Smart Estate Planning for Every Stage of Life
Estate Planning for Individuals and Families in Solana Beach
Estate planning law addresses the management of a client’s assets during life and the orderly transfer of those assets after death. Estate planning involves more than preparing documents—it requires thoughtful consideration of personal, financial, and legal goals. At Leo Law Office, we assist individuals and families throughout San Diego County with planning decisions related to wills, trusts, and advance directives. Our role is to provide legal guidance that supports informed planning and helps reduce administrative burdens on loved ones, consistent with applicable law.
Essential Tools for a Strong Estate Plan
Wills
A will, also known as a last will and testament, sets forth how assets and property are distributed after death and allows for the nomination of guardians for minor children. When a person dies without a will, California law determines how the estate is administered, which may not reflect individual preferences.
Trusts
Trusts are legal arrangements that allow a trustee to manage assets for designated beneficiaries. Depending on structure and circumstances, trusts may help address probate administration and asset distribution. Revocable and irrevocable trusts serve different purposes and may be appropriate in certain estate planning strategies.
Power of Attorney (POA)
A power of attorney authorizes another person to act on your behalf in financial, legal, or healthcare matters if you become unable to do so. There are several types of powers of attorney, including general, limited, durable, and springing, each designed for different situations.
Advanced Health Care Directive
An advance health care directive allows you to document medical preferences and designate an individual to make healthcare decisions if you are unable to communicate. This document may include instructions regarding treatment choices and end-of-life care.
HIPAA Authorization and Waivers
HIPAA authorizations permit designated individuals to access medical information, while waivers allow certain parties to communicate with healthcare providers regarding your care. These documents can support coordination between family members and healthcare professionals.
Legal Planning & Ongoing Guidance
Leo Law Office provides estate planning services informed by California and federal law. We assist clients with planning strategies that reflect individual goals and changing circumstances while remaining compliant with applicable legal requirements.
Fiduciary Obligation Assistance
Leo Law Office provides legal guidance to executors, trustees, and other fiduciaries involved in estate or trust administration. Fiduciary responsibilities may include asset management, debt payment, tax filings, and distributions pursuant to governing documents and California law. We help fiduciaries understand their duties, address questions that arise during administration, and navigate compliance obligations.
fiduciary duties of a trustee under California law
Under California law, a trustee has certain fiduciary responsibilities in administering a trust pursuant to California Probate Code §16000 – 16015. Among those duties are the requirements to:
- Administer the trust solely in the interest of the beneficiaries;
- Refrain from self dealing;
- Take control of and preserve trust property;
- Make trust property productive under the circumstances and in furtherance of the trust; and
- Keep trust property separate and ensure it is designated as such pursuant to the terms of the trust.
Get Organized With a trustee list
Considering the forgoing duties, here’s a trustee list to help in getting organized:
- Gather Documents – locate the full trust document and any related documents such as a will. Verify the named successor trustee(s) to succeed the decedent;
- Provide Notice – Identify the beneficiaries of the trust. Notice of trust administration must be provided as required under California Probate Code §16061.7;
- Gather Assets – A trustee must take affirmative steps to identify assets and where necessary ensure that such assets are titled in the name of the trust;
- Liquidate – a trustee may need to sell certain assets such as real estate;
- Pay Debts – as trustee must pay debts of a trust from its assets;
- File taxes – a trustee is responsible for filing of a decedent’s final tax return, probate estate tax, and the trust’s tax return;
- Account – trustees may be required to provide an accounting to beneficiaries. An accounting is a list of the trust’s assets and liabilities;
- Distribute – a trustee must plan and distribute assets to beneficiaries in accordance with the terms of the trust.
The information above does not constitute legal advice but rather has been provided for informational purposes. Professional legal assistance is recommended. Please don’t hesitate to schedule a consultation to learn more about how we can help.
Beneficiary Rights in Trust and Estate Matters
Beneficiaries of trusts or estates are entitled to certain rights under California law, which may include access to information, accountings, and notice regarding administration. Leo Law Office assists beneficiaries in understanding these rights and addressing concerns related to estate or trust administration. Legal options depend on the specific facts and governing documents involved.
Why Choose Leo Law Office as Your Estate Planning Attorney?
Leo Law Office provides estate planning legal services to clients in Solana Beach and surrounding areas. Attorney Shawn Leo offers guidance informed by experience in estate planning, regulatory compliance, and financial services. Each estate plan is developed based on individual circumstances, with an emphasis on clear communication and compliance with applicable law.
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