Estate Planning Services for Individuals and Families in Encinitas, CA
Planning for Your Wishes and Asset Considerations
Leo Law Office creates customized estate plans designed to reflect each client’s stated goals and circumstances. We draft wills, trusts, healthcare directives, and powers of attorney with careful attention to applicable legal requirements. Estate planning is not one-size-fits-all—we listen and tailor planning documents based on individual needs and preferences. Through informed legal guidance, we assist clients with planning considerations related to future decision-making and asset-related matters.
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 be used to address probate administration and asset distribution considerations. Revocable and irrevocable trusts serve different purposes and may be appropriate depending on individual planning objectives.
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 preferences and end-of-life care decisions.
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 assist with coordination among 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
At Leo Law Office, we support executors, trustees, and other fiduciaries with legal guidance related to estate administration responsibilities. After someone passes away, an estate must be administered, which may include paying debts, filing tax returns, and distributing assets according to the will or trust. These duties carry legal obligations that can be complex. We assist fiduciaries in understanding their responsibilities and addressing estate administration matters in accordance with California law.
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
If you’ve been named as a beneficiary of a trust or estate, you have the right to be treated fairly and kept informed throughout the administration process. This may include receiving a copy of the trust, updates on administration, access to accountings, and the ability to raise concerns regarding potential mismanagement. Leo Law Office assists beneficiaries with understanding their rights and available legal options under California law.
Why Choose Leo Law Office as Your Estate Planning Attorney?
Clients work with our firm when seeking an estate planning attorney to assist with planning-related legal matters. An estate planning attorney provides legal guidance regarding wills, trusts, and healthcare directives. As your estate planning attorney , we work with you to understand your stated goals and applicable planning considerations. Choosing an estate planning attorney involves evaluating experience with estate planning laws and procedures. When looking for an estate planning attorney , our firm is available to provide legal guidance based on individual circumstances.
Legal Insights & Updates
