Oceanside, CA Estate Planning Experts for Wills and Trusts
Custom Wills and Trusts Tailored to You
Wills and trusts are foundational tools for transferring your assets and expressing your intentions. Our firm drafts clear, enforceable documents tailored to your situation. We explain the differences and help you decide what’s best for your goals. With the right plan, you can avoid probate, minimize taxes, and provide for your heirs.
Essential Tools for a Strong Estate Plan
Wills
A will, or “last will and testament,” outlines how you want your assets and property distributed after you pass away. It also allows you to name guardians for minor children. Without a will, the state decides how your estate is handled—often without considering your personal wishes.
Trusts
Trusts are flexible legal tools that allow a third party (trustee) to manage assets on behalf of your beneficiaries. They help avoid probate, reduce estate taxes, and ensure smooth asset transfer. Whether revocable or irrevocable, trusts are essential in many well-rounded estate plans.
Power of Attorney (POA)
A power of attorney gives someone you trust the legal authority to manage your finances, healthcare, or legal matters if you’re ever unable to do so. There are several types of POAs, each suited to different situations, including general, limited, durable, and springing.
Advanced Health Care Directive
This directive ensures your medical preferences are followed if you become unable to communicate. It also allows you to name someone to make healthcare decisions on your behalf and can include specific instructions for life-sustaining treatments.
HIPAA Authorization and Waivers
A HIPAA authorization gives selected individuals access to your private medical information, while a waiver allows certain parties—like family members or legal representatives—to communicate with healthcare providers on your behalf.
Legal Strategy & Ongoing Support
We go beyond the basics to deliver estate planning that’s personalized, forward-thinking, and legally sound. Our understanding of California and federal laws ensures your estate plan reflects your goals and stays compliant with evolving regulations.
Fiduciary Obligation Assistance
At Leo Law Office, we support executors, trustees, and other fiduciaries with the legal guidance needed to manage an estate with confidence and clarity. After someone passes away, their estate must be carefully administered—this includes paying debts, filing tax returns, and distributing assets according to the will or trust. These duties come with legal responsibilities that can feel overwhelming without the right support. We help fiduciaries understand their obligations, avoid costly mistakes, and ensure the estate is settled properly and in compliance 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 process. That includes receiving a full copy of the trust, regular updates on administration, an accurate accounting, and the ability to raise concerns about any unfair changes or mismanagement. At Leo Law Office, we protect the rights of beneficiaries and step in when trustees fail to meet their legal obligations. If you believe your rights have been violated, we’re here to help you understand your options and take action if needed.
Why Choose Leo Law Office as Your Will and Trust Attorney?
Clients choose us as their wills and trusts to secure their legacy and protect loved ones. An experienced wills and trusts crafts customized wills, trusts, and healthcare directives. Every wills and trusts on our team takes time to understand your personal and financial goals. You deserve a responsive wills and trusts who ensures your wishes are carried out. When looking for a trusted wills and trusts , our firm is the clear choice.
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