FAQs

Estate planning is the process of deciding what happens to you, your family, and everything you've built - if you become incapacitated or pass away.

A complete plan typically includes a will, a trust, a power of attorney, and a healthcare directive. Together, these documents make sure the right people are protected, your wishes are honored, and your loved ones aren't left navigating court processes during an already difficult time.

In California, having a plan in place is especially important - without one, the state decides for you.

→ Not sure where to start? Schedule a free Peace of Mind Planning Session and we'll walk you through it.

In California, most homeowners need a trust - not just a will. Here's why: California's probate process kicks in when an estate exceeds $184,500 in gross assets. If you own a home in Los Angeles or anywhere in Southern California, you almost certainly cross that threshold. A will alone does not avoid probate - it still has to go through the court process, which can take 12 to 18 months and cost roughly 5% of your estate's gross value in statutory fees.

A Revocable Living Trust, by contrast, keeps your estate entirely out of court. Assets held in your trust pass directly to your beneficiaries - privately, quickly, and without court costs. At Playa Pacific Law, we recommend a Trust Plan for most California families who own property, have children, or want to keep their affairs private.

→ Not sure which you need? Book a free Peace of Mind Planning Session and we'll tell you exactly where you stand.

If you die without a will in California, the state decides everything - and it may not reflect your wishes at all. This is called dying "intestate," and California's intestate succession laws follow a rigid formula based on marital status and blood relationships, with no regard for your actual intentions.

Your assets would be distributed according to state law - which may mean a former partner, estranged relative, or someone you'd never choose receives a portion of your estate. If you have minor children and no surviving parent is legally available, a judge who has never met your family will appoint a guardian.

Beyond that, your estate would still go through probate court - a public, expensive, and time-consuming process. A basic estate plan, starting with a will and ideally a revocable living trust, ensures your wishes are honored and your family is protected.

→ Playa Pacific Law helps California families create plans that reflect who they are, not what the state defaults to.

Probate is the court-supervised process of distributing a deceased person's assets - and in California, it is one of the most expensive and time-consuming in the country.

California probate is required for estates with gross assets over $184,500. The process typically takes 12 to 18 months (often longer), and statutory attorney and executor fees can total approximately 4-5% of the estate's gross value - not net value. That means fees are calculated on the full value of your home, not what you owe on it.

The most effective way to avoid probate in California is a Revocable Living Trust. Assets properly titled in your trust pass directly to your beneficiaries after your death - no court, no delays, no public record. Other tools, like beneficiary designations on retirement accounts and life insurance, can also help.

At Playa Pacific Law, we ensure your trust is not only drafted correctly but also properly funded - because an unfunded trust is just a piece of paper.

→ We handle the full process so nothing falls through the cracks.

If you die without a will in California and you have minor children, a probate court judge appoints their guardian - and that judge does not know your family, your values, or your wishes.

California courts will typically look first to the other biological parent. But if the other parent is deceased, absent, or unfit, the court may appoint a grandparent, sibling, or other relative - or in some cases, a court-appointed guardian who is a stranger to your child.

This is one of the most urgent reasons for parents - especially single parents - to have a proper estate plan in place. In your will, you can name the specific person you want to raise your children, explain your reasoning, and even name alternates if your first choice is unavailable. Your trust can also include instructions about how your children's inheritance should be managed and at what age they should receive it.

→ Protecting your children starts with one document. We'll help you get it right.

A complete estate plan in California typically includes five core documents. Together, they cover what happens to your assets after you die and who makes decisions for you if you become incapacitated while alive.

1. Revocable Living Trust - holds your assets and directs how they're distributed after death, without going through probate.

2. Pour-Over Will - a companion to your trust that captures any assets not yet titled in the trust.

3. Durable Power of Attorney - names someone to manage your finances if you're incapacitated.

4. Advance Healthcare Directive - specifies your medical wishes and names a healthcare agent.

5. HIPAA Authorization - allows your named person to access your medical information.

If you have minor children, you also need a guardianship nomination to designate who raises them. Depending on your situation, additional documents like a trust protector clause or special needs provisions may apply.

→ At Playa Pacific Law, your plan includes all the documents your family needs - nothing missing, nothing generic.

The key difference is control: a revocable trust can be changed at any time during your lifetime; an irrevocable trust generally cannot.

A Revocable Living Trust is the most common type used in estate planning. You create it, fund it with your assets, and remain in full control as the trustee while you're alive. You can amend it, revoke it, or change beneficiaries at any time. It avoids probate and keeps your affairs private, but it does not protect assets from creditors or reduce estate taxes during your lifetime - because legally, you still own everything in it.

An Irrevocable Trust removes assets from your taxable estate and can offer protection from creditors and lawsuits - but you give up direct control. These are used for advanced estate tax planning, Medicaid planning, asset protection, or charitable giving strategies.

For most California families, a revocable living trust is the right starting point. Irrevocable structures are added later when specific tax or asset protection goals require them.

→ At Playa Pacific Law, we recommend the right structure for where you are today - and build in flexibility for tomorrow.

You should review your estate plan every three to five years - and immediately after any major life change.

Life events that should trigger a review include: marriage, divorce, or remarriage; the birth or adoption of a child; the death of a beneficiary or named trustee; buying or selling real estate; a significant change in your financial situation; moving to a new state; or major changes in federal or state estate tax law.

An outdated estate plan can be nearly as problematic as having no plan at all. If your documents still name an ex-spouse as your healthcare agent, or your trust hasn't been updated to include a child born after it was created, your wishes may not be honored.

At Playa Pacific Law, we build ongoing relationships with our clients - not one-time transactions. We proactively reach out for plan reviews so your documents always reflect your current life, family, and goals.

→ If your plan hasn't been reviewed in the last three years, now is the time.

Yes - and single parents are often the people who need a trust most urgently. In a two-parent household, assets typically pass automatically to a surviving spouse. As a single parent, there is no automatic safety net - which means a clear, legally sound plan is essential.

A Revocable Living Trust lets you control exactly what happens to your assets and your children if something happens to you. You can name a successor trustee - a trusted person who steps in to manage the trust on your children's behalf - and specify the age at which your children receive their inheritance outright, rather than as a lump sum at 18.

You can also name a guardian for your children in your companion will, and include instructions about their care, education, and values. Single parents who are co-parenting can include provisions that account for complex family situations.

At Playa Pacific Law, we work with many single parents and blended families. Your plan will reflect your actual life - not a one-size-fits-all template.

→ Book a free session to talk through your specific situation.

Without specific planning, remarriage - yours or your surviving spouse's - can significantly redirect your assets away from your children.

If you remarry and have not updated your estate plan, your new spouse may have legal claims to a portion of your estate under California community property law. If your surviving spouse remarries after your death, assets you intended for your children could flow to a new spouse or their family - especially if they later predecease your spouse or update their own plan.

This is a particularly important concern for blended families, single parents, and anyone with children from a previous relationship.

The solution is a trust structure that provides for your surviving spouse during their lifetime while protecting your children's inheritance from being redirected by a future remarriage. This is sometimes called a QTIP trust or a marital bypass trust, and it gives you precise control over how assets are used and ultimately distributed.

→ Protecting your children's inheritance from remarriage risk is something we plan for specifically. Let's talk.

At Playa Pacific Law, estate planning is offered at flat fees - so you know the full cost before we begin, with no hourly billing surprises.

Every situation is different, and our services are designed to meet you where you are - whether you're just getting started or need more comprehensive support.

Traditional estate planning attorneys in Los Angeles often charge significantly more for similar work billed by the hour. Our flat-fee model gives you full transparency and a lifelong relationship - not a one-time transaction.

→ Contact us to discuss your situation and get a clear, upfront quote.

Yes - and this is one of the most common misconceptions about estate planning.

Estate planning isn't about how much you have. It's about who you love and what you want for them. If you have children, a car, a bank account, or simply people who depend on you - a plan matters.

Without one, a court decides who raises your children, who handles your finances, and where your belongings go. That process can be slow, costly, and stressful for the people you leave behind.

An estate plan puts those decisions in your hands - not the state's.

→ Schedule a free Peace of Mind Planning Session and let's talk about what the right plan looks like for your life.

The best time to start estate planning is before a life event forces the decision.

If you have children, own property, or have people who depend on you - now is the right time. Most people wait until something happens. By then, options are limited and loved ones are left managing the gap.

A thoughtful estate plan starts with clarity, not crisis. The earlier you plan, the more control you keep - over who raises your children, who handles your finances, and how your wishes are carried out in California.

→ Schedule a free Peace of Mind Planning Session and let's build a plan that fits your life today.

Technically yes - but it comes with real risks.

Online tools and DIY templates can generate basic documents, but they can't account for California's specific legal requirements, your unique family situation, or the nuances that determine whether a plan actually holds up when it matters most.

A will or trust that isn't properly drafted or executed can be challenged, ignored, or sent straight to probate - defeating the purpose entirely.

Estate planning isn't just paperwork. It's a set of legal decisions that protect the people you love. Getting it right the first time is almost always less costly - and far less stressful - than fixing a plan that fails.

→ Schedule a free Peace of Mind Planning Session and let's make sure your plan is built to last.

A power of attorney is a legal document that authorizes someone you trust to make decisions on your behalf - if you become unable to do so yourself.

In California, a complete estate plan typically includes both a financial power of attorney and a healthcare power of attorney. Together they ensure the right person can manage your finances, pay your bills, handle your property, and make medical decisions in your name - without needing court approval.

Without one, even a spouse or close family member may have no legal authority to act for you. That gap can cost your family time, money, and unnecessary stress during an already difficult moment.

→ Schedule a free Peace of Mind Planning Session to make sure the right person is authorized to step in for you.

An advance healthcare directive is a legal document that records your medical wishes and names someone you trust to carry them out - if you become unable to speak for yourself.

It answers questions your doctors and loved ones should never have to guess at. What kind of treatment do you want? Under what circumstances? Who has the authority to make those calls on your behalf?

In California, having a healthcare directive in place means your wishes are legally documented and your chosen person has the authority to act - without confusion, conflict, or court intervention.

It is one of the most personal documents in an estate plan. And one of the most important gifts you can give the people who love you.

→ Schedule a free Peace of Mind Planning Session to make sure your voice is heard - even when you can't speak.