Helping Clients Prepare for the Future

Thinking about your own death may not seem like a pleasant prospect. However, ignoring the future can lead to devastating consequences, including loss of property during conflicts, taxation, and the probate process. Hiring an estate and probate lawyer can protect your surviving family members by complying with California law, minimizing taxes, and assigning assets to match your family’s unique needs and goals.

Our California estate planning lawyers are prepared to help you navigate the entire process of estate planning. We can answer complex tax questions, protect your assets from excess taxation and creditors, and ensure you are prepared for the inevitable day you pass away. We also assist families facing civil litigation during the estate administration process. We resolve conflicts in creative and compassionate ways while fighting for the interests of our clients and their families.

Taking a few minutes today can make all the difference for your loved ones in the future. Whether you need a simple will and testament or have more complicated assets, such as businesses and real estate, we can help. We will guide you through the estate planning process with care. Call 559-545-0383 right away to schedule a free consultation with the highly skilled estate planning attorneys at our Fresno office.

What Is Estate Planning?

Estate planning involves organizing your assets using legally sound documents to avoid loss of income both while you’re alive and after you pass away. In an estate plan, you may assign ownership of certain assets in trusts that allow you to control your property while you’re alive and dictate how you want property distributed after you die. You can also leave a testament of goodness through various charitable donations, including using creative methods to leave assets behind for family members with unique needs.

A thorough estate plan also protects you in case you become incapacitated due to illness, injury, or age. You can assign decision-making authority to a person of your choice so your wealth and health are in the hands of someone who will act according to your wishes.

Before you start the estate planning process, you should consult with an experienced estate planning lawyer for counsel regarding your family’s needs. Your estate planning attorney can help you evaluate which documents and strategies best match your goals to create a legally sound estate plan that works best for you and your loved ones.

If you have any questions about how estate plans work or what you should include in your estate plan, please reach out to our law firm. We offer free consultations, so you have nothing to lose by coming in to talk with us. We will listen carefully to your questions and concerns and will offer answers and counsel in terms you can understand. With our nearly eight decades of experience, you can trust our Fresno, CA team.

What Documents Should I Have in My Estate Plan?

Estate planning and related practice areas are unique to every individual. The required documents depend largely on the client’s desires and their family’s circumstances. The best way to know exactly what documents you need is to speak with a trusted estate planning lawyer like those at Tomassian, Pimentel & Shapazian. We will take the time to carefully assess your needs and advise you based on our over 75 years of experience.

Some documents that are commonly used in California estate plans include:

• Wills – Wills dictate your wishes after you die, including naming an estate administrator and a guardian for surviving children.
• Trusts – Trusts are documents that provide greater flexibility when passing on assets, including money, businesses, real property, retirement plans, and other valuables. Trusts may also offer protection from taxes and creditors while you’re still alive.
• Power of attorney – A power of attorney document indicates the person you wish to control important aspects of your life, including finances and healthcare decisions.
• Advance health care directive – An advance health care directive names a person who can make medical decisions on your behalf if you become incapacitated due to age, illness, or injury.

What Is a Will?

A will is a foundational part of the estate plan, especially in California, where the law permits the court to administer the estate if no will is found. This means that if you die intestate or without a will, a judge will decide who gets your estate. In this case, the law dictates that the surviving spouse and children get the majority of the estate. This could leave close loved ones, domestic partners, and other relatives with nothing.

Creating a will is also necessary to indicate who you wish to execute your estate. The executor has the fiduciary responsibility to carry out your wishes and protect the interests of all beneficiaries. The will can also name a guardian for any minor children left behind after you die. Without a will, the court will name a guardian who might not be the person you would have chosen to raise your children.

Every adult in California should have a will as protection for the future. For help creating a legally valid will that meets your needs, reach out to our law firm immediately.

What Is a Trust?

Most people have heard of wills, but many are not familiar with how trusts work in the California estate plan. A trust is an entity that is legally assigned ownership of your property and other assets. When you assign assets to a trust, you no longer own that property in your name. The trust is managed by a trustee, which, in some cases, may be yourself. Trusts provide excellent tax protection and allow you to distribute assets to beneficiaries in unique ways, such as giving individuals an inheritance a little at a time throughout their lives.

A skilled estate planning lawyer can help you create a trust that matches your goals and is legally sound so no issues arise in the future. If you currently have a trust or are a trustee, we are prepared to help with trust litigation and other trust administration issues. Contact the estate planning team at our law firm for more information about different types of trusts and whether a trust is the right choice for you.

What Issues May Arise During Estate Administration?

When a person dies, the distribution of the estate can be extremely complex. Even for persons who die with a will, the California probate system plays a part in administering the estate. This process can be lengthy, expensive, and full of conflicts. For example, certain family members may not like the results of the distribution and could attempt to prove that the will or trust is invalid.

Other conflicts may arise when beneficiaries fight over certain assets, making litigation necessary to resolve these differences. Disputes and litigation can take a toll on family relationships and the value of the estate. To avoid a lengthy dispute, you should consider hiring a talented estate planning attorney to get you quick results in your favor.

Our estate planning attorneys understand the importance of getting a fair resolution as quickly as possible. In many cases, we can negotiate a solution outside of court, saving the family the hassle and expense of standing before a judge. If you are dealing with a dispute or if you need legal advice to avoid a conflict when a loved one dies, please reach out to our team of attorneys right away.

How Does the California Probate Process Work?

The California probate process can be complex and overwhelming. Many individuals design their estate plans to avoid exposure to probate, which offers their families relief from the probate process and provides greater privacy. Having an estate planning lawyer on your side can increase your chances of accomplishing probate quickly and without significant issues.

Some steps that occur during probate in California include:

• Filing a petition with the court to start the probate process
• Administering notices of probate to beneficiaries and creditors
• Conducting an inventory of the decedent’s assets
• Making payments to creditors from the estate holdings
• Filing and paying taxes on the estate
• Distributing the remaining inheritance to beneficiaries

The estate executor is responsible for ensuring the above steps are carried out according to the law. If you are an executor or a family member who is concerned about how a loved one’s estate is being administered, please contact an estate planning attorney for counsel and representation.

Why Do I Need a Lawyer to Create an Estate Plan?

Many people wonder if it is necessary to hire a lawyer to create the legal documents that make up an estate plan. The truth is that the estate planning process can be highly complicated because of the flexibility of the many legal documents. Without experience and knowledge of this field of law, you could accidentally put yourself in a situation where your loved ones are at the mercy of the court. In such cases, friends and family often walk away with much less than you intended.

With an estate planning attorney on your side, you enjoy the following benefits and more:

• Advice based on decades of experience
• Creative solutions that match your family’s unique needs
• Legally sound documents that hold up in court
• Tax advantages to protect your business and properties
• Control over your assets while you are still alive
• Documents that allow you to pass on an inheritance in a way that matches your goals
• Protection in case you become incapacitated

Don’t take any unnecessary risks with so much at stake. Call our law firm today to get started!

Should You Hire Our Fresno Estate Planning Lawyers?

When you are ready to create your estate plan, please reach out to the knowledgeable team of attorneys at Tomassian, Pimentel & Shapazian. We will help you identify the estate planning tools that best meet your needs so you can create an estate plan quickly and efficiently. Taking a small amount of time today to prepare for the future can help your family immensely later on. We may even be able to help to reduce the cost of taxes through trusts.

Our legal team will handle your estate planning based on our more than seventy-five years of legal practice. We understand California law and will apply that knowledge, skill, and dedication to your estate plan. Contact us today for a free consultation, where we’ll discuss your needs and goals at no extra charge. Call 559-545-0383 to speak with our compassionate, capable estate planning team today.