Estate Planning and Probate Guidance for Millbrae

Start with the ownership or authority question

Planning during life and handling affairs after a death are related, but they are not the same task. Estate planning can coordinate wills, trusts, financial authority, and health-care decisions. After a death, whether trust administration or formal probate applies depends on the documents and how assets are owned.

A useful first question is: What decision needs to be made, and who currently has authority to make it? For planning, consider who should manage finances or communicate health-care preferences if you cannot act for yourself. After a death, identify the relevant documents and ownership of the assets before assuming which administration path applies.

• If you are planning ahead, focus on the decisions and authority you want to arrange.
• If someone has died, gather the available estate documents and information about how property is titled before choosing a process.

Planning while you are alive

A plan is not one document that fits every situation. The relevant pieces may concern a will, a trust, financial authority, or health-care decisions. Which combination to explore depends on the decisions you want addressed and your circumstances.

The firm’s related services cover Advance Healthcare Directives and Living Wills, Healthcare Power of Attorney, Financial Power of Attorney, Wills, Pour-Over Wills, and Revocable Living Trusts. Other planning topics include Asset Protection Trusts, Irrevocable Trusts, Charitable Trusts, Gift Tax Planning, Business Succession Planning, Pet Trusts, and Special Needs Trusts. These are distinct subjects to evaluate, not a checklist every family must complete.

After a death: trust administration or probate

Trust administration and formal probate are separate routes, and the documents and ownership of each asset matter to the choice. A trust’s existence alone does not establish that every asset will be handled through trust administration. Likewise, do not assume probate applies to every asset or estate without reviewing the relevant documents and ownership.

The firm’s related services include Trust Administration, Probate Administration, Ancillary Probate, and Executor and Trustee Services. These topics address different administration questions; the name of a service does not by itself determine which process applies to a particular estate.

A practical way to prepare

Before discussing options, write down the decision you want to make or the question raised by a recent death. Gather documents that may show the plan and ownership of relevant assets, along with a list of questions about who has authority and what remains unclear. This can help keep the discussion focused on the issue that could change the next step.

San Mateo County probate information

For a matter involving decedent estates or trusts in San Mateo County, the Probate Division handles those matters. Consult its current division and case instructions for applicable procedural information.