Estate Planning and Probate Guidance for Gilroy Residents

Start with the decision you need to make

If you are planning for yourself, consider which decisions you want addressed: who may handle financial matters, who should make health-care decisions, and how property should be directed. A plan may coordinate wills, trusts, financial authority and health-care decisions; these tools address different needs rather than serving as interchangeable documents.

If someone has died, first distinguish whether the next step may involve administration under a trust or formal probate. The documents and the ownership of the assets help determine which process applies. A will or trust, by itself, does not tell the whole story without considering how particular assets are held.

Choose planning tools around your circumstances

The available planning services cover several different aims. You do not need to pursue every option simply because it appears in a planning menu. Identify the decisions or concerns that matter to you, then ask which documents or planning approach may address them.

For instructions about medical care and who can speak for you, explore Advance Healthcare Directives and Living Wills and Healthcare Power of Attorney. For authority over financial matters, consider Financial Power of Attorney. Wills and Pour-Over Wills address different will-related planning needs; a discussion can help clarify which is relevant to your situation.

Revocable Living Trusts, Irrevocable Trusts, Asset Protection Trusts, Charitable Trusts, Special Needs Trusts and Pet Trusts are distinct trust-planning topics. Business Succession Planning and Gift Tax Planning are also available areas to discuss. Their names alone do not determine whether a strategy fits: explain your goals and ask what decisions, trade-offs and follow-up the option would involve.

When a death has occurred

Trust administration and formal probate are not simply two names for the same task. Which route applies depends on the governing documents and asset ownership. Begin by gathering the will or trust, if available, and a basic picture of assets and how they are titled. That information can make an initial conversation more focused without assuming in advance that a particular process is required.

Trust Administration and Probate Administration are separate service topics. Ancillary Probate is another distinct topic to raise if it appears relevant to the estate. Executor and Trustee Services concerns the responsibilities associated with those roles; a consultation can help clarify which questions relate to your circumstances.

Prepare for a remote consultation

Before meeting remotely, collect whatever you already have rather than delaying to make the file complete. Useful starting points include existing wills, trusts, powers of attorney or health-care documents; a short list of major assets and their owners; and notes about family, business, charitable or care-related concerns you want to address.

For a planning conversation, write down who you would like to make financial or health-care decisions if you could not make them yourself, and what outcomes matter most. For a matter after a death, note whether there is a will or trust, who is named in it, and what you know about ownership of major assets. These are preparation prompts, not a checklist of legal requirements. Identify what you do not know so the consultation can focus on the questions that matter.

Use the first conversation to narrow the path

A useful next step is to describe whether you are planning ahead or responding to a death, then share the documents and asset information you have gathered. Ask how the documents and ownership of assets affect the available path, what remains uncertain, and which service area best matches the issue. For Gilroy residents, the firm offers virtual service statewide from its Novato-based practice.