Estate Planning and Probate for Los Altos Hills Families

Start with the decision you need to make

Planning while you are alive is different from administering an estate after someone dies. Estate planning can coordinate a will, a trust, financial authority and health-care decisions. After a death, the documents and ownership of assets help determine whether a trustee administration or formal probate is involved. These paths are related, but one document or arrangement should not be assumed to settle every question.

Before relying on a document or beneficiary arrangement, clarify what it is intended to do, which assets or decisions it addresses, and who is expected to act. If you are helping a family member, also ask whether the document reflects that person’s current wishes and circumstances.

• If the concern is authority or care during life, consider the planning options for health-care decisions or financial authority.
• If the concern is transferring property after death, clarify how a will, trust and asset ownership fit together.
• If someone has died, first identify the documents and how relevant property is titled before assuming which administration path applies.

Choose planning based on the need, not the label

A planning conversation can begin with the decisions the family wants covered, then identify which documents or arrangements may address them. The available topics are options, not a checklist every person must complete. For example, a person concerned about who can communicate health-care wishes has a different starting point from someone focused on managing finances or directing property at death.

• For care and medical-decision planning, explore Advance Healthcare Directives and Living Wills or Healthcare Power of Attorney.
• For authority over financial matters, explore Financial Power of Attorney.
• For planning around property at death, explore Wills, Pour-Over Wills and Revocable Living Trusts.
• For more specialized goals, explore Business Succession Planning, Charitable Trusts, Pet Trusts, Special Needs Trusts, Asset Protection Trusts, Irrevocable Trusts or Gift Tax Planning.

After a death: identify the administration path

A named trustee may be involved in administering assets held in a trust, while formal probate may apply in other circumstances. The documents and asset ownership matter; the existence of a will or trust alone does not establish the path for every asset. Reviewing those details can help a family understand what questions to address before taking steps based on an assumption.

If you are already dealing with an estate, the relevant topics include Trust Administration, Probate Administration, Executor and Trustee Services, and, where applicable, Ancillary Probate. These are distinct subjects: the right one depends on the circumstances and should not be selected just because its name sounds familiar.

• Gather the available will, trust and related planning documents.
• Make a working list of assets and note how each is owned or titled, if known.
• Write down who is named to act and what decisions or property are in question.

Prepare for a focused conversation

Bring the documents and questions that connect to your immediate concern. It can help to separate what is known from what needs clarification: for example, an asset’s title may be uncertain, a named person may no longer be the intended choice, or the family may not know whether an asset is addressed by a trust. These are useful topics to raise, not conclusions about what the law requires in your situation.

Codi M. Dada Law Office P.C. has one in-person office in Novato and provides virtual services throughout California, including for Los Altos Hills residents. A focused next step is to identify whether your concern is planning during life, administration after a death, or both, then organize the relevant documents and questions.