Estate Planning and Probate Guidance for Santa Monica Residents

Start with the decision and the person responsible

While you are living, planning can coordinate a will or trust with financial authority and health-care decisions. Consider who you want to make financial decisions if you cannot act, who should communicate health-care choices, and how you want assets addressed after death. These are related planning questions, but one document or appointee does not necessarily answer all of them.

After a death, a person named in a document should first identify the role assigned and the assets it covers. Whether trust administration or formal probate is involved depends on the documents and how assets are owned. Being named is an important starting point, not a reason to assume that every asset or task falls within that person’s authority.

• For planning during life, clarify which financial and health-care decisions need designated decision-makers.
• For administration after a death, gather the relevant documents and an overview of asset ownership before deciding what process to discuss.

Planning during life: coordinate, rather than collect documents

A useful plan is built around the decisions it needs to address. A will and a trust may play different roles, while financial authority and health-care instructions address different kinds of decisions. Discuss how the pieces fit together and whether the assets you want addressed are titled in a way that matches the plan.

The available planning topics include wills and pour-over wills; revocable living trusts and irrevocable trusts; financial powers of attorney; advance health-care directives, living wills and health-care powers of attorney. Other topics may include business succession, charitable or pet trusts, special-needs trusts, asset protection trusts and gift-tax planning. These are distinct options, not a checklist every person must complete.

• Bring a list of the decisions you want covered and the people you are considering for each role.
• Prepare a general inventory of assets and note how each is currently owned; this can help frame the discussion without assuming a particular document is required.

After a death: distinguish trust administration from probate

Trust administration and formal probate are different routes, and neither should be selected based only on a family’s preference or the title of one document. The documents and asset ownership matter. A will, for example, does not by itself establish that every asset is administered through a trust; the relevant ownership and plan need to be considered together.

If you are named to act, identify the assets that appear to be covered by the trust or other documents, and note any assets whose ownership is unclear. Ask what authority applies to each group and whether formal probate may be needed. The answer can differ across assets, so avoid treating a single document as proof that all administration is handled the same way.

• Trust administration is a topic to discuss when a trust and assets held in connection with it may govern administration.
• Probate administration is a topic to discuss when formal court administration may apply; the documents and ownership help determine the route.

Choose a focused next step

Codi M. Dada Law Office P.C. has one in-person office at 802 Grant Ave, Novato, California, and provides virtual services throughout California, including for Santa Monica residents.

Before a planning discussion, write down the decisions you want addressed and the people you are considering for each role. For an administration matter, collect the will, trust and related documents available to you, along with a basic asset-ownership list. Then identify the specific uncertainty: who may act, which assets are covered, or whether trust administration or probate should be considered. This makes it easier to focus the discussion on the authority and process relevant to your situation.