Estate Planning and Probate Guidance for Redwood City

Start with what has changed

A useful review begins by comparing your current circumstances with the documents and arrangements you already have. Consider changes in family relationships, the people you would choose to make decisions, the assets you own, and the way those assets are titled. Those details can affect whether your existing plan still expresses your intentions and how it may operate.

Gather copies of your existing will, trust, financial power of attorney and health-care documents, along with a general inventory of assets and ownership. Note what has changed and list questions you want to resolve. This preparation helps focus a conversation on whether documents need updating or whether the plan’s coordination needs attention.

• Which people named in the documents remain appropriate for the roles assigned to them?
• Do the documents and asset ownership still fit together?
• Are your current health-care preferences and financial decision-making arrangements reflected?

Planning while you are alive

Estate planning can coordinate a will, trust, financial authority and health-care decisions. The right combination depends on your goals and circumstances; not every person needs every planning tool. A will and a trust serve different purposes, and the effect of either may depend on the documents and ownership of particular assets.

Explore the parts of a plan that match your questions: Wills and Pour-Over Wills; Revocable Living Trusts; Financial Power of Attorney; Advance Healthcare Directives and Living Wills; and Healthcare Power of Attorney. More specialized topics include Business Succession Planning, Pet Trusts, Special Needs Trusts, Charitable Trusts, Irrevocable Trusts, Asset Protection Trusts and Gift Tax Planning. These are distinct planning subjects, not a checklist that every family should complete.

After a death: trust administration or probate

When someone dies, the next step depends on the governing documents and how assets are owned. Some matters involve administration by a trustee under a trust; others may require formal probate. The existence of a will or trust alone does not establish which process applies to every asset, so identify the documents and ownership information before assuming a particular route.

For a San Mateo County matter, the Probate Division handles decedent estates and trusts. Consult the division’s current instructions when a court matter is involved. The county’s probate resources concern estate and trust proceedings; they are not a routine approval process for planning documents prepared during life.

• Trust Administration
• Probate Administration
• Executor and Trustee Services
• Ancillary Probate

Choose the next useful step

If your concern is that an existing plan no longer fits, begin with a document-and-ownership review rather than selecting a new document by name. Identify the specific mismatch, such as an outdated choice of decision-maker or assets that have changed, then ask how that issue relates to the rest of the plan. If someone has died, collect the will or trust and available asset-ownership information to help clarify whether trust administration, probate or another issue needs attention.

Codi M. Dada Law Office P.C. serves clients virtually throughout California from its in-person office in Novato. A focused discussion of what changed and what you want the plan to accomplish can help identify which planning or administration topic is relevant.