Brea Estate Planning Lawyer

Brea Estate Planning Attorney

Do you know what will happen to your assets after you pass? Planning now can reduce the challenges your family members will face after your death. A Brea estate planning lawyer can guide you through the estate planning process to ensure your assets are distributed the way you want

Sakamoto & Ruelas, APC, can help make estate planning simpler and less overwhelming. We can guide you through the proper legal processes to ensure that your estate wishes are legally enforceable. Proper planning now may help you and your loved ones avoid complications and frustrations later.

What Is Estate Planning in Brea?

Estate planning is the process of preparing and arranging for the distribution and management of your assets after your death. Key components of estate planning typically include:

• A will. A will is one of the most crucial parts of any estate plan. It details how you want your property to be distributed after you pass. It may also include details about who you want to manage your accounts and who will take care of your minor children (if applicable).
• A trust. This is a legal fiduciary arrangement that gives one party (the trustee) authority to manage and hold assets for another party (the beneficiary). Trusts are often established to protect assets, manage taxes, and avoid probate.
• Legal personal representative. Selecting an executor is a critical part of the estate planning process. The executor of your estate acts on your behalf and oversees the terms of the will.

Your Brea estate planning attorney may recommend additional documents or legal processes based on your unique situation. Working with a lawyer to follow estate planning laws may help asset distribution go more smoothly. If you anticipate family members opening an estate planning case over asset disputes, talk to your lawyer about your concerns. They may be able to help you identify ways you can mitigate conflict during the estate planning process.

What Happens if You Have No Estate Plan

If you die without an estate plan in California, your property will likely be subject to intestate succession laws (Probate Code sections 6400-6455). In 2024, there were 63,609 probate court filings in California. In Orange County alone, there were 2,763 probate cases during fiscal year 2023-2024.

During probate, state laws determine how your assets will be distributed, regardless of your wishes as the decedent. However, some estates may not have to go through probate, despite the lack of a will or trust.

Probate laws in California allow you to transfer or collect the decedent’s personal property without going through full probate if the deceased died between April 1st, 2022, and March 31st, 2025, provided the estate has less than $184,500 in assets. The Superior Court handles probate court at the county level. In Orange County, probate cases are primarily handled at the Costa Mesa Justice Complex located at 3390 Harbor Blvd., Costa Mesa, CA

When to Hire an Estate Planning Lawyer

If you feel overwhelmed by the estate planning process, you should know you’re not alone. It’s challenging to know which forms to fill out and how to make sure they’re legally binding. It’s advisable to hire an estate planning lawyer if:

• You feel intimidated by the estate planning process.
• You have a blended or large family with complicated dynamics.
• You own property in another country.
• You own a business and require legal assistance to help you manage your assets.
• You want to help your family avoid probate, but don’t know how to set up a trust.
• You have children with special needs or minor children who require protection after you’re gone.
• You anticipate family disputes over your will.

Why Trust Sakamoto & Ruelas, APC

Sakamoto & Ruelas, APC, knows how to support you through the estate planning process. We have over 25 years of combined experience helping clients build legally enforceable estate plans. We’re conveniently located just minutes from Laguna Lake Park and Muckenthaler Cultural Center. We can meet with you virtually or in person to help you navigate complex estate planning laws and prepare for the future.

FAQs

How Much Does It Cost to Have Estate Planning?

The cost of estate planning in Brea can vary based on the unique details of the estate. Most estate planning lawyers bill clients in one of two ways: hourly or flat rate (frequently used for filing documents and other simple services). Ask your lawyer for a personalized cost estimate based on your case and their fees.

What Is the “5 by 5” Rule in Estate Planning?

The “5 by 5” rule in estate planning is designed to give beneficiaries more control over how much trust fund money they can responsibly access. It allows beneficiaries to withdraw either 5% of the fair market value of the trust each year, or $5,000 each year (whichever is higher). Let your estate planning attorney know if you want to include a 5 by 5 Power clause in your trust.

What Does It Cost for an Attorney to Settle an Estate?

The average cost for an attorney to settle an estate can vary based on whether the attorney charges a flat fee or by the hour. Some estate planning lawyers may even take a percentage of the estate’s value as payment. The attorney you use, their fee structure, and the complexity of the case can all have an impact on the final cost.

What Is the Difference Between an Estate Lawyer and an Estate Planner?

An estate planner helps clients strategize how to preserve their own wealth and distribute it. An estate lawyer deals more with the legal side of estate planning and management. They may guide beneficiaries through probate and draft legal documents such as trusts and wills. An estate lawyer may also help ensure that a client’s wishes for their assets after death are legally enforceable

Hire an Estate Lawyer

Trying to plan your estate on your own can be an overwhelming process. An experienced Brea estate planning attorney can guide you through the process so you feel empowered and prepared. Contact Sakamoto & Ruelas, APC, to start planning for your future today.