Cypress Estate Planning Lawyer

Cypress Estate Planning Attorney

Planning your estate and having a valid will in place is vital to ensuring your assets are distributed according to your wishes once you pass. At Sakamoto & Ruelas, APC, you can consult with an experienced Cypress estate planning lawyer to plan your estate.

Knowing that you’re securing your family’s well-being after your death is generally a big motivator for estate planning. Without having your assets in order after death, probate can put your loved ones through a lot of unnecessary stress.

15.7% of Cypress residents are aged 65 or older, making estate planning a critical task to complete. Without having a valid plan in place, your estate will default to California’s probate process. Your assets will be distributed according to the state’s intestacy laws, not according to your personal wishes. Sakamoto & Ruelas, APC assists individuals and families with comprehensive planning to avoid unnecessary court involvement and maintain control over their estate.

Understanding Estate Planning in California

Estate administration in California is governed by the California Probate Code. The Probate Code deals with the creation, potential alterations, and future interpretation of wills after an individual dies. It outlines all legal requirements for a will to be considered valid. This includes the individual’s mental capacity as well as the requirement for witnesses to be physically present at the time of signing the will.

The Probate Code also outlines the rules of intestate succession, which is the legal process that happens when there is no valid will in place after an individual’s death. Intestate succession decides how remaining assets are divided among heirs in accordance with California law.

At Sakamoto & Ruelas, APC, we can assist you with a complete estate plan. This typically includes:

• Creation of a will and/or trust
• Assigning powers of attorney for financial and medical decisions
• Naming those who will inherit assets

In California, the intestate probate process can take between twelve and eighteen months, whereas regular probate can take between nine and eighteen months to complete. The time can vary drastically depending on whether there is a will or not, the complexity of the estate, and any legal will disputes amongst family members.

If there is no will, family members may have to spend time and money in court and on attorney fees to advocate for their loved one’s assets to be distributed according to their wishes.

Using Trusts to Manage and Transfer Property

In California, if the full estate is valued under $184,500, it may qualify for a simplified process, which allows heirs to receive assets without having to go through full probate in Cypress. Another way to avoid probate is to establish a living trust.

Similar to a will, a living trust allows you to decide what happens to your property after you pass, by naming a beneficiary or beneficiaries. If you place all of your property into a trust by the time of your death, you are legally not the owner of any of it. This means that when you pass, probate is not needed to pass your property.

Asset Protection and Tax Planning

While California doesn’t have an estate tax or inheritance taxes, federal estate taxes still apply to high-value estates. With the median Cypress home valued at $870,100, having a valid will in place is crucial for many residents. Exemptions for federal estate tax filing depend on the year of the individual’s death.

For those who passed in 2025, the estate amount to be exempted from filing is any amount under $13,990,000. This means that if the total value of the estate is less than this amount, no federal estate tax will be owed.

Proposition 19, effective since 2021, permits parents to transfer their primary family home to their children for continued use as a primary residence. This limits property tax increases on the home.

Estate and probate laws can shift over time, and it can be difficult to stay up-to-date on law changes by yourself. Sakamoto & Ruelas, APC helps clients understand how changes in California tax law can impact estate transfers during potential probate proceedings.

Probate can be a tricky process for anyone, but especially for those still dealing with the grief of losing a loved one. Most executors are going through the probate process for the first time, and not having an estate plan can make it all the more difficult.

FAQs

How Much Does Estate Planning Cost in California?

The cost of estate planning in California can vary and generally depends on the complexity of the assets involved. Having businesses, real property with multiple owners, and out-of-state holdings are a couple of items that can complicate matters. Sakamoto & Ruelas, APC can provide clear estimates of the cost at an initial consultation. Court costs, recording fees, and notary expenses may also apply in certain cases.

What Is the 5 by 5 Rule in Estate Planning?

The 5 by 5 rule gives the beneficiary in your trust the right to withdraw either $5,000 or 5% of the trust’s value each year, whichever is greater. This amount is added to any regular income the trust makes, such as interest. The purpose of this rule is to ensure the beneficiary always gets the minimum amount of money, even if the trust’s investments don’t do well that year or decline in value.

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

An estate lawyer is a licensed attorney who prepares legally binding documents and represents clients in court if necessary. An estate planner may not be a lawyer and typically focuses on financial strategies, such as tax planning or insurance. Sakamoto & Ruelas, APC is a law firm, and all estate planning services are provided by attorneys familiar with California law.

What Are the 7 Steps in the Estate Planning Process?

There are generally 7 steps involved in the estate planning process. They are as follows:

1. Create an inventory of all your assets.
2. Define your goals and priorities.
3. Choose the proper estate planning tools.
4. Name beneficiaries.
5. Draft documents.
6. Execute and fund the plan.
7. Reassess periodically, and especially when there are changes within the family structure.

If you need to protect your assets, plan for your family’s future, or execute a loved one’s estate, contact Sakamoto & Ruelas, APC. Our attorneys provide tailored estate planning solutions based on California law and your and your family’s unique needs.