FAQs

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Frequently Asked Questions

Here are some general answers to the most Frequently Asked Questions we receive from our clients. Keep in
mind, each situation is unique so the answer here may not apply to your unique circumstances.

What Is The Difference Between A Will And A Trust?

A will is a legal document that states your wishes for how your assets should be distributed after you die. The problem with a will alone is that it typically has to go through probate — a court process that can take 1-2 years and cost your estate 4–8% (about $30,000-50,000) in fees under California law.

A living trust also states your wishes and appoints people in charge, but avoids probate entirely. Your assets transfer directly to your beneficiaries without court involvement. For most California homeowners, a trust is the better option.

Do I Even Have An “Estate”?

Yes — if you own anything, you have an estate. That includes your home, car, bank accounts, retirement accounts, life insurance, and personal property. You don’t need to be wealthy to need a plan. If you own a home in California, your estate likely already exceeds the $208,850 probate threshold, meaning without a plan, your family may have to go through court.

Will My Estate Go Through Probate?

It depends on how your assets are titled and whether you have a trust. In California, estates over $208,850 in gross value generally must go through probate if there is no trust. Probate is public, slow, and expensive. Assets held in a living trust, joint tenancy, or with a named beneficiary typically avoid probate. An estate plan done right keeps your family out of court.

Do I Need A Trust?

If you own a home in California, probably yes. A living trust lets your family skip probate, keeps your affairs private, and makes the transfer of assets faster and cheaper. A will alone does not avoid probate. If you have minor children, a blended family, or property in multiple states, a trust is especially important. We can review your situation in a free consultation and tell you exactly what makes sense for you.

How Do I Plan For End Of Life Decisions?

A Will takes effect only when you die. But what if you are alive, but not able to take care of yourself physically or mentally? Our estate planning packages include Power of Attorney forms to work in these types of situations. The forms set out who you want to make your financial or healthcare decisions for you when you are alive but not able to do so. You can make these forms as detailed as you would like – describing your wishes as to end of life decisions (“pulling the plug”, organ donations, funeral arrangements, etc.). Writing out these wishes ahead of time can help your loved ones take the guess work out of making the tough decisions and the guilt and burden that is often associated with it.

I Have Minor Children – How Do I Make Sure They Are Taken Care Of When I’m Not Here?

The first step is to designate who the guardians of the children would be should both parents die. You may already know who you would want (or not want) to be the guardian. It is best to put things in writing to be clear and prevent family legal battles later on. You can also designate, for example, your financially savvy uncle as the guardian for the child’s finances, but your caring grandmother as the child’s guardian for health and personal matters.

You can also set up a Trust for the minor child to receive a portion of funds at interval ages (Example: a third of assets at age 25, another third at age 30, the rest at age 35). Otherwise, without a Trust or Will, a child could inherit the parents’ entire estate at age 18, when they are not mature or financially responsible enough to handle a large lump sum of money being handed to them. There are many different options to ensure your children, step children, nieces and nephews, are taken care of in the way you want them taken care of. Please talk to our attorneys to advise you in the best way to carry out your wishes.

Practice Areas

Estate Planning

trust administration

probate

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Sakamoto & Ruelas, APC

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Cerritos Office
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18115 Valley View Avenue
Suite 201
Cerritos, CA 90703
Phone: (714) 994-4900

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27281 Las Ramblas
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Mission Viejo, CA 92691
Phone: (714) 994-4900