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Your property and the probate process

On behalf of Frisella Law, APC on Friday, August 10, 2018.

As you begin to consider the process of estate planning, you may feel overwhelmed with the options available and the ramifications of choosing each. One matter that may reoccur in your discussions with advisors is probate. While probate is a necessary process for one's estate, you are likely hearing advice about how to avoid it whenever possible.

If the issue that complicates your estate is real property, it may help you to understand how the ownership of that property affects its need for probate. Knowing this may help you make important decisions about how to prepare your real estate for probate.

What is the best place to keep my estate planning papers?

On behalf of Frisella Law, APC on Wednesday, July 11, 2018.

After overcoming the personal reasons that held you back from making an estate plan, you took the plunge, met with a skilled attorney and developed a plan that provides for your loved ones and gives you some peace of mind. The question you have now is what to do with those precious documents.

Wouldn't it be a tragedy if, after taking the time and energy to make your estate plan, your loved ones were unable to locate your papers when the time comes? If you become critically injured or gravely ill, would your family know where to find your power of attorney or health care proxy documents? When you pass away, will your loved ones have ready access to your will and trust? Meanwhile, if a fire or natural disaster strikes, will your estate plan be safe from destruction?

What type of end-of-life care will you prefer?

On behalf of Frisella Law, APC on Wednesday, June 13, 2018.

As you age, you -- like many other individuals -- may have come to terms with the fact that you will one day die. While this thought may not fill you with joy, it may also no longer fill you with dread or fear. As a result, you may feel ready to address the possibility that you could end up in a potentially terminal situation at some point in your remaining years.

While you may have accepted your eventual demise, you may still have opinions on how a serious health-related situation should be handled. Because you may not have the ability to voice those opinions when the need arises, you should plan ahead by creating a living will or other type of advance healthcare directive.

Could an ILIT suit your estate planning needs?

On behalf of Frisella Law, APC on Friday, May 11, 2018.

You may want to protect and provide for you family in many ways. This desire may have led you to take out a life insurance policy that could help your family financially in the event of your death. These policies are common and do provide assistance after the death of a loved one. However, the proceeds of these policies could potentially face taxation.

In order to further ease burdens on your family, you may want to help them avoid dealing with estate taxes after your death. Fortunately, a variety of methods could help you carry out this action. When it comes to avoiding taxes on life insurance proceeds in particular, you may want to take a closer look at an irrevocable life insurance trust.

Is your estate plan ready for your divorce?

On behalf of Frisella Law, APC posted in blog on Wednesday, April 18, 2018.

Creating an estate plan not only provides security for your loved ones, but it can give you peace of mind as well, especially if your plan includes elements to protect your wishes while you are still alive. When you made your estate plan, you likely anticipated few major changes in your life. However, life often throws curve balls, and now you are facing a divorce.

Naturally, you have a lot to think about and plan. Preparing for a divorce can be time consuming as you gather and valuate your assets, determine custody of your children and decide who gets the house. One important item on your to-do list you should not postpone is the revision of your estate plan.

When does a California family need a special needs trust?

On behalf of Frisella Law, APC posted in blog on Thursday, March 15, 2018.

The types of tools you should use as part of your estate plan depends on the needs and objectives of your individual family. Every estate plan is different, and you can take steps to ensure that your plan meets your needs and helps you take care of your loved ones after you are gone.

If your California family cares for a special needs person, you can create a special needs trust to ensure that this person has the care he or she needs long into the future. This specific type of trust can protect assets and money you set aside for a person who lacks the capacity for self-care or money management. You may find it beneficial to explore the benefits of adding a trust as part of your complete estate plan.

Your estate plan and your addicted child

On behalf of Frisella Law, APC posted in blog on Friday, February 16, 2018.

Like many families, yours may be watching with sorrow as one member struggles with addiction. The opioid epidemic knows no boundaries, and families from every corner of society have felt the impact of its control on the lives of loved ones. While many deal with feelings of shame and guilt, you may be among those who are also looking for a way to protect the rest of your family from the devastating effects of a sibling's addiction.

If you have resolved to make your estate plan, you may be hesitating because you are uncertain how to navigate your loved one's substance abuse. This conflict is becoming more common, and a skilled and experienced attorney can counsel you on some alternatives for your unique situation. However, you may wish to know how some options have played out in similar circumstances.

Diagnosed with terminal cancer? Protect your medical care wishes

On behalf of Frisella Law, APC posted in blog on Friday, January 19, 2018.

Different cancers kill hundreds of thousands of people every year, many here in California. If you've received a terminal cancer diagnosis you may be wondering what you can do to make sure your medical care wishes are respected and honored going forward. After all, what you want and what your family members may want may be very different. At the end of the day, it is your life and your body. You should get the final say.

Cancer is not something anyone or any family wants to deal with, but it happens. Upon receiving a terminal cancer diagnosis, you may focus on living the rest of your life to the fullest and less on your impending demise. Anyone would rather focus on the former rather than the latter. Nevertheless, it is also important to make sure your final affairs are in order, including having protections in place for end of life care. You can accomplish this through estate planning and setting up advanced directives.

What happens to your assets if you die intestate?

On behalf of Frisella Law, APC posted in blog on Friday, December 15, 2017.

You may have recently found yourself looking over many of the possessions you have accumulated over the years. Some of them may hold a considerable amount of meaning to you, while others you may simply have obtained out of necessity or passing interest. Nonetheless, you may still have begun wondering what would happen to your assets after your death.

Many people find themselves considering this idea at some point in their lives, and it can often lead to the start of estate planning. You may wonder whether creating an estate plan is necessary or even useful for your situation. However, estate planning could offer benefits to anyone, and if you do not create a plan, California state law dictates who receives your assets.

“What will happen to the dog?” Estate planning for family pets

On behalf of Frisella Law, APC posted in blog on Monday, November 20, 2017.

When it comes time to plan for the future of your estate, you probably have several assets and pieces of property to consider. 401(k)s, trusts, bank accounts, family heirlooms, expensive items of jewelry and more. You will also likely develop a plan for how to care for your children and grandchildren after you’re gone.

But do you have a plan for what will happen to the family cat or dog?

San Diego Probate & Estate Administration Law Blog