What You Need to Know about Estate Planning

If you don’t take charge of your estate planning, the state will do it for you. Your heirs may not like it. However, there won’t be much they can do once you’ve passed. Similarly, suppose you don’t have a Power of Attorney, Healthcare Power of Attorney, or related documents while you’re living. In that case, family members will need to go to court to gain control of your medical decisions and finances. A recent article from Kiplinger, “10 Things You Should Know About Estate Planning,” explains how estate planning is important to protect you in life and death.

Estate planning is your opportunity to direct your wishes in the event of a serious medical situation and if you are unable to communicate. You name a family member or trusted friend with a Healthcare Power of Attorney. A related document, the Living Will or Advance Directive, is used to convey your wishes about end-of-life care and being kept alive using artificial means—or choosing not to be kept alive. Without these documents, your family is legally not allowed to talk with doctors, health insurance companies, or make decisions on your behalf.

Your estate plan also includes a Power of Attorney, allowing someone to step in and pay bills, manage your household and make legal and financial decisions on your behalf if you become incapacitated. You may wish to create a trust, so they can access funds.

Everyone needs a last will and testament. Your will directs how you want your possessions distributed upon your death. It allows you to be specific, avoiding the bitter disputes that families often face when fighting over who gets mom’s jewelry or dad’s Corvette. Your will clarifies your wishes and is enforceable in court. Telling your daughter that she will receive a prized piece of artwork is not enforceable.

If you have life insurance policies, retirement accounts, investment accounts, or other assets with a beneficiary designation, whoever is named on the beneficiary designation will receive the asset. You can put other names in your will, but it won’t matter—the beneficiary designation supersedes the will. Ensure that these names are updated to ensure the correct person receives the asset.

Trusts are not just for wealthy people. They are used to hold property and grant control over who manages your property in the event of incapacity or death. If you have a 24-year-old grandchild whom you want to receive most of your assets but don’t want to come into wealth until they're mature enough to manage it, your trust can set the terms and timing of the distribution.

A good estate plan ensures that the right person takes care of managing your estate. Your will is filed with the court after you die, and the court reviews the will in a process known as probate. Your will names an executor—the person who you chose to manage your estate after death. The court then determines if your will is valid and approves your executor. If the will is questionable, the process will be delayed.

Taking charge of your estate planning protects both you and your loved ones. At The Werner Law Firm, our probate and estate planning attorneys in California help you create wills, trusts, powers of attorney, and healthcare directives tailored to your needs, so your wishes are carried out and your family is spared unnecessary stress.

If you have any questions, schedule a free appointment with us through our online appointment page.

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Reference: Kiplinger (July 17, 2025) “10 Things You Should Know About Estate Planning”