Best Estate Planning Lawyers in Burlingame

About Estate Planning Law in Burlingame, United States

Estate planning law in Burlingame, California, helps individuals plan for the management and distribution of their assets after death or incapacity. This area of law covers the creation of wills, trusts, powers of attorney, advance health care directives, and other legal documents that specify a person's wishes. Through careful estate planning, you can protect your assets, minimize taxes, avoid probate, and ensure that your loved ones are taken care of according to your wishes. The local community in Burlingame often seeks estate planning to maintain family harmony and ensure efficient transitions for their businesses and family wealth.

Why You May Need a Lawyer

There are many situations in which having an estate planning attorney is highly beneficial. Some common reasons people seek legal help include:

• Creating or updating a will to distribute assets as desired
• Establishing trusts for children, grandchildren, or charitable purposes
• Designating guardians for minor children
• Handling blended family or second marriage situations
• Planning for incapacity with powers of attorney and health care directives
• Navigating complex or high-value estates, including real estate or business ownership
• Reducing estate and inheritance taxes legally
• Avoiding probate or making the probate process easier for heirs
• Ensuring that estate plans comply with California state laws
• Addressing disputes among family members or beneficiaries

Legal guidance can help ensure your documents are valid, up to date, and tailored to your individual needs and goals.

Local Laws Overview

Estate planning in Burlingame is governed by California state law and relevant federal laws. A few key aspects to keep in mind:

• Probate Process: California uses a formal probate process to transfer assets if there is no trust or if assets are not jointly owned or otherwise structured to avoid probate. The process can be time-consuming and expensive, making planning important.
• Wills: California recognizes both formal written wills and certain handwritten wills (holographic wills), although there are specific rules that must be followed for validity.
• Trusts: Living trusts are popular in California to avoid probate, manage assets during incapacity, and provide privacy.
• Community Property Rules: California is a community property state, meaning spouses generally share ownership of assets acquired during marriage, affecting estate distribution.
• Estate Taxes: There is no state-level estate or inheritance tax in California, but federal estate tax may apply to large estates.
• Advance Health Care Directives: California allows residents to designate someone to make medical decisions and state end-of-life preferences through written directives.
• Durable Powers of Attorney: You can appoint an agent to handle financial and legal affairs if you become incapacitated.

An attorney can ensure your estate plan complies with California's technical requirements and is designed to meet your family's unique needs.

Frequently Asked Questions

What is estate planning and why is it important?

Estate planning is the process of arranging for the management and distribution of your assets after death or incapacity. It ensures your wishes are followed, protects your loved ones, and can help avoid probate and reduce taxes.

Do I need a will if I have a trust?

Yes, most people with a living trust also have a "pour-over" will that covers any assets not placed in the trust. The will ensures those assets are transferred to your trust upon death.

Can I write my own will in Burlingame?

You can write your own will, but California law has specific requirements for validity. A will must be signed, and often witnessed. Mistakes or unclear language can lead to costly disputes, so attorney review is recommended.

How does probate work in California?

Probate is the legal process to validate a will and distribute assets. It is handled in county court and can take months or even longer, especially if the estate is large or contested. Proper planning, like setting up a trust, can help your heirs avoid this process.

What is a living trust and how can it help me?

A living trust is a legal entity that holds your assets for your benefit and directs their transfer after death. It allows assets to avoid probate and provides control and privacy.

What happens if I die without an estate plan?

If you die without an estate plan, California's intestate succession laws decide who inherits your property. This may not match your wishes, and the process can be longer and more expensive for your family.

Who should consider having a power of attorney?

Anyone who wants to ensure their financial and legal affairs are managed by someone they trust in case of incapacity should consider a durable power of attorney.

How often should I update my estate plan?

Review your estate plan after major life events-such as marriage, divorce, birth of a child, or substantial changes in your assets. Many attorneys recommend a review every three to five years.

Are estate plans public record?

Wills become public record through the probate process. However, living trusts typically remain private.

How can I avoid family disputes over my estate?

Clear, detailed, and legally compliant documents, regular updates, and frank discussions with family members can reduce the risk of disputes. An estate planning lawyer can help mediate and draft documents to avoid ambiguity.

Additional Resources

There are several organizations and agencies that can help you with estate planning or provide more information:

• California State Bar - Estate Planning, Trust, and Probate Law Section
• Superior Court of California, County of San Mateo (handles local probate matters)
• California Department of Consumer Affairs
• Legal Aid Society of San Mateo County
• Certified local estate planning lawyers in Burlingame

These resources can provide information, referrals, and sometimes low-cost or free legal assistance. Always ensure that any professional you hire is properly licensed.

Next Steps

If you need legal assistance with estate planning in Burlingame:

• Make a list of your assets, debts, and goals for your estate
• Gather any existing estate planning documents you may have
• Search for an experienced estate planning attorney in the Burlingame area. Check credentials and client reviews
• Schedule a consultation to discuss your situation and ask questions
• Work with your attorney to draft or update your will, trust, and other key documents
• Review your plan regularly and update it as circumstances change

Proper estate planning offers peace of mind and security for you and your loved ones. Taking these steps will help ensure that your wishes are honored and your family is protected.