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Frequently Asked Questions
Estate Plans
Estate Planning Attorneys
Why Summerall
Living Trusts
Medi-Cal
An estate plan is a set of legal documents that explains what should happen to your property, finances, and medical decisions if you become ill, incapacitated, or pass away. Without one, California law makes those decisions for you — often in ways you wouldn’t choose. A proper plan protects your loved ones, reduces stress and costs, and ensures your wishes are followed.
If you pass away without a plan, the state uses a default legal process known as intestate succession. This means the government — not your family — decides who receives your assets and who manages the process. It can result in delays, expensive probate proceedings, and outcomes that don’t reflect your wishes.
Most Californians benefit from a revocable living trust, because it avoids probate — the long, expensive court process that follows many deaths. A will still plays an important role: it “pours” any remaining assets not covered by your trust into your trust. During your consultation, we’ll help you choose the right combination based on your situation.
A typical Summerall Law plan includes:
• Revocable Living Trust
• Pour-Over Will
• Durable Power of Attorney
• Advance Health Care Directive
• HIPAA Authorization
• Guardianship Nominations (if you have children)
• Instructions for trust funding
We tailor the package to your needs.
Trust funding means transferring your assets into your trust so they are protected and can avoid probate. We guide you through this step, explain what needs to be retitled, and provide instructions so nothing is missed.
Digital assets are part of your estate. Your plan can outline who can access, manage, and close your digital accounts — including social media, cloud storage, cryptocurrency, loyalty points, and more. Without clear instructions, loved ones may be locked out.
We recommend reviewing your plan every 3–5 years or after major life events such as marriage, divorce, buying real estate, the birth of a child, or significant financial changes.
We gladly provide a 10% discount to veterans and all those who serve our communities through the military, fire and police departments, and by teaching in public schools (K-12).
A comprehensive estate plan for a California family should cover both incapacity planning and legacy transfer. At Summerall Law, every plan includes:
• Revocable Living Trust to hold assets and avoid probate. Separate Property Trusts, and Special Needs Trust as Needed.
• Pour-Over Will to capture any assets not titled in the trust.
• Durable Power of Attorney for financial decisions if you become incapacitated.
• Advance Health Care Directive to guide medical choices and name health care agents.
• Any necessary deed work.
• Trust Funding Guidance to help you retitle assets and coordinate with banks, brokers, and real estate holdings.
We also customize optional components — like children’s trusts, blended-family protections, or legacy subtrusts — to reflect each family’s needs.
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