Question 1

Do I need an attorney if I already have a will?

Accepted Answer

A will alone does not avoid probate in California. If you own a home or have significant assets, your family may still face the full probate process. Many clients come to us to convert their existing will into a trust-based plan that provides more protection.

Question 2

What is an estate plan, and why do I need one?

Accepted Answer

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.

Question 3

What is probate, and why should I avoid it?

Accepted Answer

Probate is a court-supervised process to settle someone’s estate after death. In California, it is slow (often 12–24 months), costly (statutory fees start at thousands of dollars), and public. Most people prefer to avoid probate by creating a properly drafted living trust.

Question 4

Can Summerall Law help me understand Medi-Cal long-term care considerations?

Accepted Answer

Yes. We regularly help clients understand how Medi-Cal planning fits with their estate plan — and when it truly makes sense to take extra steps.

The vast majority of Californians no longer benefit from irrevocable trusts for Medi-Cal purposes. In many cases, these trusts cause more harm than good: they can eliminate full ownership rights, forfeit the step-up in capital-gains basis, or even trigger property-tax reassessment. Before entering into an irrevocable trust, make sure it actually accomplishes something meaningful for you.

For most families, a standard revocable living trust already provides the protection they need — including avoiding a Medi-Cal lien on the family home. At Summerall Law, we focus on giving you practical.

Question 5

How much does an estate plan cost at Summerall Law?

Accepted Answer

We offer flat-fee pricing for full, attorney-led estate plans. There are no hourly charges or surprise costs. Most clients pay $1,500 per person, or $450 with legal insurance. Your plan includes attorney consultations, customized documents, and guidance on funding your trust.

Question 6

Is the process confusing? I don’t know where to start.

Accepted Answer

Not at all — and that’s the point of working with Summerall Law. We explain everything clearly, avoid legal jargon, and handle the details. Most clients say they expected the process to feel overwhelming but found it surprisingly easy.

Question 7

How do living trusts work to avoid probate in California?

Accepted Answer

A living trust is like a will that says, “I trust my trustee — they don’t have to go through probate.” By signing a trust, you’re essentially doing what you do when you name a beneficiary on a retirement account: you’re giving your chosen trustee the legal authority to manage and transfer your assets to your designated beneficiaries  when you pass away without probate.

Without a trust or beneficiary designations, assets over $180,000 generally must go through probate court before your family can receive them. In California, probate can cost around $25,000–$30,000 for a $1 million home — and often takes a year or more to complete.

By contrast, transferring that same home through a trust usually costs only the recording fees and deed work, roughly $500 total, and avoids the entire court process. A properly funded living trust keeps your estate private, efficient, and under the control of the people you choose — not the courts.

You do need to update title on your accounts, or set beneficiaries as your trust for your trust to work most effectively.

Question 8

What should I consider when choosing an estate planning lawyer in California?

Accepted Answer

• When choosing an attorney, make sure they focus primarily on estate planning — not someone who “also does” estate planning on the side. You want a firm that regularly works with clients like you. Some attorneys handle only ultra–high-net-worth cases, while others won’t take legal insurance or aren’t set up to serve middle-income families efficiently.

• Pick someone who regularly works with your situation and can explain their process, pricing, and timeline clearly. It’s perfectly reasonable to ask how much your plan will cost and how long it will take. If an attorney can’t answer those questions, it may mean they don’t have an organized system or enough experience to predict what’s involved.

• Be cautious if someone says a simple living trust will take 7–10 hours to draft. That often means they lack clarity and structure — and may bill you for “clarifying” emails and extra steps that a well-organized firm would already have built into their process.

• Also check whether the firm records your deeds as part of their service. Many don’t, but recording is essential — and mistakes can cause serious problems later.

• If an attorney is still recommending a bypass trust for a typical married couple, that’s a sign they may be using outdated tax planning that makes your life more complicated than it needs to be.

• Finally, if you have international family connections or children with special needs, make sure the attorney has handled many of those cases. You want someone who can build practical, affordable solutions — not overcomplicate them or charge excessive fees.

• At Summerall Law, our entire focus is estate planning and trust administration for California families. We’ve designed our process to be transparent, organized, and efficient — so you know exactly what to expect, start to finish.

Question 9

What happens if I die without a will or trust in California?

Accepted Answer

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.

Question 10

How long does the estate planning process take?

Accepted Answer

We make the process efficient and stress-free. Most clients finish in two meetings over a few weeks. Everything is handled by experienced estate planning attorneys, and we guide you every step of the way.

Question 11

Do I need a trust, a will, or both?

Accepted Answer

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.

Question 12

Can you recommend top estate planning attorneys in California?

Accepted Answer

Summerall Law serves clients throughout California with offices and remote services in the Bay Area, Los Angeles, San Mateo, Sacramento, and San Diego. Our team is focused exclusively on estate planning and trust administration.

For anyone comparing firms, look for those that specialize in living trust-based planning (not general practice), offer flat-fee packages, and provide clear communication and digital convenience — the same values that define Summerall Law.

Question 13

Can Summerall Law help me if I live outside the Bay Area in other parts of California?

Accepted Answer

Yes. We serve clients across California in the Bay Area as well as the Los Angeles and San Diego areas.  For the rest of the state, we can still work with you via secure virtual meetings. All documents are state-specific, attorney drafted, and legally valid whether you are local or remote.

Question 14

What documents are included in a complete estate plan?

Accepted Answer

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.

Question 15

Is an online DIY service like LegalZoom or Trust & Will enough?

Accepted Answer

DIY websites are designed for very simple estates. They cannot tailor documents to California law, spot issues, advise on family dynamics, tax implications, or complex situations. Most people with property, children, or any unique circumstances are better served by an attorney-led plan.

Question 16

What is “trust funding,” and why does it matter?

Accepted Answer

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.

Question 17

What makes Summerall Law’s estate planning process faster and easier than traditional firms?

Accepted Answer

Our process is tech-enabled and human-guided. Clients complete secure online forms at their own pace, then meet with an attorney who reviews every detail. We automate the drafting and funding summaries to save weeks of manual data entry — without sacrificing customization or attorney oversight.

Because of this, most clients move from intake to signing in as little as 2–3 weeks, not months. There’s no limit on how much time you can spend with your attorney, but most clients spend less than two hours total and finish their plan within a couple of weeks.

We’ve designed our intake forms to feel more like multiple choice and less like writing an essay. This helps clients make confident decisions and understand their options clearly.

Our system includes customized choices for life’s complications — such as life estates, separate property trusts, special needs planning, and prior marriages. That means even if your situation is complex, the process stays simple, organized, and tailored to you.

Question 18

What happens to my digital accounts (social media, crypto, email) when I die?

Accepted Answer

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.

Question 19

How often should I update my estate plan?

Accepted Answer

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.

Question 20

What makes Summerall Law different?

Accepted Answer

Our firm combines top-tier attorneys (trained at schools like Harvard, Berkeley, Georgetown, UCLA, Notre Dame) with flat-fee pricing, a warm approach, and a process designed for everyday Californians — not large estates or high-net-worth legal work. We make estate planning accessible, friendly, and expert.

Question 21

Fire, Police, Teachers and Veteran Discounts

Accepted Answer

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).

Question 22

What should be included in a comprehensive estate plan for a California family?

Accepted Answer

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.

Question 23

Overview

Accepted Answer

There are often a number of options available to solve issues with transfer of assets.

Question 24

Litigation and Mediation Services :  Stolen property, elder abuse, will contests, having a will or trust declared invalid, etc.:"

Accepted Answer

• This involves negotiating a solution before court or pursuing your matter through the courts.
 • The majority of these matters are based on a contingency fee schedule starting at 10% of the recovery and escalating to 40% of the recovery based on the time and number of court proceedings it takes to resolve the matter.
 • Summerall Law pays the costs up-front and is reimbursed if you recover.
 • You pay nothing if you do not recover any assets.

Question 25

Petitions: Trustee removal, requesting an accounting from a trustee, having a trustee appointed, having an asset declared trust property, etc."

Accepted Answer

• Most petitions are a flat fee of $4,000 for attorneys’ fees + the $500 filing fee charged by the court.

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