North LA County Will and Trust Lawyer

Estate Planning Red Flags: A North LA County Will and Trust Lawyer Reveals Common Parental Missteps

by Estate Planning

As a North LA County Will and Trust Lawyer, I’ve seen firsthand the consequences of inadequate estate planning. Many parents, regardless of age, overlook crucial aspects of securing their family’s future. Whether you’re a new parent, think you’re too young for estate planning, or haven’t updated your documents in years, this post is for you. Let’s explore some common estate planning mistakes and how to avoid them.

“I’m Too Young for Estate Planning”

One of the biggest misconceptions I encounter as a North LA County Will and Trust Lawyer is that estate planning is only for the elderly or wealthy. Nothing could be further from the truth. If you have children, you need an estate plan – period. It’s not just about distributing assets; it’s about ensuring your children are cared for according to your wishes if something unexpected happens.

Outdated Documents: A Silent Threat

Life changes rapidly – marriages, divorces, births, and career shifts can all impact your estate plan. Yet many parents create a will or trust and then forget about it. As your Will and Trust Lawyer, I recommend reviewing your estate plan every 3-5 years or after any major life event. An outdated plan can be just as problematic as having no plan at all.

The Digital Dilemma: Forgetting Online Accounts

In our increasingly digital world, online accounts can hold significant financial and sentimental value. Many parents forget to include provisions for these digital assets in their estate plans. A comprehensive plan should address how to handle everything from social media accounts to cryptocurrency holdings.

Beneficiary Blunders: The Devil’s in the Details

Improper beneficiary designations are a common pitfall. Remember, certain assets like life insurance policies and retirement accounts pass outside of your will or trust. I’ve seen cases where outdated beneficiary designations have completely derailed a parent’s intentions. As your Will and Trust Lawyer, I can help ensure all your beneficiary designations align with your overall estate plan.

The DIY Disaster: Complex Situations Require Professional Help

In an age of online forms and DIY legal services, it’s tempting to try and create your own estate planning documents. While this might work for very simple situations, most parents’ circumstances require more nuanced planning. Blended families, children with special needs, or significant assets are just a few scenarios where professional guidance from a North LA County Will and Trust Lawyer is crucial.

Guardianship Oversights: Who Will Care for Your Children?

Perhaps the most critical element of estate planning for parents is naming a guardian for minor children. Yet many parents put this off, finding it too difficult to contemplate or assuming family members will step in. Without clear guardianship designations, your children’s future could be decided by a court rather than your wishes.

The Solution: Comprehensive, Professional Estate Planning

These common mistakes underscore the importance of working with an experienced North LA County Will and Trust Lawyer. We can help you navigate the complexities of estate planning, ensuring that your plan is comprehensive, up-to-date, and truly reflects your wishes for your family’s future.

Don’t leave your family’s security to chance. Our team is here to help you create a robust estate plan that addresses all these potential pitfalls. Contact our office today at 818-334-2805 to schedule a consultation. Let’s work together to create a plan that gives you peace of mind and protects what matters most – your family.

North LA County guardianship lawyers

North LA County Guardianship Lawyers Answer: Will My Ex Get My Children if I Pass Away?

by Estate Planning

North LA County guardianship lawyers are asked this question nearly every day! The answer is…maybe. Before you begin to worry, let us explain.

When nonmarried parents have a formal custody agreement and one party passes away, that custody agreement is no longer valid. In most cases, the child’s permanent custody would revert to the surviving parent.

What If the Surviving Parent is “Unfit?”

If there are concerns about the fitness of a surviving parent, the State of California has a provision where a third party can step in and apply for guardianship of a minor child. For example, a grandparent may be compelled to apply for guardianship if they feel the surviving parent is not capable of raising the child(ren). Unfortunately, in these circumstances, the burden of proof is on the grandparent (or other petitioner). The third-party would have to prove in court that the surviving parent is unfit, which could result in an expensive and lengthy custody battle.

You Can Still Have a Say

As a parent, you can also take steps to make your wishes for your children known in your will.  If you believe that your ex is unfit or unable to care for your children in your absence, you can use your estate plan to spell out your concerns and offer up alternative choices for guardians.  After your passing, a judge will be given the opportunity to review your wishes and ultimately decide if choosing a guardian other than the biological parent would be in the child’s best interest.

What if parental rights were terminated?

If the surviving parent has previously had their parental rights terminated, they will not be considered for guardianship of the child(ren) after the death of the other parent. In these cases, it is extremely important for the parent who retains rights to have an estate plan that spells out exactly who should raise the child and what resources are to be used to do so if something happens to mom or dad.

Get Informed to Be Empowered

While guardianship questions are rarely black and white, the solution in almost all instances is to create an estate plan. There is nothing more important in life than protecting our children’s future, and a straightforward estate plan can give you the peace of mind that your child will be protected no matter what!

If you have questions or you are ready to get started with creating legal documents to protect your family, please contact our North LA County guardianship lawyers at 818-334-2805 to schedule an appointment.