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Prove Your Love with Good Estate Planning

16th December 2009
By Julia McBride in Estate Planning
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In some television comedy shows, they have someone, typically the man of the house, who won't make a will or estate plan because he doesn't want to think about death. This might be hilarious when you see it on television; however this can be very bad in real life. A good example is John Denver's estate; he died with no will in 1997, leaving a multi-million dollar estate without a will to instruct how to pass on his estate. He left behind two ex-wives with three children to fight out the mess with a lot of attorneys in the legal system.

It is hard enough to deal with the death of a loved one without having to deal with the problems that arise between the survivors. All kinds of problems emerge when money or a fortune is involved. To make sure that the people you love get what you mean for them to have, you need a simple will. If you don't have a will, the state will decide who gets your belongings and actually who gets the children, if they are left behind without a parent and you don't have a will to establish guardianship after you are gone. Just having a discussion with your best friend, and he or she promising to raise your children with the same values you have, will be invalid. If you and your spouse die together in an accident with no will to show your selection, your children might be awarded to your spouses' crazy sister by the court.

With estate planning and for taking care of your family, you should at least have a will. In California, the next step you would take is to obtain a Revocable Living Trust, as the laws are different in every state. You are in charge of your possessions during your lifetime and designate who will be in charge of your trust when you are gone. As long as you are competent, you can change the terms of the trust at any time. The transference of your assets to your heirs can be made an easier process with a Revocable Living Trust. A will is required to go through probate court but most trusts can bypass the court system. Additionally, there are public records of probate, whereas you can keep privacy for your heirs and family with a trust.

Including managing your assets, an estate planning attorney who is competent can give you the right medical document in the event that you are incapacitated so that your desires will be followed.

If you have done all the hard work to take care of your family, you desire to continue to protect them if you die. They need something more than the types of wills that apply to everyone that can be downloaded from the Internet. If it is not done correctly, you might as well have nothing. Ask for help from an attorney who is an estate planning specialist. An expert tracks the laws as they evolve and will suggest changes to your will and trust that can set aside any legal problems for your heirs and loved ones. The contentment in your mind you have with the right estate planning could delay the need to use it.

About the Author:
When Bret Telmonti and his siblings were in need of a Los Angeles conservatorship litigation attorney to handle their mother's affairs, they found Julia C. McBride. Bret praises this los angeles trust litigation for her ability to resolves issues quickly, helping to relieve the stress that accompanies these types of estate matters.
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