Camarillo Estate Law And Real Estate Law Blog

Most people do not like contemplating their passing, especially after tragic circumstances. But estate planning is a crucial aspect of aging. However, there are documents in estate plans that affect your life right now, including a living will.

A living will is a legal document that specifies detailed instructions if you need medical treatments but cannot make advocate your decision. There are three specific situations where a living will is necessary.

One important part of the estate planning process in California is determining what you leave to your children. Because an estate plan is hopefully created long before you die, situations may change with your beneficiaries and you may need to update your will. For example, if you have a child that you want to disinherit, this is a big step and one you should consider carefully, but it can be done if you determine that is the best thing to do.

If your child's behavior is frustrating you, you do not want to use the inheritance to change the behavior. For example, some parents do not want to leave large amounts of money to kids who have substance abuse problems or who spend irresponsibly. Threatening to withhold their inheritance is an almost guaranteed way to create friction and tension in your family, and not a great way to change the child's behavior.

As the initial sadness that often accompanies the death of a loved one begins to abate, new concerns may rise up amongst you and others impacted by their loss. One of them may be the distribution of their estate. Such concerns can easily be resolved provided that your family member or friend left behind a trust or will detailing their wishes, yet what if they did not? In such a case, it is said that they died "intestate." The state has established guidelines that specifically deal with intestate succession. 

These guidelines can be found in Section 6401 of the California Probate Code. Here, it stipulates that if you are the spouse of the decedent, then you are automatically entitled to one-half of your spouse's share of your community and quasi-community property. As to the separate property belonging to your spouse, you would be entitled its entirety if your spouse has no living descendants or immediate family members. Your portion would be reduced to one-half if your spouse left behind a single descendant or was survived by their parents. Your share would be one-third of the separate property in any of the following scenarios: 

• Your spouse is survived by multiple children
• Your spouse is survived by one child and the children of one more deceased children
• Your spouse is survived by the children of two or more deceased children

Your estate plan should not be static because your life is always changing. You may have put great care into the initial formation of your plan, but if you have not recently reviewed it, your plan is probably outdated.

Some people get into a routine of reviewing their estate plans every year or two. This can be beneficial because laws are frequently changing. As laws change, your estate planning strategy may also change to help you make the most of your estate plan.