Legal Question in Wills and Trusts in California

I could really use you expertise. I am 65 & widowed & I am very confused what forms I need, example, living will, last will & testament & durable power of attorney are there any others?


Asked on 7/01/15, 2:47 pm

3 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley

You should meet with an estate planning attorney to discuss your specific assets, needs and distribution desires as all those factors will determine what type of an estate plan you need.

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Answered on 7/01/15, 2:55 pm
William Christian Rodi Pollock

I agree with Jennifer. Estate planning is not a process of just filling out forms. You need to make comprehensive decisions about where you want property to go at your death (and alternates if the first parties are deceased), who is to serve as your agent or trustee if you are incapacitated, who is to manage your estate after your death to comply with all the legal requirements, how your assets should be titled to accomplish your goals, whether a probate is needed or can be avoided by your planning tools and many ther desisions. This will also require that you consider any pension or qualified benefit plans where you are a participant. Are there any children or other beneficiaries who should have property held for them in trust because they are minors, or have adiction of disabilitiy problems. A good estate planning attorney will ask these questions and help you develop the proper forms and select the proper tools to accomplish your goals.

THese are complex issues and probably not a "do it yourself" process for most. If you insist on avoiding attorney's, try some of the do it yourself books at Amazon or Nolo Press. There are some circumstances where filling the blanks may work, and are better than nothing if your estate is simple and you have educated yourself. See, for example the California Statutory Will ( which can be found at the State Bar Web Site. Those are the exceptions, however ,rather than the rule.

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Answered on 7/01/15, 3:16 pm
Michele Cusack Pollak & Cusack

Exactly. What you need is a lawyer.

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Answered on 7/01/15, 5:37 pm


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