Frequently Asked Questions
The answers to the following questions are provided as general information only, and not intended to create an attorney-client relationship. All clients must sign an engagement letter with our office in order to establish an attorney-client relationship.
1. Why should I go to an attorney to prepare my estate plan? Isn't it the same to do it online?
There is no substitute for sound legal advice. Estate planning is an area that is often undervalued because it is a preventative area of law. In other areas of law, attorneys are contacted when the individual is already in trouble. In estate planning, the attorney should be contacted before your estate is in distress. The truth is that the cost (in time, money, and relationships) for not preparing an estate plan properly is astounding in probate court once you pass away. Although it may seem easier and- let's face it- cheaper to prepare your will or living trust online, it is an absolute gamble.
Remember, the world-wide web is world-wide, and not state-specific. Be cautious of simple form templates and researching laws that are not applicable to you. If something seems like it's missing or too good to be true, it probably is. There is a lot to be said about having everything prepared neatly and validly because once the documents are needed to help you, you are already incapacitated or dead.
2. I had my estate plan prepared years ago, and I think it is time for a review. I do not understand any of the "legalese" in my documents. Can you help me?
Yes. We can review your documents, and pick up where you left off, by analyzing your existing plan, and helping you understand certain key areas that should be customized to your estate. Some of the things we look for are expiration dates, ambiguity in specific provisions, changes in the law, missing provisions, and areas that can lead to legal misinterpretation.
3. I think I have a botched Trust, and have very little confidence in attorneys now. What should I do?
As difficult as it is to muster up the confidence in an attorney, it would be the best thing to do to get your situation resolved as soon as possible. It would be worse to try to bandage a bad document with a homemade quick-fix. If you had an infection, you would see a doctor, so don't be afraid to see an attorney for a legal matter. It never hurts to set up a consultation to see what can be done- the solution may be easier than you think.
4. What should I look for in an estate planning attorney or estate planning service?
First of all, anyone assisting you with an estate plan should be a qualified lawyer because a non-lawyer cannot give you legal advice or explain the consequences of certain provisions in your documents. We have seen many documents gone wrong with the lack of proper advisement. Once you have found an attorney, make sure they are, in fact, qualified to practice law and have a good legal record. You can search for any California attorney with the State Bar of California at www.calbar.org. If they're not there, they are probably not a California attorney, or never were. Feel free to look us up for our clean bill of health.
5. I've seen advertisements in the newspaper for free legal seminars and cheap Trusts. What can I expect from them?
Caveat Emptor is Latin for "Let the buyer beware." It never hurts to attend a legal seminar to get an understanding what is involved in forming an estate plan. However, before you attend the seminar, you should make sure that the company that is holding it is a qualified law firm, not a trust mill or a life insurance company disguised as a law firm whose real purpose is to sell you an annuity or other financial services. In addition, you should find out if the law firm is local to you. Unfortunately, there are some traveling lawyers who only come to town for seminars, and when you need to follow up with them for advice or legal changes, they are too far for you to come into the office.
6. I have a simple estate. Can I save some money by skipping some of the documents that are included in an estate plan? I really don't think I need them.
The estate plans that we prepare are comprehensive, and intended to cover every contingency for your health care and financial management in the event that you pass away or become incapacitated. Often, people will want to skip the Powers of Attorney and Medical Directive because they think that they do not need them yet. The trouble is that once you do, it would be because you are incapacitated, and by then, it is too late to prepare them. It is our suggestion not to approach the estate planning process in a "piece meal" fashion, as it would cause great stress and possible detriment to your family and yourself later. If you already have an estate plan, we would be happy to review and analyze what may be missing to make sure that all your bases are covered.
7. Why would an attorney need my asset information? What will be done with this information?
As obvious as it sounds, estate planning involves examining your estate, just as dentistry involves examining your teeth. For our intents and purposes, we want to make sure that we are creating the right type of plan that would be suitable for your size of estate, and that all the i's are dotted and t's are crossed in terms of Federal Estate Taxes, probate, FDIC limits, and the like. All client information is confidential.
8. Does a Trust help me avoid creditors?
If it did, we would have so many more clients. A Trust keeps your estate out of probate, if properly funded. It is a probate avoidance measure and helpful in avoiding costly court fees upon your passing. It is also a way to maximize Federal Estate Tax exemptions, and passing property to your heirs with as little to pay in capital gains and property tax reassessments as possible.
9. Why don't you publish your fees online?
Your estate plan can be very different from your neighbor's for many
reasons. Our fees vary, depending upon the type of estate plan that we
need to create for you, how much time it takes us to prepare it, and
what types of requests you will make of us. For good reason, we do not
want to mislead any consumers by publishing a price list that would be
unfair to anyone. We know that many prospective clients shop around,
and we believe that our fees are extremely fair and competitive for the attention
and quality of service our clients receive, so feel free to call us for
a quote.
10. Can a notary public do my documents?
A notary public can notarize your documents, but cannot give you legal direction or advice (unless they are also a licensed California attorney). Doing so would be practicing law without a license.
11. Why should I choose the Law Offices of Kate Young?
We give direct and personal attention to every single client, and we have maintained fantastic relationships with all of our past clients. We take our work personally, and are committed to great service and communication. We gladly invite you to make an appointment for a consultation to find out why our clients love us.