At the Law Offices of Robert P. Bergman, we provide personalized estate planning services to residents of Lake Forest, California and the surrounding Orange County communities. Our approach centers on understanding your family dynamics, financial situation, and long-term wishes so we can design a durable plan that protects assets and supports loved ones. Whether you need a revocable living trust, a last will and testament, powers of attorney, or specialized trusts for retirement and special needs, we help you navigate decisions calmly and clearly. Call 408-528-2827 to discuss your circumstances and begin protecting what matters most.
Estate planning is a combination of legal documents, practical strategies, and careful administration to ensure your wishes are honored and your family is provided for. In California, specific forms like advance health care directives, HIPAA authorizations, and pour-over wills play important roles in managing health decisions and asset transfers. Our firm helps clients create cohesive plans that reduce uncertainty and minimize potential disputes after incapacity or death. We focus on clear communication and pragmatic solutions, helping clients feel confident in decisions about guardianship nominations, irrevocable life insurance trusts, and other tools suited to their household and financial needs.
A thoughtfully prepared estate plan offers peace of mind by clarifying your intentions for property, health care, and guardianship decisions. For Lake Forest families, clear plans can prevent confusion and reduce the emotional and financial burden on survivors. Documents like a revocable living trust and pour-over will can streamline the transfer of assets, while powers of attorney ensure financial affairs continue to be managed without court intervention. Special arrangements such as special needs trusts or pet trusts provide tailored protection for unique family members. Overall, a comprehensive plan helps preserve family relationships, protect inheritances, and maintain continuity when life circumstances change.
The Law Offices of Robert P. Bergman serves clients across California with a focus on estate planning solutions that match each family’s values and circumstances. Based in San Jose and serving Lake Forest and Orange County, our practice offers guidance on wills, trusts, powers of attorney, and health care directives. We assist clients with trust funding, trust-related petitions, and documents like certification of trust and general assignment of assets to trust. Our approach emphasizes clear explanations, responsive communication, and practical planning so clients can make informed choices that reflect their priorities and protect their loved ones for the long term.
Estate planning is the process of arranging the management and distribution of your assets during life and at death, along with preparing for potential incapacity. Key instruments include revocable living trusts to avoid probate, last wills and testaments to name guardians and distribute residual assets, financial powers of attorney for financial decision making, and advance health care directives for medical choices. Additional tools such as irrevocable life insurance trusts and retirement plan trusts address tax and beneficiary concerns. Thoughtful estate planning considers family needs, asset protection, and the practicalities of administering documents in compliance with California law.
Implementing an estate plan involves drafting documents tailored to your goals and then taking steps to fund and maintain those arrangements. Funding a trust typically means re-titling real estate, bank accounts, and investment accounts into the trust name, and preparing pour-over wills for assets not moved into trust during life. Guardianship nominations ensure minor children have designated caregivers, while documents like HIPAA authorizations allow appointed agents to access necessary medical information. Regular reviews and updates keep plans aligned with life events, such as marriage, divorce, new children, or changes in financial circumstance.
A revocable living trust is a legal arrangement that holds assets under a trustee for the benefit of named beneficiaries while you are alive and after your death, allowing for private administration and avoiding probate in many circumstances. A last will and testament designates personal representatives and guardians and can operate alongside a trust as a safety net. Powers of attorney authorize someone to act on your behalf for financial matters, and advance health care directives allow a chosen decision maker to address medical care when you cannot. Each document serves a distinct purpose and together they form a practical strategy for managing estate transitions.
A complete estate plan generally includes documents that cover property transfer, incapacity planning, and administrative procedures after death. Typical elements are trust agreements, pour-over wills, powers of attorney, advance health care directives, HIPAA authorizations, and beneficiary designations for retirement plans and life insurance. The process usually begins with an information-gathering meeting to identify goals and assets, followed by document drafting, execution in accordance with California law, and assistance with funding trusts and updating account beneficiaries. Ongoing maintenance and periodic review ensure the plan continues to reflect current wishes and legal requirements.
Understanding common estate planning terms helps you make informed choices about which documents you need and how they interrelate. Terms like probate, trustee, beneficiary, durable power of attorney, advance health care directive, pour-over will, and trust funding have specific legal implications. Knowing these definitions can clarify why certain documents may be suggested for your family and how they influence administration and asset transfer. Clear communication about terms and options allows you to select the right combination of tools to manage health care decisions, financial authority, asset transfer, and long-term protection for heirs and dependents.
A revocable living trust is a flexible estate planning vehicle that allows the creator to serve as trustee during life and make changes as circumstances evolve. It commonly reduces the need for probate administration after death by allowing assets held in the trust to pass directly to beneficiaries according to the trust terms. The trust document names a successor trustee to manage and distribute assets upon incapacity or death, and it can include provisions for disabled beneficiaries, minors, or ongoing support arrangements. Funding and document accuracy are important to realize the intended benefits of a trust.
An advance health care directive documents your health care preferences and designates an agent to make medical decisions on your behalf if you are unable to communicate. This directive can address treatment preferences, life-sustaining measures, and comfort care priorities, and it works together with a HIPAA authorization to allow your chosen agent to access medical records. Clear advance directives reduce uncertainty for families and medical providers and ensure that decisions align with your values and wishes. Regular review of medical directives helps keep them consistent with changing preferences and health conditions.
A last will and testament is the document that names an executor to administer your estate, directs the distribution of property not held in trust, and can designate guardians for minor children. Wills typically work together with trusts to capture any assets not transferred into a trust during lifetime and to provide instructions for unpaid taxes and final expenses. In California, wills must satisfy specific formalities to be valid, and individuals often use pour-over wills to direct remaining assets into a trust for unified administration and distribution under trust terms.
A durable financial power of attorney authorizes a chosen agent to manage financial affairs, pay bills, access accounts, and make investment or tax decisions if you become incapacitated. The document is durable when it remains effective during incapacity, providing continuity in financial management without court-appointed guardianship. Choosing a trustworthy agent and defining the scope of authority helps ensure financial matters are handled according to your preferences. Regular updates may be needed to reflect changes in relationships, financial holdings, or your comfort with an appointed agent.
When selecting an estate planning approach, individuals weigh the benefits of targeted documents against a full, cohesive plan. A limited approach might include only a will and basic powers of attorney, offering a straightforward and lower-cost path for simple estates. A comprehensive approach combines trusts, wills, powers of attorney, and health directives to address probate avoidance, incapacity planning, and tailored beneficiary arrangements. Considerations include asset complexity, family dynamics, potential tax exposure, and the desire for privacy. We help clients review options so they can choose a plan aligned with both practical needs and long-term goals.
A limited estate planning approach can be appropriate for individuals or couples with straightforward finances, few assets, and clear beneficiary designations on retirement accounts and life insurance policies. If real estate holdings are minimal and there are no family complexities or dependent beneficiaries requiring trusts, a last will and simple powers of attorney may provide adequate direction. This choice typically reduces upfront legal costs while still covering basic needs like guardianship nominations and end-of-life treatment preferences. Annual reviews help confirm that the limited plan remains appropriate as life circumstances evolve.
Clients sometimes choose a focused plan when immediate priorities include naming beneficiaries, arranging for temporary guardianship, and documenting medical and financial decision-makers without implementing trusts. For individuals who plan to build more complex arrangements later, this approach provides essential protections now while deferring additional work. It is suitable for those who want clear instructions and representation in case of incapacity or death, but who do not yet require probate avoidance strategies or trust-based management for minor or vulnerable beneficiaries. Ongoing monitoring ensures the plan can expand when appropriate.
Comprehensive planning is advisable when clients hold a variety of assets such as multiple real estate properties, business interests, or significant retirement accounts that require coordinated beneficiary designations and tax awareness. Integrated plans use trusts, beneficiary designations, and specialized documents like irrevocable life insurance trusts to manage potential tax implications and preserve wealth for future generations. For families with blended relationships, minor children, or beneficiaries with special needs, a cohesive plan reduces the risk of disputes and clarifies distribution mechanisms, making implementation smoother when it matters most.
When planning for long-term care, potential incapacity, or multi-stage distributions to beneficiaries, a comprehensive approach provides durable mechanisms to manage assets over time. Trusts allow ongoing management under clearly defined terms, and durable powers of attorney and advance directives ensure continuity in financial and medical decision-making. Comprehensive plans can include provisions for successor trustees, spendthrift protections, and pet or special needs trusts to maintain care without disruption. Regular plan maintenance helps keep these protections aligned with changing laws and personal circumstances.
A comprehensive estate plan provides clarity, privacy, and streamlined administration by coordinating multiple documents and account designations under a single strategy. Trusts help avoid probate, allowing faster access to assets for beneficiaries and reducing public court involvement. Durable powers of attorney and advance health care directives reduce the need for court-supervised conservatorship in the event of incapacity. Carefully drafted plans can also address tax efficiency and protect benefits for vulnerable family members. Together, these elements promote continuity and reduce emotional stress for those asked to carry out your wishes during difficult times.
Comprehensive planning also improves flexibility to adapt to life changes, such as new children, changes in marital status, or evolving financial circumstances. With proactive planning, beneficiaries are more likely to receive intended benefits in a timely manner, and trustees or agents have clear guidance for decision-making. The coordinated approach simplifies communication with financial institutions and health providers and helps preserve family relationships by minimizing ambiguity. Periodic reviews ensure the plan remains consistent with current goals, legal changes, and best practices for long-term stewardship of assets and care decisions.
One significant benefit of a comprehensive approach is privacy, because assets held in trust typically pass outside of probate, avoiding public court records and keeping family matters confidential. This also enables faster transfer of assets to beneficiaries, reducing delays and administrative burdens that often accompany probate proceedings. Trustees can follow trust terms to distribute assets efficiently without court oversight, which can save time and reduce emotional strain for families managing a loved one’s estate. Effective funding of a trust and clear beneficiary designations contribute directly to a smoother transition.
A comprehensive estate plan ensures that trusted individuals are authorized to manage finances and make medical decisions if you become incapacitated, preventing court involvement and providing continuity in care and financial management. Documents like durable powers of attorney and advance health care directives designate decision makers and outline preferences, which helps family members and providers act in accordance with your wishes. Trust provisions can also determine how assets are managed for your benefit or for the benefit of others, providing a consistent path forward during difficult circumstances when decisive action is required.
Begin your planning by compiling a comprehensive inventory of accounts, real estate, insurance policies, retirement plans, and business interests. Include account numbers, title information, and current beneficiary designations so the plan can be drafted accurately and funding actions can be prioritized. A thorough inventory reduces the risk of unintentionally leaving assets outside a trust or failing to update beneficiary designations, which can undermine the overall plan. Keeping this information organized and accessible streamlines the planning process and helps ensure your intentions are carried out efficiently.
Include durable powers of attorney and advance health care directives as integral parts of your plan so that financial and medical decisions can be managed without court involvement. Designating trusted agents with written instructions prevents delays in accessing funds for care or making medical decisions when you cannot act for yourself. Ensure agents know where important documents are stored and understand your general preferences. Periodic conversations with chosen agents help prepare them to act and reduce uncertainty, so your affairs can be managed consistently with your priorities during times of illness or incapacity.
Professional guidance can be valuable when you want a durable plan that handles property transfer, incapacity, and long-term administration with minimal disruption. For families in Lake Forest with real estate, retirement accounts, business interests, or dependents requiring special care, a tailored plan helps ensure that assets are managed and distributed according to your wishes. Assistance is also helpful when changing laws or tax rules could affect your plan, as a careful review and updates can protect intended outcomes. A clear, well-documented plan reduces the burden on loved ones and facilitates orderly administration when a transition occurs.
Engaging professional help can save time and avoid mistakes that lead to unintended results, such as assets passing through probate or beneficiary designations that conflict with written wishes. A thoughtfully prepared plan addresses immediate needs like guardianship nominations and healthcare decisions, while also establishing mechanisms to manage assets for future contingencies. Whether the goal is probate avoidance, support for a dependent with special needs, or efficient transfer of wealth to heirs, practical planning protects your family and preserves more of the estate for those you intend to benefit.
People seek estate planning when they experience life events that change responsibilities or financial complexity, such as marriage, divorce, birth of a child, acquisition of real estate, retirement, or starting a business. Other catalysts include planning for long-term care, protecting a beneficiary with special needs, preparing for second marriages, or minimizing probate exposure. Planning also becomes important when parents or grandparents want to provide clear directives for caretakers and inheritance. Addressing these situations proactively ensures arrangements reflect current family dynamics and financial priorities.
For new parents, naming guardians and setting up trusts for minor children are top priorities to ensure children are cared for and assets are managed for their support. Guardianship nominations allow you to designate who will raise your children if you cannot, while trusts can hold assets until children reach an age you choose, preventing premature distribution. Clear instructions help reduce disputes and ensure that funds are used for education, healthcare, and general support. Establishing these provisions early provides parents peace of mind as their family grows and circumstances evolve.
Owners of real estate or business interests benefit from planning that coordinates ownership transfer, succession, and tax considerations to prevent fragmentation of assets and minimize delays. Trust structures can facilitate seamless transitions of property titles, and well-drafted provisions can guide successors in managing or selling business assets if desired. Planning early also allows time to restructure ownership, update titles, and implement agreements that support continuity for business operations and property management while protecting family interests and financial security.
Families with a member who has special needs often need trust arrangements that preserve eligibility for government benefits while providing supplemental support. Special needs trusts allow funds to be used for quality-of-life enhancements without displacing public benefits. Planning for long-term care and potential incapacity includes durable powers of attorney and advance directives to keep decision-making in trusted hands and to prepare for medical or financial transitions. Thoughtful arrangements help safeguard both immediate needs and long-term care considerations for vulnerable loved ones.
We serve Lake Forest residents with a full range of estate planning documents and guidance to protect families and manage transitions. Our services include drafting revocable living trusts, wills, powers of attorney, advance health care directives, HIPAA authorizations, and various trust vehicles such as irrevocable life insurance trusts, retirement plan trusts, special needs trusts, and pet trusts. We also assist with trust administration tasks like certification of trust, Heggstad petitions, and trust modification petitions. Our goal is to provide clear, practical solutions that address each client’s unique needs and support long-term family stability.
Clients work with the Law Offices of Robert P. Bergman because we focus on creating practical estate plans that reflect personal values and family priorities. We take time to listen, explain options in plain language, and design documents that align with both short-term concerns and long-term goals. Our work includes preparing standard documents like pour-over wills and certification of trust, as well as customized arrangements like irrevocable life insurance trusts and retirement plan trusts. We aim to reduce uncertainty and help clients feel confident their plans will function as intended when needed.
Our firm assists with the important but sometimes overlooked steps that make plans effective, such as trust funding, beneficiary reviews, and coordination of account titles. We also help clients understand potential legal and practical consequences of different options so they can make informed choices. Whether preparing documents for immediate needs or designing a plan that will work smoothly over many years, we provide clear guidance and follow-through to help families achieve reliable, practical protection for their assets and loved ones.
We are available to answer questions by phone and to provide thoughtful, personalized service through each stage of planning and implementation. From initial review to document execution and post-signing assistance, we emphasize thoroughness and communication. Our services extend to trust-related petitions, trust modification, and assistance with administering trusts when the time comes. We help clients anticipate common issues and provide pragmatic solutions that reduce administrative delays and help preserve more of the estate for the people it is intended to benefit.
Our process begins with an in-depth consultation to gather information about family relationships, assets, goals, and concerns. We explain the available options and recommend a plan structure that aligns with your priorities, then prepare draft documents for review and revision. Once documents are finalized, we guide you through proper execution, advise on funding trusts and updating account beneficiaries, and provide copies and storage recommendations. Follow-up review sessions help keep plans current with life changes and legal developments, ensuring your arrangements operate smoothly over time.
The initial meeting focuses on understanding your objectives, family circumstances, and the composition of your assets so we can recommend appropriate planning tools. We discuss wishes for guardianship, healthcare decisions, asset distribution preferences, and any concerns about taxes or creditor protection. This step allows us to prioritize actions that will most effectively meet your needs and to identify documents and trust structures that will support long-term goals. Clear communication during this stage ensures the resulting plan aligns with your values and practical expectations.
We request pertinent documents and account information to evaluate current arrangements and identify gaps. This includes deeds, account statements, insurance policies, retirement plan beneficiary designations, and any existing wills or trust documents. Reviewing these materials helps determine what needs updating, which assets should be retitled, and whether additional agreements like irrevocable life insurance trusts or retirement plan trusts are beneficial. Complete information enables accurate drafting and avoids surprises during later stages of the planning process.
Based on the initial information, we present a planning roadmap with recommended documents, timelines for implementation, and steps for funding trusts or updating beneficiary designations. We explain the reasons for each recommendation and how the elements work together to address incapacity, asset transfer, and long-term administration. This collaborative planning phase allows you to provide feedback, prioritize options, and make informed decisions about the structure and provisions that best reflect your intentions and family needs.
During the drafting phase we prepare clear, legally compliant documents tailored to your goals. Drafts are provided for review and we discuss any revisions or clarifications. This step includes preparing trust agreements, wills, powers of attorney, advance health care directives, HIPAA authorizations, and other necessary documents such as certification of trust or general assignment of assets to trust. Our goal is to ensure every document is understandable, reflects your wishes, and is ready for proper execution according to California requirements.
We walk through draft documents with you to confirm that each provision aligns with your intentions and to answer any questions about administration, successor appointments, or distribution timing. This collaborative review helps prevent misunderstandings and ensures the plan is workable for appointed fiduciaries. Where adjustments are needed to address unique family circumstances, we implement changes and provide guidance on potential implications. Our objective is to produce documents that are both legally effective and practically implementable by those you appoint.
Once drafts are approved, we supervise proper execution, including signing formalities, notarization, and witness requirements as dictated by California law. We provide instructions for safe storage and deliver copies to you and any designated fiduciaries as appropriate. Additionally, we offer guidance on the steps necessary to fund a trust, update account titles and beneficiary designations, and coordinate with financial institutions. Proper execution and follow-through are essential to ensure the plan functions as intended when it becomes necessary to implement it.
After documents are executed, we assist with practical follow-up tasks such as trust funding, beneficiary updates, and providing copies for safe-keeping. We recommend periodic reviews to reflect changes in family structure, assets, or law, and we are available to advise on trust administration matters when a trustee must act. Ongoing maintenance keeps the plan effective and reduces the risk of unintended results from outdated documents or account designations. Proactive care of your plan preserves its intended benefits for years to come.
We provide step-by-step guidance to fund trusts by re-titling assets, updating account registrations, and preparing transfers so that the trust operates as intended. This usually involves coordinating with banks, title companies, and retirement plan administrators, and addressing any issues that arise during transfer. Proper funding is essential to avoid leaving assets subject to probate or inconsistent distribution. Our assistance ensures that the trust holds the intended assets and that beneficiary designations and account titles match the overall estate plan.
Life changes and legal developments can affect the effectiveness of an estate plan, so we recommend regular reviews to update documents, beneficiary designations, and trust provisions. Events such as marriage, divorce, births, changes in assets, or shifts in tax law may warrant adjustments to ensure the plan remains aligned with current goals. Periodic check-ins allow us to make necessary revisions, confirm fiduciary appointments remain appropriate, and preserve the overall integrity of the plan for the benefit of your family and intended beneficiaries.
A basic estate plan commonly includes a last will and testament, a revocable living trust when appropriate for probate avoidance, a durable financial power of attorney, and an advance health care directive. These documents collectively address property distribution, management of finances if you are incapacitated, and medical decisions. Additional items such as HIPAA authorizations and beneficiary designation reviews help ensure medical and financial access for appointed agents and that retirement accounts and insurance proceeds pass as intended. The precise documents you need depend on your circumstances, including the size and type of assets, family structure, and goals for privacy and administration. For many households, combining a trust with pour-over wills and powers of attorney provides flexible, practical protection. We can review your situation to recommend the right set of documents and help implement them effectively, including trust funding and beneficiary alignment.
A revocable living trust and a will serve different functions and often complement one another. A trust holds assets under written terms for management and distribution, and assets held in trust generally avoid probate court administration, which can save time and maintain privacy. A will is a public document used to appoint an executor, name guardians for minor children, and address assets not placed into a trust. For these reasons, many people use trusts for asset management and wills as a safety net. Choosing between these tools depends on your goals for privacy, ease of administration, and the complexity of your holdings. Trusts are particularly useful when avoiding probate, managing assets for beneficiaries over time, or when coordinated administration is needed. Wills remain important for appointing guardians and capturing property not transferred to a trust, and pour-over wills can funnel remaining assets into an existing trust.
You should update your estate plan whenever major life events occur, such as marriage, divorce, births, deaths, or significant changes in financial circumstances. Changes in tax laws or California regulations may also prompt a review to make sure your documents remain effective and aligned with your goals. Regular check-ins every few years help ensure beneficiary designations, account titles, and trust provisions continue to reflect current wishes and family dynamics. Timely updates prevent unintended outcomes, like leaving assets to a former spouse or failing to provide for new heirs. Updating documents also allows you to replace fiduciaries who are no longer appropriate or to revise distributions to account for changed relationships. Proactive maintenance keeps plans workable and aligned with present intentions, reducing strain for those who will administer your estate.
To protect a beneficiary with special needs, many families use a special needs trust that holds assets for the beneficiary without disqualifying eligibility for government benefits. These trusts can pay for supplemental needs like therapies, education, and quality-of-life improvements while preserving access to benefits such as Medi-Cal or Supplemental Security Income. Proper drafting and funding are essential to avoid unintended consequences and to coordinate with public benefit rules. Special needs planning also involves naming trustees or fiduciaries who understand benefit rules and have guidance on discretionary distributions. Ongoing review helps align trust provisions with evolving needs and legal considerations. Working with counsel experienced in these arrangements ensures the trust language and funding strategies protect benefits while enhancing the beneficiary’s support and quality of life.
Funding a trust involves transferring ownership of assets from your individual name into the name of the trust, which may include re-titling real property, updating bank and investment account registrations, and changing beneficiary designations where appropriate. For some assets, like retirement accounts, planning may involve designating the trust as a beneficiary or coordinating with plan administrators to ensure proper transfer. Successful funding prevents assets from unintentionally remaining outside the trust and subject to probate. The funding process can require coordinating with financial institutions, title companies, and plan administrators to complete paperwork and confirm account registrations. We provide step-by-step guidance to ensure each transfer is completed properly, explain potential tax considerations, and follow up to confirm that account titles and beneficiary designations align with the overall estate plan for seamless administration when needed.
Yes, most estate planning documents can be changed. Revocable living trusts can be amended or revoked during the grantor’s lifetime, and wills can be updated through codicils or by drafting a new will. Powers of attorney and health care directives are typically replaced by executing new documents that expressly revoke prior versions. It is important to follow proper execution requirements in California for any changes to be effective and to notify relevant parties of updates. While many documents are amendable during life, some arrangements such as certain irrevocable trusts have limited flexibility. For these, modifications may require judicial approval or careful legal steps. Periodic reviews and clear documentation help ensure changes are implemented correctly and that the current documents reflect your most recent intentions and circumstances.
An advance health care directive and a HIPAA authorization serve complementary purposes: the advance directive records your wishes for medical treatment and names an agent to make decisions if you are unable to do so, while a HIPAA authorization allows that agent to access protected health information. Together they enable your appointed decision maker to obtain the medical records and information needed to act in accordance with your preferences and to communicate effectively with healthcare providers. Without both documents, family members may face delays or legal limitations when seeking medical information or advocating for your treatment. Preparing an advance directive and HIPAA authorization in tandem streamlines communication with providers and reduces uncertainty about care decisions, ensuring that your medical preferences can be followed consistently when you cannot speak for yourself.
Estate planning fees are often structured based on the complexity of the plan and the documents required. Simple plans with a will and basic powers of attorney may incur lower flat fees, while comprehensive plans involving trusts, trust funding assistance, and specialized trust vehicles may involve higher flat fees or phased billing depending on the scope. Some firms offer bundled packages for trust-based plans that include drafting and execution, with additional charges for funding assistance or post-signing tasks. Transparency about fees and the services included is important when planning. We discuss fee structure up front, outline what is included in each phase, and provide estimates for additional services like trust funding, petitions, or modifications. This helps clients make informed decisions about the level of planning that matches their needs and budget.
A pour-over will works with a revocable living trust to ensure any assets not formally transferred into the trust during lifetime are directed into the trust upon death. This serves as a safety net to capture stray assets and simplify administration under the trust’s terms. While assets under the trust avoid probate, the pour-over will may still be subject to probate for any property it governs until the assets are transferred to the trust through the estate process. Many clients use pour-over wills to ensure the trust ultimately controls distribution of all assets and to provide a clear fallback mechanism. Proper trust funding reduces reliance on the pour-over will, but having this document adds an extra layer of protection to capture unintended or newly discovered assets after death, maintaining consistency with your overall estate plan.
Naming guardians for minor children in a will allows you to express your preferences for who should care for your children should both parents be unable to do so. The chosen guardian is the person you trust to raise your children, and the court typically gives significant weight to the parents’ selection when making a guardianship appointment. Including a successor guardian designation helps prepare for multiple eventualities and provides clarity to the court and family. A will can also include provisions for how assets intended for minor children should be managed, such as directing funds into a trust for their support and education. Combining guardianship nominations with trust arrangements helps ensure that appointed caregivers have access to resources necessary for the children’s wellbeing and that guardians are supported in their caregiving responsibilities without undue financial strain.
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