At the Law Offices of Robert P. Bergman we focus on creating clear, effective estate plans for individuals and families in Roseville and across California. Our approach centers on preparing documents such as revocable living trusts, last wills and testaments, financial powers of attorney, advance health care directives, and related instruments like pour-over wills and trust certifications. Every plan is designed to reflect your family relationships, property ownership, retirement accounts, and health care wishes. We invite you to call 408-528-2827 to discuss how a thoughtful estate plan can help your loved ones avoid unnecessary delay and confusion when the time comes.
Beginning an estate plan can feel overwhelming, but a structured process helps you make sound decisions and document your intentions clearly. We explain the differences between trusts and wills, how powers of attorney work, and why documents such as HIPAA authorizations and guardianship nominations matter for families with minor or dependent children. Our aim is to prepare durable documents that work for your circumstances now and can be updated as life changes, including marriage, divorce, new children, retirement, or changes in asset ownership. Regular review ensures your plan continues to reflect your priorities and legal changes that may affect it.
Estate planning is about protecting your family’s future and making sure your wishes are carried out with minimal friction. A well-crafted plan reduces the likelihood of probate, clarifies beneficiaries for retirement accounts and life insurance, and appoints decision-makers to handle financial and medical matters if you cannot. Special tools can provide for minor children, dependents with disabilities, and even pets, while directing how retirement assets pass and how life insurance is used. Thoughtful planning also helps minimize disputes among heirs and provides peace of mind that arrangements are documented, accessible, and aligned with current laws in California.
The Law Offices of Robert P. Bergman has provided estate planning services to individuals and families throughout California with a focus on practical, responsive client service. Our firm assists clients in drafting revocable living trusts, wills, financial powers of attorney, advance health care directives, and related trust documents. We strive to understand each client’s personal, financial, and family circumstances before recommending documents and strategies. Our goal is clear communication, careful drafting, and helping clients take the steps necessary to protect their assets and make their wishes known, offering support at every stage of the planning process.
Estate planning encompasses a set of legal documents and decisions that organize how your assets are managed and distributed, who will make financial and medical decisions for you if needed, and how care for dependents will be handled. Typical documents include a revocable living trust to manage and distribute assets, a last will and testament for personal wishes and guardianship appointments, a financial power of attorney for finances, and an advance health care directive for medical decision-making. Additional instruments such as pour-over wills, trust certifications, and HIPAA authorizations are often part of a cohesive plan to make transitions smoother for those you leave behind.
The planning process begins with a review of your assets, family relationships, and goals, then moves to document drafting, signing, and, when appropriate, transferring assets into a trust. Funding a trust and keeping beneficiary designations current are important tasks to ensure documents work as intended. You should also consider taxes, creditor protection, and any beneficiary needs such as a special needs trust. Regular reviews after major life changes help keep the plan effective. Clear communication with family and appointed decision-makers reduces misunderstandings and eases implementation when it becomes necessary.
Several core documents form the backbone of most estate plans. A revocable living trust holds title to assets for management during life and distribution after death, often avoiding probate. A last will and testament sets final wishes and appoints guardians for minor children, and it may work alongside a trust as a safety net. A financial power of attorney authorizes someone to act on your behalf for financial matters if you cannot. An advance health care directive names someone to make medical decisions and records your treatment preferences. Understanding each document’s role helps you choose a plan tailored to your needs.
An effective estate plan typically involves identifying assets, naming beneficiaries and fiduciaries, drafting the necessary documents, and then carrying out the administrative steps required to put the plan into effect. That can mean funding a trust by retitling accounts or updating beneficiary designations on retirement plans and life insurance policies. Other steps include preparing guardianship nominations for minor children, creating HIPAA authorizations to allow access to medical information, and drafting certifications of trust when institutions request proof of trust terms. Regular reviews and updates keep the plan aligned with current circumstances and changes in the law.
Below are short explanations of terms frequently encountered when preparing an estate plan in California. Familiarity with these terms helps you make informed choices about the documents and people you designate. You will see terms related to trusts and wills, documents for financial and health care decision-making, and specialized instruments for addressing retirement accounts, life insurance, and beneficiary arrangements. If a term is unclear, our office can explain how it applies to your circumstances and how it fits into a comprehensive plan designed to meet your goals and protect your family.
A revocable living trust is a legal arrangement that holds title to certain assets and allows you to continue managing those assets during your lifetime. You can change or revoke the trust while you are alive, and the trust provides instructions for managing and distributing assets at incapacity or death. Funding the trust typically involves transferring ownership of property, accounts, or other assets into the trust’s name. The trust can simplify the transition of assets to beneficiaries and may reduce the need for probate, making distribution smoother and more private for your heirs.
A pour-over will functions alongside a living trust to catch any assets that were not transferred into the trust during life. It directs that those assets be transferred, or poured over, into the trust at death so the trust’s distribution instructions apply. The pour-over will also includes other standard will provisions such as appointing an executor and naming guardians for minor children. While a pour-over will does not avoid probate for assets it covers, it helps ensure that all of a decedent’s assets ultimately follow the plan set out in the trust.
A last will and testament is a document that states your wishes for distribution of any assets not held in a trust, names an administrator or executor to carry out those wishes, and can appoint guardians for minor children. Wills become effective upon death and may require probate to transfer assets to beneficiaries. Many estate plans use a will in conjunction with a trust to ensure that any assets outside the trust are still directed to the appropriate recipient and that guardianship decisions are clearly documented for the court if that becomes necessary.
A financial power of attorney is a legal document that appoints someone to manage your financial affairs if you are unable to do so. The appointed agent can pay bills, manage investments, file taxes, and perform other financial tasks within the scope you define. The document can take effect immediately or upon incapacity, depending on how it is drafted. Choosing a trustworthy agent and tailoring the authority granted are important decisions to ensure your financial matters are handled according to your preferences when you cannot act for yourself.
When considering estate planning options, you may weigh a limited plan that addresses only immediate needs against a comprehensive plan designed to cover a wider set of scenarios. A limited approach might address a single concern, such as drafting a will or naming a power of attorney, and can be appropriate for simple estates. A comprehensive plan typically combines a trust, will, powers of attorney, and health directives and includes steps to fund the trust and coordinate beneficiary designations. The choice depends on family complexity, asset ownership, and goals for privacy and ease of transfer after death.
A limited approach can be suitable when asset ownership is straightforward and beneficiaries are clearly designated on accounts and insurance policies. For individuals with few assets, uncomplicated family relationships, and no need to provide for minor children or dependent adults, preparing a last will and updating beneficiary designations alongside a power of attorney and health care directive may be sufficient. This approach addresses immediate decision-making needs and end-of-life wishes without the added steps of trust funding, while still providing basic protections and clear authority for designated decision-makers.
If avoiding probate is not a priority due to limited estate size or if most assets already have payable-on-death or transfer-on-death designations, a limited plan may meet your needs. In such cases, updating beneficiary designations, preparing a will to name an executor and guardians, and executing powers of attorney and health care directives can provide clarity without the time and expense of creating and funding a trust. Even with a limited plan, periodic reviews ensure documents remain current and take into account changes in family structure or account ownership.
A comprehensive plan that includes a properly funded trust can reduce the need for probate administration, which may save time and expense for beneficiaries and preserve privacy regarding asset distribution. Trusts allow assets to be managed and distributed according to your instructions without court involvement in many cases, and they can provide smoother continuity when property is held in multiple names or jurisdictions. For families that value faster access to assets and fewer court proceedings, taking steps to coordinate trust funding, beneficiary designations, and successor trustees is often an important part of a comprehensive strategy.
When a beneficiary has special needs, disabilities, or requires managed distributions over time, a comprehensive plan can provide targeted protections. Trusts such as special needs trusts and provisions that control timing of distributions help preserve eligibility for public benefits while providing supplemental care. Similarly, trusts can set rules for how funds are used for education, health care, or housing for beneficiaries who are not ready to receive assets outright. A comprehensive approach allows customization to address long-term stewardship, caregiver instructions, and safeguards against mismanagement of inherited assets.
A comprehensive estate plan offers greater control over how assets are managed and distributed, reduces uncertainty for family members, and coordinates decisions for incapacity and end-of-life care. By combining trusts, wills, powers of attorney, and health care directives, you create a consistent set of instructions that fiduciaries and medical decision-makers can follow. This coordination helps ensure retirement accounts, life insurance, and property ownership work together to implement your goals. Comprehensive plans also allow for contingencies that address blended families, stepchildren, and changing family dynamics, offering clarity in many situations.
Another advantage of a fully developed plan is that it facilitates smoother transitions for those you leave behind. Clear document drafting and attention to administrative steps reduce the burden on family members during an already difficult time. In addition, thoughtful designation of trustees and agents allows for continuity in asset management, bill paying, and health care decisions. Regular plan maintenance ensures the arrangement remains effective as laws change or as personal circumstances evolve, providing ongoing protection and alignment with your goals for legacy, caregiving, and financial stewardship.
Comprehensive plans let you specify not only who receives assets but when and how they receive them. Trust provisions can stagger distributions, set conditions, or direct funds for specific purposes such as education or health care. This level of control helps protect beneficiaries from having large sums passed to them all at once and provides guidance to trustees charged with administering the assets. Clear instructions reduce ambiguity and the potential for family disputes, ensuring that your intentions are followed and that resources are used in ways you intended to support your loved ones over time.
When assets are properly coordinated with trusts and beneficiary designations, family members typically experience fewer legal delays and reduced administrative burden. Trustees can manage and distribute assets according to your instructions without waiting for lengthy probate processes in many cases. This smoother transition helps beneficiaries cover expenses sooner and reduces stress during a difficult time. Planning that anticipates administrative needs, such as documentation and account titling, ensures that successor decision-makers have the tools they need to carry out your plan efficiently and with confidence.
Start by making a complete inventory of your assets, including real estate, bank and investment accounts, retirement plans, business interests, life insurance policies, and personal property of value. Gather account statements, deeds, titles, and existing beneficiary designations so they can be reviewed and coordinated with new documents. A thorough inventory helps identify which assets should be retitled into a trust and which can keep payable-on-death designations. Keeping clear records also speeds the process for fiduciaries and reduces the chance that important items will be missed during administration.
Estate planning is not a one-time task. Life changes and legal developments can affect how a plan should be structured. Set a schedule to review your plan every few years or after significant events such as moves, changes in financial circumstances, births, marriage, divorce, retirement, or changes in health. During reviews, confirm that agents, trustees, and beneficiaries remain appropriate and willing to serve, and that asset ownership and beneficiary designations still align with your goals. Regular reviews help maintain effectiveness and avoid unintended results down the line.
Many Roseville residents pursue estate planning to provide clear direction for their families, reduce administrative burdens, and protect assets for future generations. Planning helps name decision-makers for financial and medical matters, select guardians for minor children, and establish how retirement accounts and life insurance proceeds should be used. It also creates a roadmap for transferring property, protecting privacy, and addressing unique family circumstances such as blended families or beneficiaries with special needs. Taking steps now can reduce uncertainty and allow you to make intentional choices rather than leaving decisions to the courts.
Another reason to consider estate planning is to prepare for incapacity as well as death. Durable powers of attorney and advance health care directives ensure that trusted agents can manage finances and make medical decisions based on your preferences. For those with property in multiple states or complex assets, coordinated planning can streamline administration and reduce potential conflicts. Additionally, planning provides a structured way to communicate wishes to family members and to designate successors who will carry out your directions with clarity and authority when it becomes necessary.
Certain circumstances commonly prompt individuals to seek estate planning, including starting a family, acquiring a home or other significant property, experiencing changes in marital status, establishing a business, or encountering health issues that could affect decision-making. Planning also becomes important when beneficiaries have special needs or when there are concerns about probate, taxes, or asset protection. In each case, an estate plan can be tailored to address specific goals such as guardianship nominations, trust provisions for ongoing care, or strategies to ensure assets transfer smoothly to the next generation.
When you have children or are planning for parenthood, one of the most important tasks is naming guardians and establishing how a child’s financial needs will be met if you cannot provide care. A will can nominate guardians, while trusts can set aside funds for education, healthcare, and living expenses under terms you establish. Clear instructions and appointed fiduciaries ensure a smooth transition of care and financial management, helping protect a child’s future and reducing the need for court involvement in guardian selection and asset management.
Owning a home or investment properties often triggers the need for estate planning because real estate may require probate if it is not titled properly or coordinated with a trust. A living trust can hold real property and provide directions for its management and distribution without probate in many situations. Addressing deed transfers, beneficiary designations, and potential tax consequences helps ensure that properties pass according to your intentions and that heirs are able to receive or sell property with fewer administrative hurdles and clearer instructions.
Preparing for the possibility of incapacity is a core part of estate planning and involves documents such as advance health care directives and HIPAA authorizations. These documents allow you to name who will make medical decisions and specify your treatment preferences for situations such as prolonged illness or end-of-life care. A financial power of attorney ensures someone can manage bills and finances if you cannot. Advance planning reduces stress for family members and makes sure your medical and financial matters are handled in a manner consistent with your values and wishes.
We are here to help Roseville families and individuals put in place estate plans that reflect personal priorities and family circumstances. Services include drafting revocable living trusts, last wills and testaments, financial powers of attorney, advance health care directives, general assignments of assets to trusts, certifications of trust, and other documents such as irrevocable life insurance trusts, retirement plan trusts, special needs trusts, pet trusts, Heggstad petitions, and trust modification petitions. We also prepare pour-over wills and HIPAA authorizations and assist with guardianship nominations, so your plan covers both asset distribution and care decisions.
Choosing a firm to prepare your estate plan means selecting a team that listens to your goals, explains options clearly, and drafts documents that reflect your intentions under California law. At the Law Offices of Robert P. Bergman we focus on practical solutions and responsive client service. We take time to learn about family dynamics, asset ownership, and beneficiary concerns before recommending a plan. Clear drafting and careful coordination of trust funding and beneficiary designations are priorities so that documents function as intended when they are needed most.
Our office assists clients with a full range of estate planning documents and the administrative steps that ensure their plans are effective. That includes preparing pour-over wills to work with trusts, drafting powers of attorney and health care directives to address incapacity, and creating trust instruments for a variety of needs including special needs trusts and irrevocable life insurance trusts. We also help with trust administration matters such as Heggstad petitions and trust modifications when circumstances change and documents need adjustment to reflect new realities.
We aim to make the planning process as straightforward as possible, providing clear explanations, checklists, and guidance on how to fund a trust and keep beneficiary designations aligned with your goals. Our office supports clients through plan implementation and offers follow-up reviews to keep documents current. Clients benefit from having a complete set of coordinated documents and the practical steps documented so that family members and fiduciaries know how to proceed with minimal delay, stress, or confusion when the time comes.
The estate planning process at our firm is designed to be thorough and understandable. It begins with a conversation to identify goals and list assets, then progresses to drafting documents tailored to those goals, reviewing drafts with you, and finally executing the documents in compliance with California requirements. We also provide guidance on funding trusts and updating account beneficiary designations. After the plan is implemented we recommend periodic reviews and can assist with amendments or trust modifications as family or financial circumstances change over time.
In the initial phase we meet to discuss your family, assets, and objectives and collect necessary documents and account information. This discussion covers questions about beneficiaries, guardianship for minor children, decisions about asset distribution, and preferences for medical decision-making. We will review deeds, account statements, insurance policies, and retirement plan information to assess what documents are appropriate. This foundation enables us to recommend a plan that reflects your priorities and provides practical next steps toward drafting the necessary instruments.
During document review we examine existing wills, trusts, powers of attorney, and beneficiary designations to identify gaps and conflicts. We discuss your goals for asset distribution, tax concerns, and how you want decisions made if you are incapacitated. This part of the process clarifies whether a revocable living trust, pour-over will, or other documents are appropriate and what additional instruments may be needed. Clear goal setting at this stage avoids surprises and helps ensure the plan is comprehensive and aligned with your intentions.
We prepare an inventory of real property, bank and investment accounts, retirement plans, life insurance, business interests, and other significant assets, and we review beneficiary designations to ensure they match your objectives. Identifying which assets should be titled in a trust and which should retain beneficiary designations helps establish the work required to fund a trust and coordinate the plan. Clear documentation of assets supports efficient drafting and reduces the likelihood that assets will be overlooked or go through unintended probate.
Once goals and assets are identified we draft the documents tailored to your situation, which may include a revocable living trust, last will and testament, powers of attorney, advance health care directives, and any specialized trusts needed for beneficiaries. Drafting includes choosing trustees and successor trustees, naming agents for financial and health care decisions, and defining distribution terms for beneficiaries. We prepare clear instructions and review drafts with you so any questions can be addressed before finalizing the plan for execution.
Trust and will drafting involves setting out who will receive assets, how and when distributions will occur, and appointing fiduciaries to manage and carry out the plan. Trust documents may include provisions for continuity of management during incapacity, instructions for successor trustees, and specific distribution terms for children or dependent beneficiaries. The will can address any assets outside the trust and include guardianship nominations for minor children. Careful drafting ensures instructions are clear and enforceable under California law.
We prepare durable financial powers of attorney and advance health care directives that name trusted agents to manage finances and make medical decisions if you cannot. These documents can be tailored to take effect immediately or upon a specified event such as incapacity, and they can limit or expand the authority granted. A HIPAA authorization is often included to allow designated individuals to access medical information. Clear and appropriately worded directives help ensure your preferences are followed and reduce delays when decisions must be made.
After documents are finalized, we arrange for proper signing and notarization, and provide guidance on funding trusts and updating account registrations and beneficiary designations. Funding a trust may include retitling bank and brokerage accounts, transferring deeds for real estate, and coordinating with retirement plan administrators or life insurance companies when appropriate. We provide checklists and assistance so you, your trustees, and your agents understand what administrative steps are required to make the plan work as intended and reduce the chance of future complications.
Funding a trust often involves transferring ownership of assets into the trust’s name, updating account registrations, and ensuring beneficiary designations align with the plan’s objectives. For real estate this can mean preparing and recording deed transfers, while for financial accounts it may involve paperwork and institution requirements to change title. Proper funding is critical because an unfunded trust may not avoid probate and may leave intended distributions subject to court administration. We provide guidance to help ensure the necessary transfers take place smoothly.
After implementation we recommend periodic reviews to confirm that documents and account designations remain consistent with current circumstances. Life events such as births, deaths, marriages, divorces, retirement, or changes in asset ownership may warrant amendments or trust modifications. We assist clients with updates and with petitions to the court when formal changes are required, such as Heggstad petitions or trust modification petitions. Ongoing attention helps ensure the plan continues to meet your goals and functions effectively for your family.
A basic estate plan commonly includes a last will and testament to state final wishes and name an executor, a durable financial power of attorney to authorize someone to handle financial matters if you are unable, and an advance health care directive to record medical preferences and appoint a health care agent. For many people, adding a revocable living trust helps manage assets during life and provide instructions for distribution at death. Choosing the right combination depends on asset ownership, family structure, and goals for avoiding probate and ensuring continuity of management. Preparing the appropriate documents also involves coordinating account beneficiary designations and titling of assets so the plan works as intended. A pour-over will is often used with a trust to catch assets not transferred into the trust during life. Additional instruments such as HIPAA authorizations, guardianship nominations, or special trusts may be necessary depending on individual circumstances. A careful review of current assets and family needs helps determine the exact documents that should be included.
A revocable living trust holds title to assets and provides instructions for management and distribution, often allowing beneficiaries to avoid probate for those trust assets. During the trustmaker’s lifetime, the trust can be changed or revoked, and the trustmaker typically serves as trustee, maintaining control over assets. A will becomes effective upon death and directs distribution of assets that are not held in a trust; wills typically require probate for administration. While a trust can streamline asset transfer, it requires administrative steps such as funding the trust to ensure assets are properly titled. Both instruments play complementary roles in many plans. A pour-over will is used alongside a trust to direct any assets not placed in the trust at death into the trust for distribution under the trust’s terms. Choosing between or combining a trust and a will depends on your estate size, privacy concerns, family complexity, and whether you want to reduce probate for certain assets. Proper coordination and account titling are essential so that the chosen approach functions as intended.
You should update estate planning documents after major life events such as marriage, divorce, births or adoptions, deaths in the family, significant changes in financial circumstances, or moves between states. Changes in your relationships with appointed agents, trustees, or beneficiaries may also warrant revisions. Additionally, changes in federal or state law that affect estate planning could make it prudent to review and revise documents to ensure continued alignment with your goals and to take advantage of available opportunities for asset management. Regular reviews every few years can help catch issues before they become problems, and prompt updates following notable events keep designations and instructions current. Estate plans should also be revisited when assets change in ways that impact how they are titled or when beneficiary designations may no longer reflect your wishes. Ensuring your documents reflect your present intentions helps avoid confusion and reduces the need for court petitions or modifications later on.
A financial power of attorney is a legal document that appoints a trusted person to manage your financial affairs if you become unable to do so. The appointed agent can handle tasks such as bill payments, tax filings, investment decisions, and real property transactions, depending on the authority granted. Having a durable power of attorney in place ensures that necessary financial actions can be taken without court intervention, which can be time-consuming and costly and may leave urgent matters unattended if no agent is designated. When drafting a power of attorney it is important to select someone you trust and to clearly define the scope and timing of their authority. You can specify when the document takes effect, limit authority for particular transactions, and include instructions for record keeping and oversight. Clear documentation helps the agent manage affairs consistently with your preferences while providing protections against misuse through careful selection and possible safeguards such as successor agents or accounting requirements.
Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts are powerful tools that control where funds pass without probate, and they generally override instructions in a will or trust if not coordinated. Ensuring beneficiary designations match the overall estate plan is essential to prevent unintended outcomes. For example, an outdated beneficiary designation could direct assets to a former spouse or deceased person, creating complications and outcomes contrary to your current wishes. Regularly reviewing and updating beneficiary designations is an important part of maintaining an effective estate plan. Coordination between account designations and estate documents prevents conflicts, and in some situations you may need to update both the beneficiary form and trust instructions. When assets are intended to be managed for heirs through a trust, naming the trust as beneficiary of certain accounts can help ensure consistent handling under the trust’s terms.
Whether your estate goes through probate in California depends largely on how assets are titled and whether they are held in a trust or have beneficiary designations that pass assets outside of probate. Assets held solely in your individual name without designated beneficiaries may be subject to probate administration. By placing assets in a properly funded revocable living trust and coordinating beneficiary designations, many people reduce or avoid probate for those assets, which can save time and maintain privacy for their families during administration. Even with a trust, some items such as certain retirement plans or accounts with named beneficiaries may transfer outside the trust, so careful planning is required to achieve the desired result. A pour-over will can help capture assets not transferred into the trust, but any assets that must go through probate will be subject to the court process. A comprehensive review of asset titling and beneficiary forms helps determine the degree to which probate can be minimized in your situation.
Providing for a family member with special needs often requires planning that balances support with maintaining eligibility for means-tested public benefits. A special needs trust can hold assets for the beneficiary’s supplemental care without disqualifying them from government programs. The trust document can appoint a trustee to manage distributions for housing, education, therapy, and other supplemental needs while preserving benefits such as Medicaid or SSI. Careful drafting ensures the trust’s terms align with applicable regulations and with the beneficiary’s long-term needs. Selecting a trustee who understands the beneficiary’s needs and coordinating the trust with other parts of the estate plan are important steps. Trust provisions can include guidance for distributions, successor trustees, and procedures for periodic reporting. Working through the practical details of funding the trust, directing caregivers, and documenting purposes helps create a sustainable plan that supports the beneficiary’s quality of life while maintaining access to necessary public benefits.
Funding a trust involves transferring assets into the trust’s name so the trustee can manage them according to the trust terms. For real property this means preparing and recording deeds that convey ownership to the trust. For bank and brokerage accounts, institutions typically require completed forms to change the account registration to the trust. Retirement accounts and some types of assets may not be appropriate to transfer directly into a trust and are often coordinated via beneficiary designations or other strategies that achieve the grantor’s goals while complying with tax rules. Proper funding is critical because an unfunded trust may not prevent probate for assets left in your individual name. We provide checklists and assistance for retitling accounts, updating beneficiary designations, and documenting transfers so that your plan functions as intended. Addressing funding early in the implementation process reduces the likelihood of assets being overlooked and helps ensure beneficiaries and fiduciaries can follow the trust’s instructions smoothly when the time comes.
Yes, an existing trust can often be modified or amended when circumstances change, depending on the type of trust and how it was drafted. Revocable living trusts are designed to be changed or revoked during the grantor’s lifetime, allowing updates to trustees, beneficiaries, and distribution terms. When amendments are needed to reflect life events like marriage, divorce, births, or changes in asset ownership, the trust can typically be revised through a formal amendment or restatement process executed according to the trust’s terms and legal requirements. In some cases, more substantial changes may require a trust modification petition to a court, particularly if a trust is irrevocable or if parties disagree about the proposed changes. We can advise on the appropriate method to make a change and help prepare the necessary documents or petitions. Regular reviews help identify when amendments are advisable so your trust remains aligned with current circumstances and goals.
Guardianship for minor children is typically addressed in a last will and testament, where you can nominate one or more individuals to serve as guardian of the person and/or estate of your children in the event both parents are unable to care for them. Including guardianship nominations in your will provides the court with your preferences, which the court will consider when appointing a guardian. It is also helpful to discuss your preferences with the proposed guardians so they understand the responsibilities and are willing to serve if called upon. In addition to nominating guardians, many parents use trusts to hold funds for a minor child’s benefit and specify how those funds should be used for education, health care, and maintenance. Combining guardianship nominations in a will with trust provisions provides both a nominated caregiver and a plan for the financial support and management of assets for the child, helping ensure continuity of care and resources for their upbringing.
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