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Why Wait To Put                                         justifications, ask yourself: why wait? Although an estate plan is
                                                              one of the most effective and important ways you can plan for the
                                                              future, it is also one of the easiest.
      Your Plans in Place?                                    A comprehensive plan includes: (1) a Trust: the instrument that

      The importance of                                       “holds title” to and protects your real property and significant as-
                                                              sets from probate and provides for your intended distributions of
                                                              that property; (2) a Last Will and Testament: the instrument that
      creating your estate                                    distributes your personal property and effects such as jewelry,
                                                              furniture and family heirlooms; (3) a Durable Power of Attorney: the
      plan now!                                               document which appoints a nominated person to deal with your
                                                              finances in the event of your incapacity; and (4) an Advance Health
                                                              Care Directive: the document that contains your wishes regarding
                                                              medical treatment and disposition of your remains after your death.
      By: Attorney Rebecca Briskin, Bolander Law Group
                                                                                                  One of the most
                                                                                                  critical features of a
                                                                                                  well-drafted estate
                                                                                                  plan is the contingen-
                                                                                                  cies it contains. Ide-
                                                                                                  ally, your estate plan
                                                                                                  should anticipate and
                                                                                                  accommodate any
                                                                                                  number of events
                                                                                                  before and after your
                                                                                                  death. With the right
                                                                                                  contingencies in
                                                                                                  place, many estate
                                                                                                  plans don’t need
                                                                                                  to be continually
                                                                                                  updated when new
                                                                                                  property is acquired,
                                                                                                  when a child is born
                                                                                                  or when a beneficiary
 48                                                                                               dies. However, there
                                                                                                  are circumstances
                                                                                                  when an estate plan
                                                                                                  does need to be
                                                                                                  updated, or in legal
                                                                                                  speak, “amended.”
                                                                                                  These are typically
                                                                                                  straight forward and
                                                                                                  don’t require an
                                                                                                  entire “re-writing” of
                                                                                                  your documents.
      As most of us know, an estate plan allows us to provide for the
      passage of our property after death, affords immediate and future   The first step to creating your estate plan is finding the right attor-
      tax benefits and, most importantly, allows us to avoid probate – a   ney. In San Diego County, there are numerous firms that specialize
      legal process that is both time-consuming and expensive. Probate   in estate planning as well as other probate-related matters. The
      is required when an individual dies, with or without a will, owning   Attorney Referral Service is a great place to start and can be ac-
      real property in excess of $50,000 and/or personal property in   cessed online at www.lawreferral.org.
      excess of $150,000. The task of “administering” an estate through
      probate is not only costly, but time intensive and often stressful for   Once you’ve found an attorney that you’re comfortable with, an
      the surviving family members tasked with initiating the proceed-  initial meeting ordinarily takes place in order to review your assets,
      ings. Aside from time and financial considerations, probate cases   discuss your donative intent and explore who you want to handle
      are a matter of public record, allowing anyone and everyone   your estate after you pass on. Based on this information, a plan
      (including creditors) to view information about the estate, its value,   can be created quickly and conveniently with drafts for you to re-
      and the assets the decedent owned at death. Probate also opens   view within a few weeks. A final meeting is then scheduled to sign
      the door to litigation in families with strained relationships. The   and notarize your documents. Overall, creating an estate plan is
      bottom line: probate is a place to stay far, far away from and the   a quick and painless process. However, its importance cannot be
      best way to do that is to have a solid estate plan, including a trust,   understated. Simply put: Why wait to put your plans in place?
      in place.
                                                              For readers of San Diego Woman Magazine, Bolander Law Group
      What you may not know about an estate plan is that you can and   is offering a complimentary consultation to anyone interested in
      should establish one now. All individuals, whether married, single   establishing an estate plan: Must call before August 31, 2013.
      or divorced, with or without children, can create an effective estate
      plan to take advantage of the benefits described above. Often-  For more information on Bolander Law Group and Attorney Briskin,
      times, planning for the future is put off until marriage, until buying   please visit www.BolanderLawGroup.com
      a home or until starting a family – if you’ve ever considered these
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