Estate Planning allows you to memorialize who you trust to manage your personal, health and financial affairs, during times of incapacity or death, and to choose how your assets will be distributed, at your death. M.S. Domingo Law Group will work closely with you to ensure all affairs are handled with precision and the utmost of care in preparing your Will, Durable Power of Attorney, Advanced Health Care Directive and Living Trust.
Michelle will guide you through the process of Estate Planning, both efficiently and effectively, in determining your goals to give you peace of mind, control, privacy, and to help you avoid probate. She is committed to helping you plan and preserve your legacy with sensitivity to your needs, while keeping in mind the latest changes to the laws and the most practical ideas for document drafting.
A Last Will and Testament is critical in helping protect your family and your property upon death. M.S. Domingo Law Group will assist in drafting the Testamentary document, according to California laws, and in selecting a trustworthy Executor, to ensure that your wishes are adequately carried out after death. Having a will in place allows for peace of mind, avoiding or minimizing probate and takes effect immediately upon a person’s death.
Durable Power of Attorney
A Durable Power of Attorney authorizes another party to act on your behalf in your day-to-day financial decision making matters and grants them permission to receive your confidential information. The Durable Power of Attorney is in effect when the principal party, the party authorizing the power of attorney, chooses to enact the power of attorney agreement. The agreement terminates upon death, of the principal party, or when the principal party decides to end the agreement. It is useful during physical injury or illness or in the event of incapacitation.
Advanced Health Care Directive
An Advanced Care Directive is a legal document that lets your doctors, family and friends know your medical and health care preferences, if and when you are unable to make decisions or speak for yourself, during illness or incapacity. It is an important mechanism for avoiding any possible confusion and for preserving your needs in a time of health scare or difficulty. Advanced Directives are a way to make your voice heard even when you are unable to communicate. They go into effect upon your doctor’s diagnosis and evaluation. Given their delicate nature, you can rest assured M.S. Domingo Law Group has the skill and experience needed to provide assistance and sound advice.
A Living Trust allows for all assets, including your home, bank account and stocks, to be placed in a trust and administered for your benefit, during your lifetime, and transferred to beneficiaries, upon death. A living trust is a critical part of your estate plan. According to the California State Bar, your living trust agreement:
- Gives the trustee the legal right to manage and control the assets held in your trust.
- Instructs the trustee to manage the trust’s assets for your benefit during your lifetime.
- Names the beneficiaries (persons or charitable organizations) who are to receive your trust’s assets when you die.
- Gives guidance and certain powers and authority to the trustee to manage and distribute your trust’s assets. The trustee is a fiduciary, which means he or she holds a position of trust and confidence and is subject to strict responsibilities and very high standards. For example, the trustee cannot use your trust’s assets for his or her own personal use or benefit without your explicit permission. Instead, the trustee must hold and use trust assets solely for the benefit of the trust’s beneficiaries.
M.S. Domingo Law Group will facilitate the seamless managing and distribution of your trust without court involvement. We will assist with choosing the right trustee to act on your behalf and ensure that they uphold their responsibilities to your assets and estate. M.S. Domingo Law Group will advise you on how federal estate tax may be avoided or reduced alongside preparing the deed necessary to transfer assets to your trust in an effort to avoid probate.