Steps to Protecting your Property and Yourself after Death

Create a Will

A will is a legal document that outlines where your wealth and property will go upon your passing. This document alone is not sufficient to protect all of your assets, but it is perhaps the most important document in doing so. Without a will, the rules of California interstate succession will govern how all of your assets are distributed. A will is paramount to ensuring that you, and not the government or an attorney, choose where your assets will go.

Unfortunately, having a will alone is usually not preferable since California requires wills to go through probate, a long and complex process many avoid. The way of doing so is to combine the will with another document, known as a living trust.

Create a Living Trust

Creating a trust whilst one is still alive is a common way to get around the dreaded process of probate. In a living trust, the asset owner typically designates themselves as the initial trustee. They manage the assets for the benefit of specified beneficiaries. Upon their death, the agreement of the trust designates who will take over as the trustee and how the assets will be distributed to beneficiaries. 

In addition to avoiding probate, most living trusts allow the owner to change or revoke the trust while alive. This means the owner retains control over the property until death.

Gain Power of Attorney

Power of attorney grants another individual (typically an attorney) with the power to make financial decisions regarding your assets on your behalf. People often choose a “durable” power of attorney, allowing their representative to make decisions even after they pass away.

There are several reasons why seeking power of attorney is preferable. The first is that it is always a good idea in general to get legal help from an individual who has a thorough understanding of the laws regarding wills and trusts. If you can’t make decisions or pass away, having someone knowledgeable in law manage complex asset decisions is crucial.

Gain Healthcare Power of Attorney

Healthcare power of attorney grants someone the authority to make medical decisions on your behalf if you’re unable to. Many choose to gain healthcare power of attorney in case they have a terminal illness or find themselves in a state in which they cannot adequately make decisions regarding their own health. It helps people ensure preferred treatment during life and protects their physical body, including organs, after death. KAASS LAW guides you through creating a will, living trust, and obtaining power of attorney.

Consider Beneficiary Designations

In addition to a will, it is important to designate beneficiaries for all possible assets. Specifically, such as:

• retirement accounts
• insurance policies
• bank deposits

This will prevent these assets from going through probate. It also greatly speeds up the probate process. For example, if you have an IRA, you can designate a specific beneficiary to receive the funds directly. The same is true for life insurance policies. Designating the beneficiary in advance eliminates the need for court intervention. It also ensures that the funds are transferred in a timely manner.

Protect Your Assets with Joint Tenancy with Right of Survivorship

Joint tenancy with right of survivorship is an effective way to pass assets without a will. If one owner dies, the interest automatically passes to the surviving owner. However, this tactic requires care. For example, transferring an interest in real estate to another person may have tax implications. You should consult an attorney before formalizing joint ownership.

Use POD and TOD

Another easy way to transfer assets is through designated death accounts. Tools such as POD accounts and TOD shares allow assets to be automatically transferred to a designated person. Without going through the courts. They are especially useful for:

• bank deposits
• investment accounts
• vehicles

However, it is important to check regularly that these guidelines are up to date. Especially if there is a change in marital status.

Protect digital assets

Modern estate planning should include digital assets. These may include access to:

• online banking
• social media accounts
• cryptocurrencies
• cloud storage

Without proper documentation, access to these assets can be lost forever. That’s why experts recommend creating a separate digital trust. Or add instructions for transferring access to a basic will or power of attorney. Adding information about logins, passwords and intended use is the most critical step.

Conclusion

Complete protection of assets after death requires a comprehensive approach. In addition to a will and trust, it is important to consider:

• estate structure
• beneficiary designations
• digital assets
• medical records

KAASS LAW attorneys provides professional legal assistance. We help clients ensure full compliance with the law and accurate implementation of their wills.