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Estate Planning


What is Estate Planning and why do I need one?
In the state of California, if a person has more than $150,000 in assets and he/she dies without an estate plan, such person’s estate will go through Probate process. The probate process involves getting a court order to distribute the person’s estate. It is typically a time consuming process and the person’s estate will be responsible for additional costs like court appointed Attorney and Executor’s fee. The fee varies based on the total value of the estate of the person.

What documents are prepared as part of  Estate Planning?
Estate Planning consists of preparation of following documents
  • Living Trust
  • Pour-over Will and Guardianship - for clients with minor children
  • Advanced Health Care Directive - Power of Attorney for Healthcare
  • Durable Power of Attorney - Power of Attorney for Finances

What are the benefits of Estate Planning?
  • Avoid the probate and associated delay & costs
  • Avoid or minimize estate taxes
  • Avoid conservatorship during incapacity
  • Establish a smooth transition process for your loved ones
  • Nomination of guardians for your minor children
  • Privacy

What is a Living Trust?

A living trust is a legal document that contains a blueprint for what needs to be done to the assets when an individual(settlor) dies. A well planned Living Trust avoids probate process and ensures the distribution of properties to the loved ones as per the settlor’s instructions. During the settlor’s lifetime, he/she will be the trustee of the Living Trust and manage the assets. After the death of the settlor, successor trustee named in the trust takes over and manages the trust according to the instructions in the trust, including handling of taxes, distribution of assets etc.

What is a Pour-over Will?

In a Pour-over Will is also known as the Last Will or backup Will, the testator of the will typically designates living trust as the beneficiary of his/her will and also appoints executor of his/her estate and nominates a guardian for his/her minor children.

What is Advanced Health Care Directive?

Advanced Health Care Directive is a document, also referred to as Power of attorney for Health care,  confers authority upon the Agent nominated in the document, so that Agent is authorized to make decisions in case of medical emergencies and/or incapacity as per your wishes described in the document.

What is Durable Power of Attorney?

The Durable Power of Attorney is similar to Advanced Health Care Directive, but it deals with assets and finances rather with healthcare needs during incapacity.
We accept legal insurance plans and are in-network provider for many well known legal insurance companies
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Disclaimer: The information on this website is for general information purposes only and should NOT be taken as a legal advice. The use of this website does NOT establish an attorney-client relationship.
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Immigration Law | Estate Planning Law
© 2016-2020 Kamala Law Corporation
2670 S. White Rd Ste 105, San Jose, CA 95148

  • Home
  • About US
  • Immigration
  • Estate Planning
    • Revocable Living Trust
    • Wills
    • Advance Health Care Directive
    • Durable Power of Attorney
  • Contact
  • Login
  • Resources
    • Blog
    • Process to Downgrade from EB-2 to EB-3
    • Ready to File I-485 for Green Card
    • H1B Visa Program under Attack from DHS and DOL with New Rules
    • Current Prevailing Wages with new DOL rule
    • Current Visa Bulletin News
    • NEWS
    • Useful Links
    • Infographics
    • H1B Trends