Regardless of how substantial or modest an estate is, estate planning is essential. By working with an estate planning lawyer in Tracy or Livermore, you can ensure that your final wishes will be carried out. It’s not uncommon for individuals to try to handle their own estate planning needs. However, this is usually not a good idea. An estate planning attorney can help you with so much more than just drafting your will; he or she will make sure your will is valid and can be upheld in court. Your attorney can also help you make informed decisions by explaining estate planning options that you may not yet be aware of.

What Happens If I Die Intestate?
When a person dies intestate, it means that he or she has passed on without a will. After this occurs, that individual’s estate is subject to division according to state laws. Typically, assets are distributed to immediate family members, such as the surviving spouse and children. This could be problematic for those who do not want their assets to go to these individuals.

What Is Probate?
State laws for probate vary. In general, however, it is the process by which a will is recognized as valid and the executor is given the authority to distribute assets. Probate is supervised by the court. It is possible to avoid probate by transferring assets to a trust. If a trust is created, a trustee will transfer assets to the appropriate parties after your death.

How Is a Will Made Valid?
Ensuring that the will is valid is one of the many benefits of having a lawyer handle your estate planning. In order to execute a will, you must sign it in front of witnesses.

What Happens If I Own Joint Property?
There are some limitations on what a will can and can’t do. For example, it cannot direct the transfer of jointly owned property. For example, if you own a house with your spouse, full ownership will transfer to your spouse upon your death. Joint ownership offers some advantages. If you wish, you can add a family member’s name to a bank account, for example, and specify that the individual has the right of survivorship. This means that upon your death, that individual would have access to funds in that account to pay your bills and funeral expenses.

While wills allow people to distribute their assets following death, living wills allow people to express their wishes to their doctors in case of incapacitation. Someone who drafts a living will with a will lawyer near Tracy and Manteca can outline whether or not to artificially prolong life if a devastating injury or illness occurs. Oftentimes, a will lawyer will combine the living will with a health care proxy, which designates someone to make health care decisions in cases of incapacitation.

Determining Your Wishes
If you create a living will, this written document will outline what medical treatments you approve for keeping you alive. You can also outline other medical decisions, including pain management and organ donation. Making these kinds of decisions can be difficult, so you need to closely consider your values. For example, consider how important it is for you to be independent and self-sufficient. You should also talk with your attorney about whether or not there are any situations in which you would like your treatment extended. For example, assess whether you would only want treatment if recovery is possible.

Getting Advice
A great way to evaluate your wishes in your living will is to talk to your doctor, health care agent, or family and friends. Tapping into these resources can help you organize your thoughts and feelings about end-of-life care. Additionally, resources to help you make this important decision are available through the American Bar Association, the Center for Practical Bioethics, and the Conservation Project.

Addressing Possible Decisions
If you are unsure of any possible end-of-life care decisions, you should seek clarification from your doctor or another trusted medical professional. In your living will, you need to address resuscitation, which restarts your heart if it has stopped beating. You will also need to determine whether you want mechanical ventilation, which takes over breathing if you are unable to breathe on your own. In this situation, you need to determine if and for how long you would allow mechanical ventilation. Other issues to discuss with your attorney include tube feeding, dialysis, and organ donation.