Here is a sampling of some of the questions our clients frequently ask us regarding Estate Planning:

• “Aren’t a Will and a Trust the same thing?  What’s the difference?”
• “If I have a Trust, that means every time something in my life changes, I have to pay my attorney to fix it, right?”
• “I’m in my second marriage and I just want to make sure my kids get my money and my husband’s kids get his money.  How can I ensure that happens?”
• “I have a Will so my Estate won’t go through Probate, right?”
• “With a trust I do not have to pay any estate taxes. Right?”

Are these some of the questions you have heard friends ask when you talk about your “estate plan”?  Or, are these the questions you have regarding your own plan?  What?  You don’t have a plan?  Well, the State of California does have one for you, just in case you haven’t gotten around to doing one for yourself and your loved ones. 

If you die without a Will or other written enforceable documentation indicating how you want your assets to be distributed, you have died “Intestate”.  Since there is no way for the government, the bank, or the county recorder to know exactly how you would have wanted your assets to be distributed, and trust us, none of them wants the liability of being incorrect, they will all rely upon the California Law of Intestate Succession as set forth in the California Probate Code. 

With this in mind, how can your loved ones or your favorite charity prove that you really meant for certain assets to go to them?  The truth be told, they will not be able to do anything other than what is allowed or called for under the rules of Intestate Succession.  Many people believe, incorrectly, that if they die without a Will, their assets and personal belongings will automatically go to their spouse, partner, or children.  Sometimes they do, and sometimes they do not.  Do you really want to take the chance that everything you own might not get to everyone you love in the way that you want, if at all?

Docubank provides emergency access to your healthcare directives, 24/7/365.  We include DocuBank as part of our estate planning services to ensure that your living will, health care power of attorney and other medical directives will be immediately available at the hospital when you need them, via fax and/or online - around the clock and around the world.

Be sure to carry your DocuBank Emergency Card in your wallet -- next to your driver's license or health insurance card.  You should also periodically update your emergency contact and medical information stored with DocuBank.  To do so, simply click here.  For more information on this valuable service, visit www.DocuBank.com or call toll-free 866-DOCUBANK.