Estate Planning

Ready to get started?  Either use the client contact form on this page or call us at (707) 545-6542 for a no-cost appointment with either Leo Alberigi or Roy Johnston.

Would you like to make your initial appointment more productive?  Simply click here to fill out a questionnaire and then call us at (707) 545-6542 to schedule your appointment.

Thank you, and we look forward to meeting with you soon. The staff at Johnston & Associates enjoy working with clients in the planning of their estates, including:

• Trusts
• Wills
• Health care directives
• Powers of attorney for property management
• Wealth preservation
• Lifetime gifting strategies
• Business succession planning
• Multi-generation transfers

Do I need a Will or a Trust?

If you don’t have a will or a trust, the state of California will make the following decisions for you:

• Who will be the administrator of your estate
• Who will receive your assets
• Who will raise your minor children

In addition, the proceeding will be a public proceeding, and the probate fees will far exceed the cost of a trust.

Which do I need: a will or a trust?

Here are the advantages of a will over a trust:

• A will is cheaper than a trust to create.
• There’s no need to identify any assets.
• There’s no need to transfer assets into a trust.

Here are the advantages of a trust over a will:

• Probate is much more expensive than administering the trust after death.
• The trust administration process is much faster than a probate.
• The trust administration process is private and not open to the public.
• The trust provides for the succession of trustees in the case of incapacity.

Durable Power of Attorney for Property Management

No matter whether you have a will or a trust—or nothing at all—you need a Durable Power of Attorney for property management. This allows your agent to do three things if you become incapacitated:

• Manage your property
• Represent your financial interests, such as filing your tax return or applying for government benefits
• Nominate a conservator for you, should one become necessary

Health Care Directive

Everyone should have a health care directive. This allows your agent to act in the following ways if you become incapacitated:

• Decide what type of care you should receive
• Decide who should care for you
• Make end-of-life decisions about your medical treatment and care
• Allow for an autopsy, if allowed by you
• Donate organs, if allowed by you
• Provide for the disposition of your remains, as specified by you

Guardians for Your Minor Children

One of the most critical decisions you can make as a parent is who will raise your minor children if you are unable to do so. Your decision will include:

• Who is best to physically raise your children? This is the person you trust most to raise your children with the principles and morals you value most.
• Who is best to manage the funds for your children? This is the person you trust most to take care of the funds for your children.