The thought of passing is never a pleasant one, but there comes a time when you have to ask yourself “Is there a good estate attorney near me?”. It is advised to get your affairs in order when the time is right, and the only way to do it is to start the search for “an experienced trust and estate planning attorney near me”. Perhaps you would also like to appoint a probate lawyer and find out what’s your best course of action in terms of finances, but that’s another matter entirely.

To determine guardianship

The most important, and probably the only reason why every parent should ask themselves the question “Is there a seasoned trust and estate planning attorney near me?” is because of the wellbeing of their children. And the first step in assuring they are well cared for even when you are no longer around is the process of determination of guardianship.

There are many estate planning mistakes we should be on the lookout for. Unfortunately, not every decision the State makes is necessarily a good one, either. In fact, there are many instances in which the State made a decision not entirely in the best possible interest of the children, and certainly not what you would have hoped for. That is why you have to prevent this from ever coming into discussion.

And the only way to prevent it from happening is to either appoint or outline a legal guardian of your choosing in your will. This way, the state holds no sway over the decision, and it entirely rests on your shoulders. However, the guardianship decision is not an easy one to make, not by a long shot.

The general qualities you should look for in a guardian are responsibility, supportiveness, similar lifestyles and family values, as well as a reasonable proximity to your current place of living. However, it is not easy to quantify any of these values, so it may be best to cooperate with your estate attorney on this matter. Also, if there are several people you think would be worthy of receiving guardianship, choose a backup guardian as well. Just in case.

To financially secure descendants

Once the matter of guardianship is resolved, we come to the difficult task of outlining the financial aspect of the rest of your children’s lives. This is the part of the process where you will be especially glad for asking “What is the best trust and estate planning attorney near me?”.

The most common case is this – you have determined the potential guardian for your children, and that person, by default, becomes responsible for every aspect of their financial livelihood. However, there are other steps you can take if you want to ensure their complete financial protection. There are instances where the court bypasses the guardian’s ability to oversee the funds of the children who are under 18. Instead, it is the court that will remain in control of the finances of your children until they turn 18.

What’s more, the court demands that all the spending be accounted for. That includes restrictions that make the entire process of controlling the inheritance a lot more complicated. The expenses have to be documented, then audited by the court, and only then can they be approved. The guardian has to post a bond, and deliver regular accounting. Another problem is that all the children are equal in the eyes of the court. That creates further difficulties accounting for individual needs of the children.

As you can see, it’s far better not to allow this scenario to transpire. One course to take is to appoint a second party for the financial aspect, or a trustee. You create a monetary trust for your children, and you name a trustee to be in charge of that trust. He or she will have the authority to manage the inheritance, free of supervision from any court. No filing accountings, no posting bonds, no restrictions, audits, and approvals.

If you want to be even more certain of how the inheritance you left for your children will be allocated, you can leave written instruction for your trustee on how to best spend and distribute funds among the children.

To determine inheritance

Sometimes, even among the best of brothers and sisters, inheritance determination can become a stressful process, if only for the sheer amount of paperwork involved in case a detailed will is not present. In extreme cases, all of it can lead to severe quarrels or even complete fallouts. Which brings us to the final advantage of compiling a will.

You can prevent any rows by taking the time to divide the inheritance as you see fit through your will. This way, you can be sure there will be no room for any potential disagreements. Also, if there are any potential unwanted claims to your estate, you can use the will to exclude the people making those claims from it.

Finally, this is, again, where a children’s trust can prove its worth. You can divide your inheritance between your descendants as you see fit, eliminating the possibility for disagreements. Also, you can determine when each child will receive full inheritance. It may be at the age of 18, or at the age of 23. You know your children best, and will make the right decision.

Just make sure you are really satisfied with your choice of the “good trust and estate planning attorney near me”. He or she is responsible for the largest portion of this work.

We are the answer to “Who is the best trust and estate planning attorney near me?”

Irina Sherbak is, plain and simple, the best trust and estate planning attorney in the San Diego Area. She is the founder and the principal of the Law Offices of Irina Sherbak, where she has hand-picked all the members of her team with one intention in mind – to provide best possible protection, preservation, and distribution of people’s estates. This is what we specialize in, so feel free to contact us per your convenience!