Frequently Asked Questions

There isn’t one answer for everyone. Some of the questions we consider are:

• What do you own, and how is it titled?
• What would happen to those assets if you died today?
• Would any of your property have to pass through probate?
• If so, what might that process involve in time, cost and court oversight?
• Who would manage your financial affairs if you became incapacitated?
• Are there minor children, a loved one with special needs, a blended family or other family circumstances that require additional planning?
• Are there tax or asset-protection considerations?
• Who would have to deal with all of this if you couldn’t—and how difficult would you be making it for them?
• And perhaps most importantly: would the result be what you actually intended?

Estate planning is about answering those questions in advance—and putting the right structure in place so that your wishes can be carried out.

For estate planning, we work on a fixed-fee basis. After we’ve talked through your family, assets and planning needs at your Design Meeting, we’ll quote one clear fee for the plan. You’ll know the fee before we begin designing and drafting—and we do not watch the clock!

Probate works differently. California law provides a statutory fee schedule for services performed by the attorney and personal representative, based on the value of the probate estate. Those fees are generally paid from the estate toward the end of the probate and require court approval. There are also costs involved in opening and administering the estate, some of which need to be paid upfront and can usually be reimbursed from estate assets.

Trust administration fees are generally billed hourly because the amount of work involved can vary considerably from one trust to another. Attorney’s fees and other expenses are typically paid from trust assets, rather than personally by the trustee or beneficiaries.

Yes, you can. There are online services—and now AI tools—that can generate wills, trusts and other estate planning documents quickly and inexpensively. For someone with a very simple situation and a clear understanding of what they need, that may be enough.

But good estate planning isn’t simply about generating documents. It’s about designing the right plan in the first place.

Most people don’t come to us knowing all of the planning options available. You may know what you want to accomplish without knowing the best way to do that. Depending on your circumstances, there may be different ways to provide for a spouse or children, protect an inheritance, provide for a beneficiary over time rather than outright, plan for incapacity, and address other family or financial concerns.

We also help you think through the consequences of the decisions you’re making. Who you choose to act on your behalf matters. So does how and when you leave assets to the people you love. A choice that seems simple on its face may have practical, financial or family consequences that aren’t immediately obvious.

That’s where the design process matters. We help our clients identify issues they may not have considered, understand the choices available to them, weigh the advantages and potential consequences of different approaches, and design a plan that reflects what they’re trying to accomplish.

And design is only part of the job. The plan documents need to carry out that design, and your assets need to be properly transferred into your trust so it works as intended.

Most estate plans can be completed in about six to eight weeks from the Design Meeting through completion of your plan, although timing can vary depending on the complexity of the plan and how quickly we receive the information we need from you.

We have a clear six-step estate planning process that takes you from designing your plan through preparing and signing, directing your assets properly, and making sure you understand how to keep everything current going forward. We’ll guide you through each step and let you know what we need from you along the way.

We work with clients throughout California, and meetings can be held virtually by Zoom or in person by appointment at our La Jolla office.

For estate planning clients in La Jolla and nearby communities, Elena also enjoys meeting with clients in their homes, schedule permitting. For many people, talking through their family, assets and plans is simply more comfortable around their own kitchen or dining room table.

If accessibility is a concern, please let us know so we can arrange a meeting that works for you. We’ll decide together what works best for you and for the particular meeting.

Your estate plan should change when your life does. We recommend reviewing it periodically, and taking another look whenever something significant changes in your family, finances or the people you’ve chosen to act for you.

You may need an update if you’ve married or divorced, welcomed a child or grandchild, lost someone named in your plan, acquired or sold significant assets, bought real estate in another state, moved to another state, or simply changed your mind about who should make decisions for you or how you want your assets distributed.

Sometimes a review confirms that everything still works exactly as you intended. Other times, a relatively small change now can prevent a much larger problem later.

If you’re not sure whether a change in your life requires an amendment, give us a call. We can help you determine whether your plan needs to be updated.

Your estate plan shouldn’t depend on the attorney who prepared it being available years—or even decades—later.

We design your plan so that your documents clearly express your wishes, the people you’ve chosen have the authority they’ll need, and your assets are properly coordinated. When the time comes, your trustee, executor or other representatives can work with the estate planning attorney of their choice. They aren’t required to return to the attorney who originally prepared the plan.

Of course, we hope to be here for our clients and their families for many years to come. But ultimately, your estate plan belongs to you—not to your lawyer. Our job is to design and put in place a plan that can work as intended whether or not we’re the attorneys who eventually help administer it.