Estate Planning

Estate planning is the responsible and smart thing to do
Many people avoid planning their estate out of a distaste for thinking of their own end. Others feel like it’s a sort of jinx – that just talking about estate planning is going to cause something bad to happen. This is simply not true. Estate planning is one of the most responsible things you can do to protect your assets and to help your loved ones when they need it most. No one wants to deal with paperwork and administrative hassle when someone they love has just died, and there is no reason for them to.

Focusing on estate planning, like wills and trusts, to ensure an organized passage of your assets to your beneficiaries is only one aspect of estate planning. A good lawyer can counsel you with regard to strategic thinking about taxes, how to handle delicate inheritance situations, whether you need a living trust, and much more. Marc A. Duxbury is an experienced local, lawyer with offices in Carlsbad and Murrieta, who can help you with all aspects of your estate, including various trusts and other asset management.

What is estate planning?

The first and simplest part of estate planning that most people are familiar with is the process of organizing your assets and creating simple instructions so that everything is in order at the time of your death – in other words having a will. If you have several heirs, children or other, favorite charities that you wish to support, property that needs to be sold or divided, a will can make an enormous difference in how efficiently this is handled when you are no longer able to supervise it yourself.

In addition to wills, living trusts have become more and more useful. Living trusts allow you to transfer your assets into a trust that you can still control. And if something happens to you, your successor trustee will be able to manage the trust for you – for your benefit. Living trusts also allow your heirs to avoid probate court, so you are also saving time and money for them.

Once your will or other estate planning needs are completed, you rarely need to think about it again. You only need to revisit your will or other instrument if you have significant changes in your heirs, assets or desires. You can review this on your own and only contact Marc and the County Law Center if actual changes are needed. Marc will also help you keep current on any changes in the law which may impact how you organize your will or trust.

What are the benefits of estate planning?

With or without a will all your assets go through probate. Probate is the state-run process that reviews your assets and distributes them to the persons deemed to be rightful heirs. Probate is not a fast-moving process and many people organize their estate to avoid probate altogether. Not only can this save time it can save money. Probate does not seek to maximize the sale of assets, it will be too late to develop a tax strategy to try and reduce your tax burden, and there will be attorney and court fees. Be sure to ask Marc how to avoid probate in San Diego county when you call him for your free initial consultation.

Avoiding worst case scenarios

The most efficient part of estate planning is taking care of your loved ones. Imagine if you and your spouse were killed in an accident but there were no instructions in place for how to take care of your children. How long would relatives have to help out before your children could get what is theirs? Or, if you suspect that there may be conflict at the time of your death, proper planning can reduce the chance of litigation, not to mention emotional distress.

There is no need for this kind of risk in your life. Estate planning is generally not an expensive process, often less than the cost of probate, and although some people fear it will be stressful, that is not the case either. Most of our clients feel relieved and satisfied knowing their affairs are in order.

Estate planning in business

Planning for the proper succession in business is no less important than in your personal life – and the two are often intertwined. Marc and the County Law Center have experience in both estate law and business law and can bring their expertise in both areas to think through and plan for your needs. This is especially important when you have multiple business partners and succession is not clear.

Selecting the right lawyer for your estate planning needs

There is no reason not to plan for the future. It makes sense financially, emotionally and practically. Once you’ve decided you wish to focus on your estate planning needs, selecting the right lawyer is crucial.

Marc A. Duxbury’s qualifications are excellent. He is rated A+ by the Better Business Bureau, he is a member of California, San Diego and Riverside bar associations, and is rated by Martindale Hubbell, the industry’s premier rating service.

Beyond his substantial credentials, Marc is committed to taking care of his clients. He and his staff bend over backwards to make sure you are treated with the courtesy and respect you deserve. That means calls and emails are returned quickly, your questions are answered honestly and thoroughly and your legal needs are the subject of their attention. Marc has experience with both living trusts and more complicated trusts like A-B trusts.

Personality counts too. Call Marc’s office today to set up your initial appointment. It’s free and completely confidential. You can use that time to ask Marc all the questions you have about how long it will take, how much it will cost, how to think about this process, and much more. You’ll see quickly why so many people choose the County Law Center in Carlsbad for their legal needs. You can also read testimonials and client reviews for first-hand accounts on our Results page.

Real customer experience

David and Heidi M. contacted Marc Duxbury and County Law Center in early 2015 for estate planning purposes. David and Heidi owned a home with approximately $200,000.00 in equity as well as retirement assets totaling $400,000.00. Additionally, both David and Heidi each had $1,000,000.00 life insurance policies. They shared three children together ages 10, 12 and 15. The living trust formulated for them allowed for their estate to be shared equally among their children upon their death. The trust also allowed for total control of all assets while either David or Heidi were of sound mind. If one spouse pre-deceased the other, the surviving spouse was able to use assets for themselves and the children would receive their share of the estate once both parents were deceased. The trust also made provisions for the children’s well-being and included direction on which relatives would care for the children upon Heidi and David’s incapacitation or death. Lastly, the trust allowed for monies to be used for the children’s benefit for housing, education and other necessities. However, David and Heidi wanted to ensure none of the children received a lump sum of close to $1,000,000.00 until they reached a certain age. David and Heidi decided portions of the estate would be issued to the children at the specific ages of 21, 25 and 30 years old.

Although David and Heidi did not enjoy the thought of death and incapacitation, both were impressed with the special care and attention they received at County Law Center with Marc Duxbury personally handling their matters. David and Heidi highly recommend County Law Center for all estate planning needs.

We at the county law center can help you with all of your will, trust, and estate planning needs.

We offer services for:

• Living Will and Trusts
• Power of Attorney
• Probate Administration
• Trust Administration