By Christopher Brainard, managing attorney in California.
Estate planning isn’t just for the ultra-wealthy or the elderly—it’s for anyone who wants to control what happens to their assets, health, and legacy. Without an estate plan, your family could face the stress, cost, and delay of California probate court, or worse, unnecessary taxes and disputes. Fortunately, estate planning allows you to avoid those pitfalls while ensuring your wishes are followed.
At C.M. Brainard & Associates, we help clients throughout California create comprehensive estate plans that preserve wealth, reduce tax exposure, and protect loved ones—without going through the court system.
🔒 The Hidden Cost of Not Having a Plan
When someone dies without an estate plan, their assets typically go through probate, a public court process that can take months or years to resolve. Probate can:
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Eat up 5%–10% of the estate in legal fees and court costs
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Delay asset transfers to heirs
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Invite conflict among family members
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Result in unintended distributions
Proper estate planning avoids probate entirely and may also reduce or eliminate estate and capital gains taxes, especially for larger estates or those with real estate and investments.
Core Estate Planning Tools You Should Know
Here are the most important legal tools to protect yourself and your family:
🏛️ 1. Revocable Living Trust
A revocable living trust is the cornerstone of most California estate plans.
What it does:
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Holds title to your property during life
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Allows you to manage and use your assets as usual
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Avoids probate by automatically transferring assets to beneficiaries when you pass
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Keeps your estate private (unlike a will)
Bonus: You can amend or revoke the trust at any time during your life, and appoint a successor trustee to manage your affairs if you become incapacitated.
✍️ 2. Last Will and Testament
A will is a legal document that states your wishes for how your property should be distributed when you die. Typically designed as a "pour-over will" to transfer any other assets into the trust upon demise.
What it does:
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Names a guardian for minor children
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Directs who receives your personal property
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Appoints an executor to manage your estate
Warning: If used alone without a trust, your estate will go through probate. In California, that can be lengthy and costly.
📝 3. Codicil
A codicil is a legal amendment to your existing will.
What it does:
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Allows you to change specific terms (e.g., remove a beneficiary, update an executor)
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Avoids having to rewrite the entire will
Best used for: Minor changes. For major revisions, it’s usually better to draft a new will.
🩺 4. Advance Health Care Directive
Also known as a living will, this document allows you to specify your medical wishes if you become unable to communicate.
What it does:
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Names an agent to make healthcare decisions for you
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Outlines your preferences for life-sustaining treatment, pain management, organ donation, etc.
Why it matters: Prevents medical confusion and family conflict during emergencies.
🧾 5. Durable Power of Attorney (Financial)
This legal document lets you authorize someone (your "agent") to manage your financial affairs if you’re incapacitated.
What it does:
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Allows your agent to pay bills, access bank accounts, sell property, and file taxes
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Avoids court conservatorship proceedings
Tip: It should be “durable,” meaning it stays in effect even if you become incapacitated.
When Should You Create or Update Your Estate Plan?
Now. Life is unpredictable, and estate planning isn’t something to put off. You should especially consider planning if you:
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Own real estate
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Have children or dependents
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Run a business
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Are approaching retirement
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Have experienced divorce, marriage, or inheritance
Let Us Help You Build Your Plan
At C.M. Brainard & Associates, we bring strategic clarity to estate planning for professionals, business owners, and families throughout California. Whether you're starting from scratch or updating an old will, we’ll tailor a plan to your needs—simple, affordable, and effective.
Ready to get started? Schedule a Zoom consultation today.
📍Christopher Brainard, 651 N. Sepulveda Blvd., #2010, Bel Air, CA 90049
📞 (310) 266-4115
📧 christopherbrainard@gmail.com
🌐 www.LawBrainard.com
This article/blog is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Christopher Brainard, Esq. An attorney-client relationship can only be formed through a written and signed agreement with Christopher Brainard. If you need legal advice about your specific situation contact us for a consultation. [Christopher Brainard, 651 N. Sepulveda Blvd., #2010, Bel Air, CA 90049. Tel: (310) 266 - 4115. Email: christopherbrainard@gmail.com].