Frequently Asked
Questions
How can I learn more about Rafael Godoy?
Learn more about Rafael Godoy here.
What is our general process?
Learn more about our general process here.
What kind of clients do you work with?
Learn more about who we help here.
How much does Estate Planning cost?
It depends! Different people and families have different needs. We cannot give you an accurate quote until we know more about you. Even if you believe your situation is relatively simple, there may be certain issues you are not considering. We discuss our fees and process at length in the Jump Start Planning Session, after we have counseled you on all your options. We do not discuss our fees outside the Jump Start Planning Session.
We understand that cost is an important factor in choosing an attorney, and that estate planning is a significant investment. We strive to be as transparent and fair as possible. Towards that end, we offer flat fees instead of hourly billing. By offering a Flat Fee, you will know exactly how much you will be charged. We also offer a 100% satisfaction guarantee. If you are not happy with our services, we will make it right, or refund your money.
Can I sign my documents electronically?
No. Wills, trusts, and other estate planning documents need to be signed with very specific formalities or they will not be considered legally valid. That means signing in person, in front of 2 witnesses and a notary (which we provide). The witnesses are there to confirm you are lucid and not under duress, and the notary is there to confirm you are who you say you are. Any changes you make to your documents in the future will need to be executed with the same legal formalities.
What is Estate Planning?
Estate planning is simply the process of getting legal documents in place so that your chosen individuals are appointed to take care of you, your children, your assets, and your finances in the event of your death or incapacity. The process also involves naming the people you want to inherit your assets when you are gone. An “estate plan” is simply a bundle of all the documents needed to accomplish these objectives.
If you don’t currently have a will or trust, you may think you don’t have an estate plan….but you do. It’s just that the state of NY has written it for you! All states have a default plan for your family and assets in the event of your incapacity or death. That’s the plan you have now. Estate planning is “opting out” of the default plan and putting your own wishes in place.
Is Estate Planning just for the wealthy?
Definitely not! Most if not all adults should have a plan in place. We can help identify and create a meaningful plan for you.
What goes into an estate plan in the Bay Area?
An estate plan will include the documents that accommodate your specific needs. It may involve some or all of the following:
- Last will and testament
- Living trust
- Irrevocable trusts (e.g., life insurance trusts, gift trusts, special needs trust, charitable trust)
- Conservatorship
- Guardianships
- Asset protection from divorce, creditors, others
- Health care directives, including medical powers of attorney, living wills, health care proxy, do not resuscitate (DNR) or do not intubate (DNI) orders
- Financial powers of attorney
- Succession plan for business
- Charitable planning
What is Probate?
If someone passes without an estate plan they are identified as having died “intestate.” Should a person die intestate, the state will step in and distribute any property. Property governed by intestacy law must pass through probate court.
In California Probate is generally more expensive and time-consuming than preparing an estate plan. Going through Probate generally leaves fewer benefits and more burdens for your loved ones. And, you may have completely different wishes as to how to divide your estate than what the State law dictates through Probate. We will help you determine what will work best in your specific situation and with your specific assets.
What happens if I die without a will in California?
Dying without a will means you die intestate. Your assets and belongings will get passed to your heirs according to your state’s intestacy laws.
Is a will enough?
Typical lawyer answer: “it depends”. We can meet and discuss how to best protect your family and/or assets. However, if you have children or own a home you probably need more than a will.
What happens to my will if I move to a new state?
In rare cases, the differences in state laws could make it invalid. More commonly, if you moved to a state that views marital property differently from your former state of residence, the change in laws could result in complications. It is wise to revisit your will with an attorney in your new state after moving.
Do I need a lawyer to write my will?
While you do not need a lawyer to write a will, doing so is a considerable risk. A last will and testament that was not written by a lawyer or that was created using an online form are more likely to be challenged, deemed invalid, or leave significant assets unaccounted for, which can create confusion and unforeseen outcomes.
Can you write a will if you have Alzheimer's or dementia?
People need to have testamentary capacity to make a valid will. This often requires an understanding of the property being devised in the will, who is going to receive it, and the purpose and function of a will. People with Alzheimer’s or dementia may struggle with testamentary capacity. The best way to make sure they have a will in place is to hire a lawyer to help.
I'm not married, do I still need a plan?
Yes. You can benefit from a plan if you can check yes to any of the following:
- Married?
- Children?
- Assets such as:
- Real property (e.g., homes, farms, vacation homes)
- Deposit accounts
- Investments (e.g., stocks, bonds, money market accounts)
- Business interests
- Collectables, art, antiques
- Life insurance policies
Do I need a will if I have no children?
If you die without a will, your estate will pass to others through your state’s intestacy laws. If you have no children, then property will be disbursed to family members. If there are no heirs according to your state’s intestacy laws, then the state may acquire the property. So, even if you do not have children, you still need a will if you do not want the state to make decisions for you about who gets what from your estate.
Keep in mind you do not have to create a will to benefit only family. A will allows you to pass your estate in a way that will serve what matters most to you: this could be preserving the financial wellbeing of your partner, parents, or siblings, but also setting money aside for the care of a pet, or assisting a charitable organization aligned with your values.
Does my will automatically change if I divorce?
No. It is crucial to update your will after getting a divorce so that your most recent wishes are reflected in it.
Does my will automatically change if I have a child?
It depends on the language in the will. If your will specifies an action that will happen to unnamed offspring (for example: “All of my property equally to my children”), the interpretation would be different than if you made a specific bequest to a named child or children. You should always revisit your will after having a child.
What is the difference between a will and a living will?
A will – also called a last will and testament – comes into effect when its creator dies and directs the executor on how to transfer the property in the estate. A living will, on the other hand, comes into effect when its creator is alive but incapacitated – it tells others what the creator’s preferences and medical decisions are regarding their healthcare.
What is a trust?
A trust is a pool of assets that is set aside to be managed by a trustee, for the benefit of someone else, called the beneficiary.
What is the purpose of a trust in Bay Area?
A trust sets aside some assets for a trustee to manage for the sake of a beneficiary. The assets set aside in the trust do not go through probate, simplifying and expediting its transfer out of the estate. The trustee must follow the instructions set out by the trust.
Can I have both a will and a trust in Bay Area?
Yes. Many trusts are testamentary trusts, and are created in the decedent’s will. Lots of other trusts are made during the person’s life to set aside some assets outside of their will.
Are trusts only for rich people in California with lots of assets?
Contrary to popular belief, trusts are not just for the wealthy, but rather can be utilized by anyone for tax and non-tax related purposes. Trusts are legal entities that hold title to certain assets, which are then managed by a 3rd party—the trustee—for the benefit of the named beneficiaries. Trusts are “funded” by having the client transfer assets into the trust upon its creation. “Revocable” means that the trust can be modified by the person who creates the trust (the grantor) and “living” means it was created during the client’s lifetime. They are especially common when the beneficiary is underage or is unable to manage their own affairs.
What happens to jointly owned property when one spouse dies?
When spouses jointly own property and then one spouse passes away, the property is automatically passed to the surviving spouse. An example would be the marital home owned by both spouses.
What is a guardian?
A guardian is a person who is responsible for someone else’s well-being. People often appoint a guardian for their underage children in their will or for their adult children with special needs. These legal guardians can make legal decisions on behalf of their charges, much like a parent.
How can I designate a guardian for my children?
Naming a legal guardian for your underage children is a common provision in a will. You also have the ability to appoint a conservator for adult children who may be unable to make certain decisions.
If you do not appoint a legal guardian via a will, the court will appoint one upon your death. For this reason, it is important even if it seems like commonsense to make sure you designate a guardian in your will.
Can I name guardians for my kids?
YES. You nominate legal guardians in a Will, or a Pour-Over Will that goes along with your Revocable Living Trust. If you pass away without nominating guardians, a judge will make the decision for you. You also run the risk that family members will fight over who gets custody because you didn’t make your preference clear.
Our firm goes the extra mile and helps you nominate short-term guardians to care for your children in the interim while the long-term guardians are appointed. And did you know you can “confidentially exclude” people you would never want raising your children no matter what? We can help with that!
How can we make sure our special needs child is cared for after we die?
A common way to ensure a special needs child continues to receive the care they need is to appoint a guardian for them and to create a trust fund in their name.
How do I protect my kids from getting too much too soon?
Great question! I have yet to meet a parent who actually wants their kids to inherit a big lump sum on their 18th birthday (which is the age you are legally entitled to inherit). Yet that is exactly what will happen if you don’t get an estate plan saying otherwise. The good news is that with a trust, you can choose a later age for your kids to inherit – say 25, or 30. You have lots of options. We’ll discuss them at your Peace of Mind Planning Session.
How can I make sure my pet is cared for after I die?
A common way to care for pets after their owner passes away is to state in the will who is to care for the animal and then create a testamentary trust for the benefit of the pet.
What is a health care directive?
A health care proxy allows you to appoint someone you trust to manage your medical decisions should you be unable to do so. A living will (not to be confused with a living trust or last will and testament) allows you to make certain medical decisions regarding end-of-life decisions, ahead of time.
We include a health care proxy and living will for both spouses in every estate plan we create.
When do I need a power of attorney?
A power of attorney is essential for people who are unable to make important medical or financial decisions on their own behalf, usually because they are incapacitated or suffering from a medical condition. There are five types of powers of attorney, each with their own purpose:
- Durable power of attorney
- Medical power of attorney
- General power of attorney
- Limited (special) power of attorney
- Springing power of attorney
Can I just use Legal Zoom?
Sure. Keep in mind that Legal Zoom and law firms are two different things. They provide two different services. This is why the cost is different. Legal Zoom offers form documents you fill out and execute yourself. They are not a law firm and do not give legal advice. An attorney, on the other hand, counsels you and gives you legal advice based on your specific circumstances. They will customize your documents, ensure they are signed with the proper formalities, and pick up the phone when you call with questions. If these things are important to you, you should work with an attorney. If they are not, Legal Zoom may be a better option.
The Risks of “Do-It-Yourself” Wills in California
The expense and lack of control that comes from dying intestate, coupled with the perceived costs of hiring a lawyer to write a will, has led to a huge increase in the use of “do-it-yourself” wills. These forms, often found online for a fee, claim to be just as good as a traditional will prepared by an experienced attorney.
These “one size fits all” documents, however, are not tailored to your unique circumstances. The process to create a DIY will is often accompanied by mistakes that open the door for challenges to the validity of a Will upon your death. In fact, a court may dismiss the Will completely.
If you decide to try a DIY Will first, keep the following five tips in mind:
- Define who your family members are. For example, if you brought children into a second marriage, make sure who constitutes “family” in your Will.
- Assign and direct the executor to pay debts and expenses, including anything from credit cards to personal loans to funeral expenses.
- Make specific bequests or gifts so that there is no confusion about who gets what.
- Provide a catch-all clause for assets that you do not specifically give away.
- Finally, be specific about people and property as much as you can. Wherever there is any ambiguity there is also room for a challenge.
That said, in the least, it is a good idea to have an attorney review your last will and testament to make sure it’s in compliance with state and federal laws.
Contact Godoy Legal Today
At Godoy Legal, we know you have lots of questions about estate planning. Our estate planning lawyer in California is here to answer your specific questions. Contact us either by using our online form or calling us directly at (415) 801-8178 to schedule a free consultation.
Contact Our Firm
Godoy Legal Is Here for You
At Godoy Legal, we focus on Estate Planning and Probate and we are here to listen to you and help you navigate the legal system.
We can meet via Zoom phone or in person by appointment.
Contact Us Today
Godoy Legal is committed to answering your questions about Estate Planning and Probate law issues in the San Fransisco Bay Area.
We’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment via Zoom, phone or in person.
Office Location
Godoy Legal
100 Pine Street, Suite 1250
San Francisco, CA 94111
415-801-8178
