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A. WHAT IS THIS SITE AND HOW DO I USE IT?
1. Why Was This Site Created?
Estate planning (doing a will or trust and the related planning) should not be a difficult process. But statistically most people have no plan, and are reluctant to address the issues involved. I have asked many of my clients "Why?," and am usually told it is largely a matter of finding the time to do it. Many have suggested that a web site with easily understandable information would go a long way to ease the burden of doing basic planning. As an estate planning attorney, I am following the suggestions of my clients in the hopes this will make it easier for others to successfully complete their personal estate planning. If it also generates clients for my practice - even better. But you do not need to be a client, or even a prospective client, to obtain and use the basic information laid out here to start the process of successfully completing your personal estate plan.
2. Do I need Estate Planning?
Yes. While I am sure I could be more eloquent, the material at Appendix I was lifted, intact, from a publication of the California State Bar entitled “Do I Need Estate Planning”
3. What Does This Site Do?
This site is designed to help you with doing your personal estate planning. This means helping you with your personal plans for what happens to your things at the time of your death. This means a number of things:
How do you make sure everything you own goes to the family members you want to get them?
How do you reduce taxes?
How do you prevent disputes?
How do you avoid or reduce expenses?
How do you make things simple for your family?
How do you appropriately provide for those in special circumstances, i.e.:
1. Elderly parents 2. Children 3. Disabled individuals 4. Pets 4. How Can This Site Help?
Most of my clients (I am an estate planning attorney) find it very difficult to find the time to come visit me to work on perfecting their personal estate planning. I designed this site to assist present and potential clients of my law practice who want to understand the basic concepts and do something about them. This site is designed to help you with the following:
a. To provide direction to those who just want access to resources to obtain will and trust forms for use on a "do-it-yourself" basis.
b. To provide basics for those to busy to start out by going directly to an attorney first (a lot of my clients fall into this category, because they just don’t have time to sit down with me for the hour or two it takes to obtain basic information).
c. To provide an overview of the estate planning process for those who want to understand fully what their plan includes or should include.
d. To address FAQ’s (frequently asked questions) in the estate planning area.
e. To give you ideas.
5. Are There Limits To What I Can Accomplish Here?
Yes. While this site can give you a good overview, and recommend alternative planning possibilities, it cannot take the place of an experienced estate planning lawyer. It will make you an educated consumer. It will also assist you in understanding:
a. Why you should not sign any estate planning documents you do not fully understand.
b. Why you need an estate planning attorney, and why not just any lawyer should prepare your will or trust.
c. What you should understand in making your family decisions.
d. Why you should consider your estate planning lawyer a resource for information and a scrivener - not the person who should make estate planning decisions for you. 6. Do I Have To Understand Everything?
Absolutely not. But you do need to understand the basic concepts . That is where a site like this is most helpful. Just as it is helpful to know a little about your car before you go to the mechanic, this site can help with your wills and family planning. The good news is that it is not all that complicated for most people.
7. Just What Do I Need To Know?
There are several basic subject matter areas that may apply to you depending on your personal situation and wealth. This site is structured so that you do not have to learn a lot about married couples if you are single. You do not have to learn about kids if you have none. We won’t burden you too much with taxes if your estate size makes their application unlikely. But, if you are interested in other subject areas - please feel free to browse.
You may find it helpful to complete a typical estate planning questionnaire. A standard form Estate Planning Questionnaire is attached as appendix II. If you complete the questions, it will be of great assistance to you, to your estate planner and to your family.
8. What Do I Do When I Know Everything?
That depends. For some, a standard do-it-yourself Will may be completely appropriate. For others, this site is the starting point for a meeting with a capable estate planner. If you live in California, and do not already have an estate planning attorney you are comfortable with, I will be happy to assist in your personal estate planning. If you are in California, but just do not like my approach, I will be happy to refer you to other capable attorneys in the field. If you are out of California, we can refer you to a capable attorney where you live. This site will help you decide what you need.
One thought--you should hire an estate planning attorney (or any attorney for that matter) in the same way you would a plumber. Meet with the attorney, obtain an overview of the work needed and obtain an estimate. Be sure you are comfortable with him or her, and that the attorney has experience and expertise in the area in which you need help. If you are not comfortable for any reason (and especially if you think the pipes will still leak) get another attorney. Attorneys are professionals with impressive credentials, but you are hiring them to assist in the most personal of family planning matters. Your confidence and comfort level are critical in a good working relationship.
9. How Do I Contact You?
By snail mail, e-mail, fax or telephone. Please do not e-mail personal information, as this site is a public site without security. Any transmission of personal information to me, if you elect to do so, should be by fax or mail. There are forms for personal data on this site, but they are intended to be printed and used off line.
You can reach me as follows:
William R. Christian Rodi, Pollock, Pettker, Galbraith & Cahill 444 South Flower Street, Suite 1700 Los Angeles, California 90071 (213)895-4900 (213)895-4921 Fax wrc@rodipollock.com
Should you elect to engage me as your estate planning counsel, we will want to meet in person. I meet with many of my clients in Southern California at my office or at their homes or place of business. You may make our initial meeting more productive by referring to the estate planning questionnaire. This form should be printed and faxed. Do not send personal data on line.
10. Can I Ask You Questions On Line?
No. I’m sorry, but the rules about practicing law and the restrictions of various states are unclear. Being disbarred for trying to help would be most distressing. I am happy to try to respond to a personal fax or letter if I am qualified to do so. Keep in mind, I cannot advise you on the laws of any state other than California. I also have to run my business, which is estate planning for my clients. If you would like to become one, give me a call. If you need a local referral, just contact me. See "How Do I Contact You?" |
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