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It’s Never Too Early for Estate Planning

At Bañuelos Law Office our attorneys work with clients to create a strategy for all of their estate planning and wealth preserving needs. We can answer your trust and estate questions and help you build your last will, testament, power of attorney, and your living will. Estate planning is a serious matter and should not be delayed regardless of your physical or medical situation. You do not need to be a millionaire to consider estate planning, in fact we recommend it for everyone as it is a key way to continue protecting your family. Keep in mind that if you don’t have a will in place upon death then state law gets to decide how to divide up your property!


Wills and trusts are often referred to when discussing estate planning, yet many do not fully understand the difference between the two, and how together they help create a robust estate planning strategy. One key difference between a will and a trust is that a will only goes in to effect upon death, whereas a trust can go in to effect immediately.

What is a will?

A will is a tool to help designate who will receive your property and to appoint legal representation to ensure your wishes are carried out. You can amend your will as often as you like, though again, nothing takes effect until after your death. These documents are very straightforward and are a useful way to help mitigate any complications for your loved ones should something happen to you.  There are limitations to what you can use your will to leave people though, let us help clarify all of these questions for you.

A living will differs in that it is meant to provide instruction if you ever become medically incapacitated. No one ever wants to think about being left in a coma or other serious medical condition, but without a plan in place you risk important decisions being left in the hands of people who may know little about your preferences. This document is solely focused on your healthcare preferences. It acts as your voice should you ever be in a situation where you are unable to speak for yourself.

What is a trust?

Once created a trust goes in to effect immediately; therefore, for example, property placed in a trust can begin to be distributed before, at, or after death. A trust is an arrangement where a person or institution, called a trustee, holds legal title to property for another person, or a beneficiary. Normally there are more than one beneficiary for a trust, and you can have beneficiaries that only start to receive benefits once the first beneficiary has died.

Call and schedule an appointment today to go over your estate planning needs.


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