Summer is right around the corner—and that means vacations. Whether you’re planning a road trip, booking flights, or setting sail on a cruise, travel plans are likely at the top of your list. But before you head out, it’s worth taking a moment to consider your estate planning.
There are several tools available to help protect you and your family, ideally including a revocable living trust and incapacity documents. Realistically, though, most people aren’t going to complete a full estate plan right before a trip. If it comes down to choosing between a vacation in Hawaii and estate planning, the vacation usually wins. Fortunately, that doesn’t mean you have to travel unprotected. There are a few simple steps you can take now, with the understanding that they should not replace a comprehensive estate plan prepared with an attorney.
One quick way to ensure your assets are distributed according to your wishes is to create a holographic will. This is a will that is entirely handwritten and signed by you, the testator.
In California, a valid holographic will must be written (not typed), signed, and dated by a person who is at least 18 years old and of sound mind. It does not need to be notarized or witnessed. However, keep in mind that if your estate exceeds the probate threshold of $208,850 (after exemptions), it will still need to go through probate before assets can be distributed.
While a holographic will addresses what happens after death, it does not cover situations where you may become incapacitated. It’s important to consider who will make financial and medical decisions on your behalf if you are unable to do so.
A Uniform Statutory Form Power of Attorney (under California Probate Code Section 4401) can be prepared relatively quickly. This document allows you to appoint someone to handle your financial matters if you become incapacitated. Be sure to read the form carefully—many powers of attorney take effect immediately unless you specify otherwise. This document must be signed and notarized.
An Advance Health Care Directive allows you to name someone to make medical decisions on your behalf and to outline your wishes for care. These forms are often available through your physician or medical provider. While a copy may be kept on file with your provider, you should always keep one for yourself and ensure it is properly executed, which may require witnesses or notarization.
Finally, make sure the individuals you’ve chosen have access to these important documents.
These steps can provide peace of mind before traveling, but they are not a substitute for a comprehensive estate plan. Every situation is unique, and working with an attorney is the best way to ensure your wishes are fully protected.
We offer free estate planning consultations—contact us today to discuss the best options for you and your family.
Lauren C. Jones Law | 916.226.4470 | www.laurencjoneslaw.com
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