Estate Planning

“Planning is bringing the future into the present so that you can do something about it now.” ~ Alan Lakein


An Estate plan includes items such as a Will, Trust and Powers of Attorney. A good Estate Plan protects you and your family if something were to happen to you and you could no longer make choices for yourself.


When creating an estate plan, what should I consider?



Everyone needs a well-formulated and well-drafted estate plan. To learn more about useful and important estate planning tools and techniques, contact the legal team at The Swenson Law Firm. We would love to meet with you.

Estate Planning Frequently Asked Questions

  • What is estate planning and why is it important?

    Estate planning is the process of arranging for the management and transfer of your estate during your life and after death. It isn't just about money; it’s about ensuring your medical wishes are honored, your minor children are cared for, and your assets reach the right people without unnecessary taxes or legal fees.

  • Do I really need an estate plan if I’m not wealthy?

    Absolutely. In California, even a modest home can trigger a costly probate process. Estate planning is for anyone who wants to choose who makes their healthcare decisions, who should raise their children, or how their sentimental belongings should be distributed.

  • What happens if I die without a will in California?

    You die "intestate." This means the State of California decides who gets your assets based on a rigid legal formula. This often results in distributions that don't align with your actual wishes and can lead to family conflict.

  • What documents are included in a basic estate plan?

    A comprehensive plan typically includes:

    1. A Revocable Living Trust
    2. Certification of Trust
    3. Personal Property Memorandum
    4. A Pour-Over Will
    5. A Durable Power of Attorney (for financial matters)
    6. Healthcare Power of Attorney
    7. An Advance Healthcare Directive
    8. Real Property Transfer Documents

  • How often should I update my estate plan?

    We recommend a review every 2 to 4 years. However, you should update it immediately after major life events like marriage, divorce, the birth of a child, a significant change in assets, or moving to a new state.

  • When is the best time to create an estate plan?

    The best time is now. Estate planning is for the "unexpected." Waiting for a health crisis or an accident is often too late, as you must have "testamentary capacity" (be of sound mind) to sign these documents.

  • How much does estate planning cost in California?

    Costs vary based on complexity. A simple will is less expensive than a comprehensive trust-based plan, but a trust-based plan often saves the family tens of thousands of dollars in probate fees later on. We focus on transparent pricing that reflects the value of the protection provided.

  • Can I create an estate plan without an attorney?

    Technically, yes, but it is risky. Estate planning involves complex tax and property laws. A "DIY" mistake often isn't discovered until you pass away, at which point it may be too late (and much more expensive) for your family to fix.

  • What are the risks of using online estate planning templates?

    Generic templates often fail to account for California-specific laws (like community property or Prop 19 tax implications). They lack the personalized legal advice needed to ensure your specific family dynamics and tax situations are handled correctly.

  • How long does it take to create an estate plan?

    Typically, the process takes 3 to 6 weeks from the initial consultation to the final signing. This allows time for thoughtful decision-making and precise drafting.

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