Saugus, CA Estate Planning Attorney


If you're in Saugus, CA and you need estate planning advice (wills, living trusts, etc), feel free to reach out to our office to see if we can assist you.  

A living trust in California offers several benefits:
  1. Avoiding Probate: Assets placed in a trust do not go through the probate process, which can be lengthy and costly in California.
  2. Privacy: Unlike a will, a trust does not become part of the public record upon your death, thus providing more privacy for your estate. Wills are much easier to contest versus living trusts.
  3. Control and Flexibility: You can specify how and when your assets are distributed to beneficiaries, including conditions or timelines.
  4. Incapacity Planning: A living trust can provide instructions on managing your assets if you become incapacitated, avoiding the need for a conservatorship.  You want to make sure your friends and family have the legal tools required to help you in case you become incapacitated.  Most people think estate planning is about making sure your assets end up with the right people.  While that is true, people often forget that it's also about making sure people have proper legal authority to assist you if necessary.

A pour-over will is used in conjunction with a living trust. Its main features and importance include:
  • Asset Transfer: It directs any assets that were not transferred to the trust during your lifetime to "pour over" into the trust upon your death.
  • Backup Instructions: It serves as a backup in case you forget to transfer an asset to the trust during your lifetime.
  • Probate Avoidance: While it does not avoid probate entirely (since it must go through probate to pour assets into the trust), it streamlines the process.

Key powers to include in a durable power of attorney (POA) in California:
  • Financial Management: Authority to manage bank accounts, pay bills, and handle financial transactions.
  • Real Estate: Ability to buy, sell, or manage real estate.
  • Legal Actions: Power to engage in legal actions on behalf of the principal.
  • Health Care Decisions: Depending on the POA, it can include authority to make health care decisions or a separate health care POA is needed.

Pros and cons of a springing durable POA:
  • Pros: Only becomes effective upon the principal's incapacity, ensuring control remains with the principal while capable.
  • Cons: Requires proof of incapacity to activate, which can be cumbersome and may delay decision-making.

Advance Health Care Directive (AHCD):
  • Health Care Wishes: Clearly states your preferences for medical treatment and end-of-life care.
  • Agent Appointment: Appoints someone to make health care decisions on your behalf if you're unable to.
  • Legal Recognition: Ensures your wishes are legally recognized and followed.

HIPAA Laws and Access to Medical Records
HIPAA (Health Insurance Portability and Accountability Act) laws protect individuals' medical information:
  • Authorization: To grant access to your medical records to others, you can include specific HIPAA authorization in your AHCD or a separate HIPAA release form.
  • Designated Persons: You must specify who can access your records and for what purposes.

Saugus is a historic community in Santa Clarita, California:
  • Population and History: It has a rich history dating back to the 1800s, known for its role in the development of the Santa Clarita Valley and the Saugus Speedway, which was a prominent racetrack.
  • Unique Features: The area is known for its diverse population, including a mix of suburban neighborhoods and historical landmarks.
  • Saugus Train Station: The Saugus Train Station, built in 1887, is one of the oldest train stations in California. It originally served as a stop on the Southern Pacific Railroad line and is now a historic landmark that showcases the area's railroad history.
  • Saugus Speedway: Known as the birthplace of West Coast stock car racing, the Saugus Speedway operated from 1927 until its closure in 1995. It hosted various racing events and was a prominent entertainment venue in the region.
  • Saugus Café: Established in 1887, the Saugus Café is one of the oldest restaurants in Los Angeles County. It has a rich history and has been frequented by locals and visitors alike for its nostalgic charm and classic American diner fare.
  • William S. Hart Park and Museum: This park and museum complex is dedicated to William S. Hart, a silent film star and director who lived in Saugus. The museum showcases Hart's personal artifacts, western memorabilia, and a collection of his films.
  • The Saugus Formation: Geologically significant, the Saugus Formation is a sedimentary rock formation located in the region. It contains fossils dating back millions of years and is studied by paleontologists for its insights into prehistoric California.
  • Heritage Junction: Located adjacent to the Saugus Train Station, Heritage Junction is a historical park that preserves and showcases several historic buildings relocated from around the Santa Clarita Valley. It provides visitors with a glimpse into the area's early pioneer life.