California Estate Planning Services

Helping You Protect What Matters Most: Your Family, Your Assets & Your Peace of Mind

Our Estate Planning Services in Encinitas

At the Law Office of Emily Hester in Encinitas, we specialize in creating personalized estate plans for your family. We do not have a one-size fits all solution. We tailor plans to your unique family dynamics and assets.

Whether you're setting up a living will or trust, establishing powers of attorney, creating advance healthcare directives, or securing guardianship for your minor children, we're here to guide you every step of the way.

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Revocable Living Trusts & Wills

Living Trusts and Wills ensure your assets pass to the people you choose in the way that you want. We strive to keep your family out of court and out of conflict.

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Power of Attorney & Health Care Directives

Powers of Attorney & Advance Health Care Directives ensure your agents can make financial, medical, and legal decisions for you if you become incapacitated.

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Planning for Your Minor Children

Minor children have unique needs. We ensure your kids, and the money you leave behind for them, will be cared for by the people you want in the way that you want.

California Estate Planning FAQs

  • An estate plan is a collection of legal documents that outline how your assets will be managed and distributed in the event of your death or incapacity. Your estate plan ensures that your wishes are honored, reduces the burden on your loved ones, and can help avoid a costly probate process in California. Your estate plan should also protect your minor children, minimize taxes, and plan for your future medical care.

  • A complete California estate plan typically includes:

    • Revocable Living Trust – Allows assets to be managed and transferred without probate.

    • Pour-Over Will – Ensures any remaining assets are transferred to the trust.

    • Durable Power of Attorney – Appoints someone to manage financial and legal matters if you become incapacitated.

    • Advance Health Care Directive – Specifies your medical preferences and appoints someone to make healthcare decisions if you are incapacitated.

    • HIPAA Release - Lists the people who you want to have access to your medical information in the future.

    • Guardianship Nominations– Names guardians for minor children.

  • California has a default estate plan for you if you do not create your own. If you own a home, have children, or want to avoid California’s lengthy and expensive probate process, an estate plan is essential. It’s especially important for parents of minor children, blended families, and individuals who want to ensure their healthcare and financial decisions are handled according to their wishes.

  • The length of the estate planning process depends on the complexity of your situation, but most estate plans will be completed within 4 to 8 weeks. At The Law Office of Emily Hester, we streamline the process by guiding you through each step, ensuring your plan will work for your family when needed.

  • The cost of estate planning varies depending on the complexity of your plan and the services required. Generally speaking, a will-based plan is less expensive than a trust-based plan. We do not bill by hour and only offer transparent, flat-fee pricing so you know the cost upfront and will not receive a surprise bill in the mail. All of our flat-fee packages include all ancillary costs such as notary fees, recording fees, etc.

  • Some families might be good candidates for a DIY estate plan, but most will benefit from working with an attorney since a DIY plan will not address your unique needs. Mistakes or omissions in DIY documents can lead to costly legal battles later in time. Working with an attorney ensures that your plan is customized to your goals and designed to protect your loved ones. If you have minor children, own your home, have your own business, or want to provide for someone with special needs, you will benefit from consulting with an estate planning attorney.

Why Estate Planning Matters & How We Help

Avoid Probate Court

Probate is a public and expensive process that can be easily avoided. We will help you avoid leaving a mess for your family by creating a revocable living trust for your family.

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Take Care of Your Kids

Documenting your wishes ahead of time will give you peace of mind. We will help guide you to make all of the hard decisions in advance to eliminate any confusion and stress for your loved ones later.

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Have Peace of Mind

Only you know what is best for your kids. We will counsel you to create a plan that will take care of your kids both emotionally and financially.

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Plan for Incapacity

We can’t predict the future, but we can plan for the unexpected. We will assist you with appointing agents to make important decisions for you if you are someday not able to make those decisions yourself.

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Take the First Step by Scheduling an Intro Call

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  • Schedule a complimentary intro call to assess your estate planning needs and learn more about our processes.

  • Answer an online questionnaire about your family dynamics and your assets before coming in for a Planning Session with Emily Hester.

  • Attend a Planning Session with Emily Hester and virtually design a plan that will keep your family out of court and out of conflict.

  • Comprehensively review your plan and then sign all of your documents before a mobile notary at your home or office.

  • Meet with Emily Hester to discuss retitling your assets and updating your beneficiaries to align with your Trust.

California Estate Planning Blog

Have you named legal guardians for your kids?

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Download Our Free Kids Protection Planning Guide

When thinking about whether this is the right time to do your estate planning, ask yourself these questions:

  1. Who would take care of my kids if something happened to me and my partner?

  2. Would my loved ones have immediate access to enough financial resources to properly care for my children?