Southern California Probate & Estate Planning Attorneys

At Mortensen & Reinheimer, PC we focus on what we know best – probate administration, estate planning, wills, trusts, powers of attorney, marital property agreements, business formation, and advanced estate planning.

We are dedicated to informing, protecting and helping you through life’s most important decisions. Our goal is simple: to serve the best interests of our clients. When you need proven legal experience, come to Mortensen & Reinheimer, PC. We are here to listen and assist in protecting you, your family and your assets.

Mortensen & Reinheimer, PC rise above the rest for a number of reasons: our professionalism; our knowledgeable team; our reputation for providing high quality and individual legal representation throughout Southern California. To put it simply, we are successful because we do what we do well. Mortensen & Reinheimer, PC can confidently say we are experts.

We do not believe in one-size fits all solutions or packages. Each client has unique needs and desires. We tailor our solutions and our services to fit your personal goals. We view each client as an individual and therefore concentrate on providing individual service. We consider ourselves to be your partner in defining your objectives and working together to achieve the results you want.

If you do not plan your estate in advance, you will be relinquishing any control over what happens to you and your assets - the things you have worked so hard to acquire - upon incapacity or death. It will be left to a judge to appoint someone to handle your personal care and assets in the event you become incapacitated or upon death.

The minimal estate planning protection everyone should have is a valid will. A will is a legal document expressing the wishes of a person regarding how they want their possessions disposed of after their death.  Only you or an attorney can legally draft a will for yourself. However, wills that have been drafted by the individual are often incomplete or inaccurate, and are declared invalid. If the will does not follow state law, it may be void. An invalid will is worthless, as if the person did not have one.

If someone dies without a will their assets are distributed to their heirs according to a set of rules known as “intestate” succession. Intestate means someone died without having made a legally valid will. This way of distributing your assets may not be what you wanted. For example, a fiancé or significant other is not part of the intestate succession. They would not be protected or receive any of your assets.

When someone dies, their estate enters probate whether they had a will or not. During the probate process, a will is declared valid or invalid.  Probate is also the legal process of managing and distributing the decedent’s estate. You may direct this distribution through your will. If no will exists, the property is distributed according to intestate succession, that is, to your closest living relatives (spouse, children, parents, siblings, etc.).  Probate is a time consuming and costly legal procedure.  Planning your estate in advance can avoid the hassle and cost of probate.

The best way to avoid probate is to make a living trust.  A trust is a legal title to property held by an individual or group for the benefit of another. There are many types of trusts and many reasons for their creation. The most commonly used trust is a revocable, living trust.  To ensure that you choose the right type of trust, it is best to have an experienced and qualified attorney properly and legally create it for you.

Another important part of a good estate plan is the power of attorney.  In general, a power of attorney is a written document where an individual appoints another individual to act as an agent on their behalf. The agent is granted authority to perform certain acts or functions on behalf of the individual. There are many types of powers of attorney. To ensure you have the proper power of attorney and have only granted the authority you intended, a lawyer knowledgeable in the kinds of powers of attorney should write it for you.

Simply put, estate planning is done to protect your loved ones’ futures. It is the greatest gift you can give them. Estate planning is the process of creating a deliberate plan to manage and distribute your assets as well as carrying out your wishes regarding caretaking of your person or remains upon your incapacity or death. This process requires you to gather together all of your assets and make decisions as to who shall receive them. It requires you to evaluate the financial and tax consequences of those actions and prepare for them.

Everyone needs to consider estate planning whether their estate is large or small. Without the protection of an estate plan, your loved ones are vulnerable to the decisions of a judge and state laws, as well as substantial taxes and probate costs. The estate plan will ensure your assets go to the individuals you want. The plan may not completely eliminate taxes and probate costs, but it can substantially reduce them.

Estate planning is not just about your assets, it is also about you. What happens to you if you become incapacitated and unable to make health care and personal care decisions for yourself? If your wishes are not legally documented, your care may be in the hands of someone appointed by a judge. You must plan ahead so your wishes are known and can be legally enforced.

Estate planning is the necessary protection so all your wishes can be followed. It is the legal avenue that gives you a say in what happens to you and your assets. It is a way of preserving your assets for your beneficiaries and reducing or postponing the amount of estate tax that might be payable after your death.

Probate and estate planning are complicated and sensitive issues. It is extremely important to have an attorney you can work with and who will consider what is best for you and your beneficiaries. Make sure you have the protection you need and your family deserves.