Login
  • JOIN / RENEW
    • ​Join SDCBA
      • » Join Now!
      • Why Join?
  • ABOUT SDCBA
    • Why Join The SDCBA?
      • Reasons to Join
      • Members-Only Benefits!
      • Membership FAQ
      • More Membership Options
      • » Join Now
    • About
      • Mission, Vision, Core Values
      • Leadership
      • News
      • Annual Report
      • Past Presidents
      • Legends of the Bar
      • 100 Percent Club
      • Contact Us
    • Diversity
    • Sign the Diversity Pledge
    • Anti-Racism Resources
    • SDCBA Advocacy
      • ​Public Comment / Positions
      • Position Request Form
    • New Lawyer Division
    • Community Involvement
      • Pro Bono
      • Community Volunteering
      • Sports
      • Provisional Licensure
    • Service Awards
    • Join Lawyer Referral
    • Advertising/Sponsorsing
      • San Diego Lawyer Magazine
      • Online Advertising
      • Sponsorship Opportunities
      • More Opportunities
    • Publications
      • San Diego Lawyer Magazine
      • This Week at the Bar
      • For the Record
      • Blawg@401
      • Law+Tech Portal
      • Podcast
  • FOR MEMBERS
    • My Profile
    • COVID-19 Resources
      • SDCBA Updates
      • Court Updates
      • Legal Community Resources
      • Things To Enjoy At Home
    • Law Practice Management Videos
    • Leadership Speaker Series Videos
    • MEMBO! Videos
    • Law+Tech Portal
    • Wellness
    • Member Benefits
    • Join Lawyer Referral
    • New Lawyer Division
      • New Lawyer Division
      • More Ways to Get Involved
    • Build Your Practice
    • Law Student Members
    • Public Position Request Form
    • Legal Ethics
      • Hotline
      • Resources
    • Job Board
    • Free Notary
    • Community Involvement
      • Pro Bono
      • Community Volunteering
      • Sports
    • Law Related Orgs
  • NEWS
    • Press Releases
    • Public Comment / Positions
    • This Week at the Bar​
    • Blawg@401
    • Podcast
    • San Diego Lawyer Magazine
  • SECTIONS & COMMITTEES
    • Committees
    • Sections
    • New Lawyer Division
  • EDUCATION
    • SDCBA CLE Center™
    • Law Practice Management Videos
    • Leadership Speaker Series
    • LAW+TECH
    • Anti-Racism Resources
    • Call for Speakers
    • Sponsorship Opportunities
  • CALENDAR
    • All SDCBA Events
    • Education & CLE
    • Volunteer Opportunities
    • Legal Community
    • Sponsorship Opportunities
  • NEED A LAWYER?
    • Get a Lawyer Referral
    • Encuentre Abogado
    • Legal Information Videos
    • Information on Different Areas of the Law
    • Help with your Appeals
    • Resources
  • DIRECTORY

Wills, Trusts, Estate Planning & Elder Law

Understanding and planning for elder care and estate matters can be complex.  An attorney can help you understand your options. 

Contact a Referral Specialist

Glossary of Legal Terms

Get a Referral to a Lawyer

Key Terms and Issues in Wills, Trusts & Elder Law

  • What Is a Will?
  • A will is a legal document and a significant part of your estate planning, which generally covers the following four issues:

    • Who you want to be your executor.
    • Who is to receive your assets upon your death, naming individuals (beneficiaries) or organizations, such as a church or other nonprofit organization.
    • Who you want to be guardians of your children who are under the age of 18.
    • What desires you have regarding cremation, your funeral or burial.


    A living will is a legal and binding document showing a person’s desires regarding the use of life-support systems and other treatments, such as the use of feeding tubes when they are either unconscious or terminally ill. It allows a person to explain in writing which medical treatment he or she does or does not want. A living will takes effect only when the patient can no longer express his or her wishes.

  • Executor
  • This is a person named in your will who is appointed to manage the disposition of your estate according to the instructions set forth in your will. They are in charge of paying your debts, expenses and taxes. According to the terms of your will, an executor will name the personal guardian to raise your minor children if you or the other parent isn’t available. An executor should be a person you trust and does not necessarily have to be a family member or person otherwise named in the will.
  • What Happens If You Die Without a Will?
  • If you die without a will, also called intestate, California law will determine the beneficiaries of your estate. The state will locate a spouse or registered domestic partner if one is available. If not, the assets will go to family members. Generally, a surviving spouse is entitled to the majority of a decedent’s estate, followed by children and parents and then other closest relatives. Many of these state laws are governed by the 1990 Uniform Probate Code, although the specific adoption, application and execution of the code will vary from state to state.

  • How Can I Make a Will?
  • In California, there are only a few requirements for a will to be valid:

    • The will may be typed or handwritten.
    • The person (testator) writing the will should be of sound mind, 18 years old at a minimum and able to sign the will.
    • The will should be witnessed by two competent individuals (preferably not beneficiaries) who will also sign it saying that they either saw the testator sign the will in their presence or they have been told by the testator that their signature is on the document. Additionally, one witness should sign in the presence of the other witness. There may be exceptions to this rule when the person cannot sign or has a conservator (someone assigned to handle another’s affairs when they cannot handle them themselves).
  • What Is a Trust?
  • In general, a trust is a relationship in which one person holds title to property, subject to an obligation to keep or use the property for the welfare of another. It may also be described as a legal entity that acts as fiduciary, or a trustee on behalf of another for the purpose of the current administration and future transfer of assets. An individual may control the distribution of their property during their life or after their death through the use of a trust. There are various types of trusts and many purposes for their creation. A trust may be created for the financial benefit of the person creating the trust, for children or a surviving spouse or for a charity.
  • Will vs. Trust: What is best for me?
  • What are the benefits of having a will or a trust? Which is best for me?

    Do you have a small estate? A will is easier and less expensive to set up and maintain that a trust for someone if they have a limited assets or a small estate.

    A trust may is established for the following reasons:

    • Establish who will manage your estate should you become incapacitated
    • To provide long term support for maintenance for a child or dependent with special needs
    • If you have minor children
    • To limit the amount of money a beneficiary can receive at any one time and to prevent the beneficiary’s creditors and others from reaching the funds.
  • Advantages of Creating a Trust
    • Put conditions on how and when your assets are distributed after you die;
    • Reduce estate and gift taxes;
    • Distribute assets to heirs efficiently without the cost, delay and publicity of probate court. Probate can cost between 5% to 7% of your estate;
    • If you have minor children
    • Distribute assets to heirs efficiently without the cost, delay and publicity of probate court. Probate can cost between 5% to 7% of your estate;
    • Better protect your assets from creditors and lawsuits;
    • Name a successor trustee, who not only manages your trust after you die, but is empowered to manage the trust assets if you become unable to do so.
  • When a Will Can Work For You (Under $150,00 in Assets)
  • A last will is the most basic way to plan an estate. A will is easier and less expensive to set up and maintain that a trust for someone if they have a limited assets or a small estate. A will allows for you to plan for more personal matters, such as funeral arrangements, how his children should be raised, care for his surviving pets or any other wishes requested.

What to Ask Your Lawyer?

  • What needs to be included in my will?
  • How do I leave my assets to charitable organizations?
  • How do I choose an executor, and what are their responsibilities following my death?
  • What happens if my will is contested?
  • What do I put in my trust?
  • What are non-trust assets?
  • What is right for me, a will or trust?

Disclaimer: The information on this page is to aid your general understanding of general law issues and terms. This information does not constitute legal advice and should not be depended upon for that purpose. Laws are constantly changing and may at any time render the information found here invalid, so you will want to do further research on your own. For legal advice, consult an attorney. If you need a referral to an attorney, contact the SDCBA’s Lawyer Referral and Information Service at www.sdcba.org/ineedalawyer.

Updated 3/28/2018

Coffee with Counsel

Resources

  • State Bar Of California: Wills, Trusts, & Estate
  • AARP: 10 Things You Should Know About Living Trusts
  • San Diego Law Library
  • Issues with your attorney's bill?

En Español
Return to Law Information Hub

Disclaimer/Copyright/Privacy Statement

401 West A Street, Suite 1100 San Diego, CA 92101

(619) 231-0781 - bar@sdcba.org