Creating a will is often seen as a task reserved for older individuals who have accumulated substantial assets or have reached a certain stage in their lives. However, the notion that wills are only for the elderly is a misconception that can have serious consequences. Regardless of age, having a will is a crucial step in ensuring your wishes are carried out and your loved ones are protected. Mary Ann Tardiff, a Robles attorney who prepares wills and trusts for Paso Robles and the Central Coast has prepared the top reasons why you are never too young to create a will.

• Protecting what one has: Even young adults just starting out have some assets to their name. These assets may include a car, a savings account, or personal belongings that hold sentimental value. Having a will in place means individuals can specify how these assets are to be distributed in the event of their passing. Without a will, California probate law determines how assets are distributed, which may not align with one’s wishes.
• Designating beneficiaries: A will allows individuals to designate specific individuals or organizations as beneficiaries of their estate. This is especially important if there are specific people or charities to receive specific assets. By naming beneficiaries in the will, individuals ensure that the assets go to the intended recipients.
• Appointing a guardian for minor children: A will is crucial for establishing guardianship of minor children. Through the will, individuals can appoint a guardian who will be responsible for their care and upbringing in the event of their untimely passing. Without a will, the court will decide who will take on this role, and their decision may not align with one’s wishes or the children’s best interests.
• Avoiding family disputes: Sadly, a death in the family can lead to family disputes and legal battles. A will can help minimize the chances of disagreements among family members regarding the distribution of assets. Creating a will provides a sense of clarity and reduces the emotional burden on loved ones during an already difficult time.
• Planning for unexpected events: Tragedies can strike at any age, and being prepared is essential. Creating a will ensures that there is a plan in place, regardless of one’s age or health status. It allows individuals to make decisions regarding life-saving medical treatments, organ donation, and funeral arrangements, relieving family members from having to make these difficult choices on their behalf. Including the will and other documents such as an Advanced Health Care Directive, in a properly constructed trust is the strongest insurance that one’s wishes will be honored. Mary Ann Tardiff is the attorney who can help make sure wills and trusts for Paso Robles and Central Coast residents are completed properly.  
• Business succession planning: If individuals own a business, regardless of its size, a will can outline their wishes for its continuity after their passing. They can name a successor or specify how they want the business to be handled, preventing potential disputes among partners or family members.
• Updating the will as life changes: Creating a will is not a one-time event; it’s an ongoing process. As individuals grow older, their life circumstances and priorities may change. By creating a will early on, individuals establish a foundation that can be updated and modified as needed throughout their life. Regularly reviewing and updating the will ensures that it accurately reflects one’s wishes and avoids any unintended consequences.

In conclusion, age should never be a barrier when it comes to creating a will. Regardless of one’s youth or the size of their estate, having a will in place provides peace of mind and protects loved ones. By taking this proactive step, individuals can ensure that their assets are distributed according to their wishes, their children are cared for, and potential conflicts are minimized. Don’t wait until it’s too late – start planning for the future by creating a will today.

Mary Ann Tardiff has been preparing wills and trusts for Paso Robles and the Central Coast for over 30 years. Her practice also includes business law, elder law, consumer rights, and more.

Call the Law Offices of Mary Ann Tardiff today!

Age discrimination in the workplace can be a serious issue, and it’s important to be aware of the signs that an employer may be engaging in such practices. Here are some common signs of age discrimination from Atascadero attorney, Mary Ann Tardiff.

• Biased hiring practices: If the job postings consistently contain language that implies a preference for younger candidates, or if older candidates are consistently overlooked during the hiring process, it could be a sign of age discrimination.
• Age-related comments or jokes: If there is a prevalent culture of making derogatory or demeaning remarks about older employees or candidates, it may indicate a discriminatory attitude towards age.
• Lack of promotions or career development opportunities: If older employees are consistently passed over for promotions or are not given opportunities for career advancement, while younger employees with similar qualifications and experience are promoted, it could suggest age discrimination.
• Unequal treatment or policies: If an employer implements policies or practices that disproportionately affect older employees, such as mandatory retirement ages or limiting training opportunities for older workers, it may be indicative of age discrimination.
• Harassment or exclusion: If older employees are subjected to harassment or exclusion based on their age, either by colleagues or supervisors, it may be a form of age discrimination.
• Sudden changes in job requirements: If an employer abruptly changes job requirements or expectations in a way that disproportionately affects older employees, it may indicate an attempt to push them out of the organization.
• Disproportionate layoffs or terminations: If older employees are consistently targeted for layoffs or terminations, particularly if they are replaced by younger, less experienced workers, it could suggest age discrimination.
• Disparate access to benefits: If there is a discrepancy in the availability or quality of benefits, such as health insurance or retirement plans, between older and younger employees, it may be a sign of age discrimination.

It’s important to note that while these signs may indicate age discrimination, they do not guarantee its presence. If you suspect age discrimination, it’s advisable to consult with an attorney who can investigate the matter and represent your interests if you have been discriminated against because of your age.

Mary Ann Tardiff is an attorney in Atascadero, CA who works to help senior citizens with a variety of matters including:

• Estate planning, wills, trusts and tax issues
• Powers of Attorney
• Living wills or Advanced Health Care Directives
• Social Security benefits, Medicare and Medicaid coverage
• Retirement living, assisted living, nursing home and in-home care
• Age discrimination and elder abuse
• Assisting families with elder care issues

Most seniors live vital active lives but aging often brings complications from society that are not experienced by younger people. Age discrimination is only one of those complications that can create personal problems, cause concern for loved ones, and attract unwelcome attention from those who do not have senior citizens’ best interests at heart.

All stages of life are meant to be enjoyed with peace of mind. Mary Ann Tardiff, the Atascadero attorney, serves the needs of senior citizens. Knowing that as many of life-matters as possible have been addressed in advance is one path to comfort in our senior years.

Call for an appointment today.

Probate court is an important part of estate planning in California and understanding how it works can help people ensure that their property and assets are distributed according to their wishes after death. Mary Ann Tardiff, the Atascadero estate planning attorney recently released a summary of the impact probate proceedings can have on an estate and how to legally avoid probate.

Probate court is a division of the California court system that handles the distribution of a deceased person’s assets and property. When a person dies, their assets and property become part of their estate. The probate court is responsible for overseeing the distribution of the assets and property to the deceased person’s heirs or beneficiaries.

The probate court’s main function is to ensure that the deceased person’s assets and property are distributed according to their wishes, as outlined in their will. If there is no will, the court will distribute the assets and property according to California law. The probate court also oversees the payment of any debts or taxes owed by the deceased person.

Although the court makes every effort to be fair and abide by the will, this doesn’t always happen. Loved ones and favored charities may not receive the assets intended for them if the court determines otherwise. If the will is challenged, distribution of assets may be delayed and may not happen as intended. Challenges to the will and creditors claims on the estate can prolong the probate process and become expensive. The court has the authority to order certain assets be sold to meet expenses, regardless of what the will specifies. If an heir presents a strong enough, valid protest, they could be awarded assets that are meant for someone else.

“The best way to avoid probate court have an estate plan that includes a revocable trust  (living trust) and a will, along with an Advanced Health Care Directive (AHCD) and appropriate powers of attorney,” reports the Atascadero estate planning attorney. There are also other legal methods, such as:

• Transfer on Death (TOD) processes that transfer ownership of certain assets up death. Property that has TOD beneficiaries is protected from probate proceedings by California law.
• Naming beneficiaries on insurance policies and some investment accounts.
• Making sure that real property and other titled assets are recorded correctly so they automatically pass on to a surviving spouse or domestic partner.

A will alone is not enough to avoid probate court, but a trust is. When someone dies without a trust and a will, and the estate is worth more than $184,500, the estate automatically goes to the probate court. Almost everyone who owns real estate in California already has assets at this threshold.

Additionally, for those who own, or are partners in, a business, it’s important to make sure the business continues in a manner that protects partners and family. An individual’s interest in a business is an asset that can also be subject to probate proceedings without the appropriate protection.

A meeting with the Atascadero estate planning attorney can help you fully understand the probate process and the legal processes that are available to keep an estate out of probate court, ensuring your wishes are honored upon your death.

Benefits of an estate plan include: 

• Minimizing estate taxes.
• Personal peace-of-mind knowing that your wishes will be honored.
• Flexibility and control over your estate when the right kind of trust is established.
• Protection of assets during your lifetime.
• Avoid probate court, fees and delays in settling your estate.

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff is an experienced attorney who can advise about a successful estate plan. Through detailed analysis, Mary Ann:

• Inventories all of your assets.
• Assist with retitling of assets and preparing deeds.
• Transfer those assets so they are properly held in your trust.
• Establish guardianship for minor children, dependent adults who rely on your care and even beloved pets.
• Assist with setting up college funds.
• Make sure your favorite philanthropic causes are included in your estate plan.
• Draft a will.
• Assist preparing an AHCD and provide guidance for the appropriate powers of attorney related to the estate plan.
• Establish trusts and other legal entities beneficial to the estate.

Law Office of Mary Ann Tardiff
6907 El Camino Real, Ste A
Atascadero, CA 93422
(805) 451-6683

-Estate planning is an essential part of protecting assets during one’s lifetime, making sure those assets are distributed as desired upon death and avoiding probate proceedings. “But,” reports Paso Robles estate planning attorney, Mary Ann Tardiff, “there are other legal ways to transfer ownership of certain kinds of assets and avoid probate without a will or a trust.”

California law provides for “Transfer on Death” (TOD) for certain assets, including vehicles and mobile homes. Designating a TOD beneficiary can be an effective way to keep vehicles and mobile homes out of probate, according to experts. By naming a specific individual as a TOD beneficiary, the property can be transferred directly to them after the owner’s death, bypassing the probate process. However, there are limitations on when and how TOD designations can be used, and expert advice may be necessary to navigate the process.

The following information summarizes the steps for making TOD designations for vehicles and mobile homes, as well as the responsibilities of beneficiaries. Mary Ann Tardiff, the Paso Robles estate planning attorney, is available to assist and make the process as seamless as possible.

• Designating TOD for vehicles: In California, a TOD beneficiary can only be designated when there is one registered owner of the vehicle. The owner retains full ownership of the vehicle and can sell it, scrap it, or donate it without notifying the TOD beneficiary. The TOD designation is revocable at any time by completing and filing a new certificate of title. To designate a TOD beneficiary for a vehicle, the owner must enter the new registered owner’s name, the initials “TOD” and the beneficiary’s name on the California Certificate of Title (pink slip). The completed and signed form must be turned in to the DMV along with the appropriate fees. Upon the owner’s death, the named beneficiary must complete certain information on the title, sign it and submit the signed title and the DMV Statement of Facts (REG 256) form to the DMV. The DMV may also require additional documentation such as a copy of the death certificate.
• Designating TOD for mobile homes: In California, mobile homes that are not on a permanent foundation are registered through the California Department of Housing and Community Development (HCD). A TOD beneficiary can be designated on a mobile home by completing and filing a “Transfer on Death Beneficiary” form. The beneficiary cannot be a registered owner of the mobile home. The TOD is revocable during the owner’s lifetime and the beneficiary does not take any ownership interest while the owner is still alive. The beneficiary can secure ownership after the owner’s death by submitting the certificate of title, a completed and signed “Transfer on Death Beneficiary” form, and a certified copy of the death certificate to HCD.

The beneficiary of a vehicle or mobile home is responsible for providing the necessary forms and fees to the appropriate agency. They are also responsible for rent or payments due as well as fines or penalties that may be levied on the property. The beneficiary is also responsible for current registration and associated fees and may also sell, trade, or transfer the title to the property.

While California’s TOD processes for vehicles and mobile homes are relatively straightforward, expert advice may be necessary for certain situations. Mary Ann Tardiff, the Paso Robles estate planning attorney, can assist with designating TOD beneficiaries and making sure the transfer is completed as easily as possible.

An attorney for over 30 years, Mary Ann Tardiff is available during regular business hours, or other flexible times as needed by clients. She also makes house calls when the circumstances call for in-home appointments. Tardiff practices law in a down-to-earth practical manner that works for ordinary daily lifestyles. “I’m a person like everyone else who just happens to be an attorney,” says Tardiff.

After completing a B.A. at the University of California, Mary Ann attended the Santa Barbara College of Law, graduating with her J.D. degree in 1984. She was admitted to the California Bar Association in 1986. She has served as a commissioner on the Board of Parole Hearings for the California Department of Corrections, as a Judge Pro Tem and practiced law in Santa Barbara before moving to Atascadero. She serves and supports the local communities and all of San Luis Obispo County and Monterey County.

Her broad legal experience and commitment to down-to-earth, affordable and practical solutions for her clients make her a top choice to call for legal services.

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451-6683

-“Estate planning is an essential tool that can help protect elders from various forms of abuse, including financial abuse,” reports Atascadero estate planning attorney, Mary Ann Tardiff. However, with careful estate planning, seniors can minimize their risks and protect their assets and dignity.

As people age, they become increasingly vulnerable to financial exploitation and abuse, particularly from family members or caregivers who have access to their finances. One of the primary reasons why estate planning is so important for seniors is because it allows them to maintain control over their assets and affairs. By creating a will, trust, or other estate planning document, seniors can ensure that their wishes are followed and that their assets are distributed according to their desires. This not only protects their assets from being mismanaged or misused, but it also helps prevent family members or caregivers from taking advantage of their finances.

Another critical aspect of estate planning is the appointment of a trusted executor or trustee to manage and distribute assets according to the senior’s wishes. This individual can act as a watchdog to ensure that the senior’s assets are not mismanaged or misappropriated by unscrupulous family members or caregivers. The Atascadero estate planning attorney, who also advises and represents individuals in matters of elder law, is ready to assist senior citizens set up an estate plan.

Estate planning also allows seniors to plan for incapacity or disability. Many seniors are afraid of losing control of their lives, especially if they become incapacitated or disabled. However, by creating powers of attorney, health care directives, and other estate planning documents, seniors can designate trusted individuals to make decisions on their behalf and ensure that their wishes are followed.

Moreover, estate planning can help protect seniors from other forms of abuse, such as physical or emotional abuse. By creating a durable power of attorney, seniors can authorize a trusted individual to make decisions on their behalf, including removing them from potentially dangerous situations or abusive caregivers.

Unfortunately, scammers and fraudsters often target seniors who are vulnerable and easily susceptible to their tactics. With proper estate planning, seniors can put in place measures to prevent fraudulent activities, such as designating a trusted individual to oversee their finances or putting restrictions on their accounts to limit access.

In addition to the benefits mentioned above, the Atascadero estate planning attorney can also help seniors avoid probate and minimize taxes, which can help protect their assets and provide financial stability in their golden years.

Estate planning is a crucial tool that can help protect elders from financial and other forms of abuse. By taking the necessary steps to plan for the future, seniors can maintain control over their assets and affairs, appoint trusted individuals to manage their affairs, plan for incapacity or disability, and protect themselves from scams and fraudulent activities.

It’s never too late to start planning for the future and taking steps to ensure security and well-being. Mary Ann Tardiff is an experienced attorney who can advise on the most successful ways to achieve estate planning goals.

A properly established estate plan is one legal way to avoid probate court. California probate processes are activated when someone dies without a will or has a will and assets valued at more than $184,500, or the will is contested. The court distributes the assets according to state law, which may not be in agreement with your wishes.

An attorney for over 30 years, Mary Ann Tardiff practices law in a down-to-earth practical manner that works for ordinary daily lifestyles. “I’m a person like everyone else, but I just happen to be an attorney as well,” says Tardiff.

After completing a B.A. at the University of California, Mary Ann attended the Santa Barbara College of Law, graduating with her J.D. degree in 1984. She was admitted to the California Bar Association in 1986. She has served as a commissioner on the Board of Parole Hearings for the California Department of Corrections, as a Judge Pro Tem and practiced law in Santa Barbara before moving to Atascadero. She serves and supports the local communities and all of San Luis Obispo County and Monterey County.

Her broad legal experience and commitment to down-to-earth, affordable and practical solutions for her clients make her a top choice to call for legal services.

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451-6683

-Consumer protection covers a wide range of businesses and services and touches on just about every aspect of daily life. “Along with government agencies that oversee various businesses and professional services, there are state and federal laws that protect consumer rights and provide recourse when those rights are violated,” says Atascadero attorney Mary Ann Tardiff.

Consumer protection laws are designed to protect consumers from fraudulent business practices, faulty products and other actions on the part of businesses that bring harm of any kind. From the neighborhood convenience store to banks, professional services and even how the power company treats its customers are all covered by laws to protect the consumer. There are government agencies that oversee businesses and filing a report with the appropriate agency is often the first step to getting some satisfaction when someone feels their rights as a consumer have been violated.

Finding the appropriate agency can be confusing and it’s important to have all kinds of information ready before filing the complaint. A summary of the situation is necessary, along with copies of receipts, letters, email and text messages, the name and address of the business, the names and titles of people you spoke with and records of the dates, times and details about the discussions.

It’s no wonder so many people don’t follow through and get the justice they deserve. The Atascadero attorney believes that every consumer who is standing up for their rights is entitled to the best assistance possible. Tardiff’s goal is to streamline the process so that offended consumers receive the justice they are due.

Consumer protections fall into many categories including:

• Banks and financial institutions.
• Credit card companies.
• Environmental issues.
• Product quality and safety, including food, medications, vehicles, sporting equipment and toys and more.
• Malpractice.
• Credit accounts, credit reporting and debt collection.
• Predatory business practices.
• Deceptive business practices.

From trying to return a faulty television to the local department store, trying to return the lemon to the auto dealership, losing thousands of dollars to a predatory business, or being injured, there comes a point when the offended consumer needs the assistance of an experienced attorney.

“When you feel your rights as a consumer have been violated,” says the Atascadero attorney, “sometimes a phone call to the right person is all it takes to make things right.” When a sales clerk refuses to exchange the faulty television, just talking to the manager may be all that needs to happen. “Reaching out to the right person is often all it takes,” says Tardiff, “and sometimes a phone call from an attorney is all it takes to solve the problem.”

Tardiff has the following tips for those who feel they have been defrauded or harmed:

• Take photographs of the products.
• Download and keep any advertising regarding the product or service.
• Keep records of whom you contact, the date and time and the conversation.
• Keep all receipts.
• Make a chronological list of everything you have done regarding the matter.
• Keep all medical records if applicable.
• Get copies of any police reports.
• Be as clear as possible about how you want the matter resolved.

For some consumer rights matters, it’s important to work with a knowledgeable attorney. Wading through the myriad regulatory agencies that oversee various industries to find the right set of laws and the right agency can be discouraging. As an example, when a bank causes a depositor to lose money, it’s not as simple as picking up the phone and filing a complaint. Banks in the United States are regulated at both the federal and state levels and depending on the bank and how it is organized and structured, it may be subject to more than one regulatory agency.

Mary Ann Tardiff has been an attorney for over 30 years. Her vast experience as an attorney, Commissioner, and Judge Pro Tem, as well as her dedication to providing affordable and timely legal services, make her an ideal choice when seeking legal services.

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451-6683

-The Law Office of Mary Ann Tardiff recently announced new fixed fees for estate plans. The Atascadero-based attorney provides estate planning, wills, and trusts to Paso Robles, Atascadero and the California Central Coast.

Fixed fees, along with making house calls, are part of Tardiff’s common sense approach to her law practice. Practicing law for over 30 years, Tardiff emphasizes working with people’s daily lifestyles. “People have lives that don’t always fit into normal fee structures or even the 8–5 office structure,” said Tardiff. “Fixed fees are a down-to-earth way to help my clients take care of important estate planning. So is my house-call service. I’m a person like everyone else, who just happens to be an attorney.”

“Why do I need an estate plan? I’m not rich,” is the response from most people when the topic comes up. However, wealth isn’t a requirement for an estate plan, and many are surprised to discover how much value their possessions are actually worth. Anyone who has assets that are worth more than $184,500 total needs a will and trust if living in Paso Robles or anywhere in California.

In California, when someone dies, leaving an estate valued at more than $184,500 that is not included in a trust the California Probate Court distributes assets according to state law, regardless of someone’s wishes. Anyone who owns real estate in California has an estate worth more than $184,500, even if the only property is the old family home that was purchased in the 1960s.

A will alone can be contested, drawing out legal proceedings for months or years, and there is no guarantee the decedent’s wishes will be honored. Since there is more to an estate plan than just deciding which relative gets which assets, it’s even more critical to set up an estate plan that includes a trust and a will. The trust makes sure that important matters are carried out according to the decedent’s wishes, including:

• Guardianships for minor children or dependent adults
• Beneficiaries of insurance policies
• Disposition of personal property, including the family home and any other real estate
• Care for pets
• Living will, or Advanced Health Care Directive (AHCD), which specifies health care in the event of serious or life-threatening injury and end-of-life wishes.

One of the benefits of an estate plan is to legally avoid probate and make sure that assets are distributed according to one’s wishes upon that person’s death.

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff can help you with an estate plan, will and trust in Paso Robles or anywhere on the Central Coast that is appropriate to your circumstances or make changes to an existing trust.

Mary Ann Tardiff is an experienced attorney who can advise you on the most successful ways to achieve your estate planning goals. Through detailed analysis, Mary Ann can:

• Inventory all of your assets
• Assist with retitling of assets and preparing deeds and transferring those assets so they are properly held in your trust
• Establish guardianship for minor children, dependent adults who rely on your care and even beloved pets
• Assist with setting up college funds
• Make sure favorite philanthropic causes are included in your estate plan
• Draft a will
• Assist in preparing the AHCD
• Provide guidance for power of attorney related to wills, living wills and trusts
• Establish trusts and other legal entities beneficial to the estate

Law Office of Mary Ann Tardiff
3540 El Camino Real
Atascadero, CA 93422
(805) 451–6683

Mary Ann Tardiff is the estate planning attorney in Atascadero assisting with wills and trusts. She is knowledgeable about state and federal laws that affect estates and experienced in creating estate plans that protect estates in the best interest of the estate owners and their beneficiaries. She is the legal professional to see for help with setting up a will and a trust as well as all of the other estate planning issues. An estate planning attorney assists with:

• Creating a will and designating beneficiaries.
• Creating an Advanced Health Care Directive (ACHD) and the associated health care durable power of attorney, as well as a durable power of attorney designating someone to take care of financial matters in the event you are unable to do so.
• Setting up trusts to protect your assets for you during your lifetime and for your beneficiaries after your death.
• Finding ways to reduce and avoid taxes.
• Avoiding probate court.

Creating a will and trust involves more than just filling out paperwork. It might seem like an easy thing to just download forms from the Internet, fill them out and sign them, but there is much more to creating a will and a trust than generic forms can address. Estate laws vary from state to state and knowledge about state laws is important as is knowledge about federal tax and inheritance laws.

For example, if someone lives in California, but has real property in Nebraska, that property is subject to Nebraska’s probate and estate laws. The will and trust need to make the correct provisions for that property under Nebraska’s laws. Working with a professional when setting up a will and trust, like Atascadero’s Mary Ann Tardiff makes sure things are done correctly. You have access to a specialist who can answer your questions, and:

• Is knowledgeable about estate planning laws.
• Creates an individualized plan, including a will and trust that are tailored to your specific needs.
• Answers your questions and offers valuable legal advice for your unique circumstances.
• Makes sure your will and trust are legally enforceable.

Even those who think they have nothing of value are surprised to learn that do have assets of value. In California, any estate that is valued at more than $184,500 is subject to probate court proceedings when someone dies without a trust and a will. A will alone is not enough to avoid probate court, but a correctly established trust is not subject to probate court.

A trust is rarely vulnerable to legal challenges from disgruntled heirs, whereas a will alone and probate proceedings are. Creating a will and trust with the help of Atascadero’s Mary Ann Tardiff is insurance that your wishes will not be contested.

Call today and get answers for:

• Do I need a will? 
• Why do I need a trust if I have a will? 
• I already have a will, why do I need a living will? 
• How do I make sure my children are taken care of? 
• How do I change my will or trust?
• And many more questions…

Someone doesn’t have to be rich or old to have an estate plan. Most adults have more assets than they realize and Mary Ann Tardiff, the Atascadero estate planning attorney recently released the answers to the most commonly asked questions about estate plans.

Some of the most common questions people ask when the subject of estate plans comes up in a conversation include:

• “Why do I need an estate plan? I’m not old.”
• “I don’t have anything, why do I need one?”
• “How do I get started?”
• “How do I change the estate plan if something happens?”

 “Most of us don’t realize how much we have in assets until we sit down and start making a list. Age has very little to do with it,” said Tardiff. For example, a young, single professional may have a retirement plan and a life insurance plan with his or her employer. This person may also have other assets such as an investment account, a checking and savings account, a few inherited pieces of nice furniture, some jewelry, a mountain bike, or a pet. What happens if this person becomes incapacitated or dies? Who gets the benefits of the retirement plan and insurance? Who takes care of the pet or inherits the heirloom furniture, jewelry, or expensive bicycle? Who can make decisions on this person’s behalf and pay the bills in the event of incapacitation? The Atascadero estate planning attorney can provide the legal guidance to make sure all the assets are protected and distributed as the individual wishes.

At a minimum, an estate plan includes a will, an Advanced Health Care Directive (AHCD) and appropriate powers of attorney designating who can make health care and end-of-life decisions and who can have access to personal funds to pay bills while the individual is still alive. Depending on the total value of the estate, a trust may be advised as well.

In California, assets over $184,500 are subject to probate if the individual dies without a will and a trust. Even if the person dies with just a will, any estate valued at over $184,500 is still subject to probate proceedings. The probate court is not obligated to follow the decedent’s wishes as they are set down in the will, however, when the assets are in a trust, the estate bypasses probate.

California Probate Code specifies an order of inheritance if there is no will or if the will is contested. For example, if the expensive mountain bike was intended to be given to a favorite niece but there is no will or trust, the bike might be given to a parent or sibling and, depending on family dynamics, the relative with the bike might not give it to the intended person. The same thing can happen with investments, furnishings, a home if one owns a home, and other assets.

Starting an estate plan at any age is the foundation for the future as more assets are accumulated. It’s easier to add assets to an existing plan than to sit down and try to list everything that has been acquired over a span of many years.

Estate plans can be modified at any time and there are certain life events that mean a review is in order:

• Getting married or divorced.
• A new job or a promotion.
• Buying new real estate.
• Adding a child to the family.
• Setting up guardianships for dependent children or dependent adults.
• College funds for the children.
• Collections such as art and jewelry are assets.
• Additional retirement funds, insurance policies and investments.

Mary Ann Tardiff assists clients with assessing their estates and setting up complete estate plans. A well-organized estate plan and trust bypass probate and makes sure that the estate is managed and distributed according to the decedent’s wishes upon death. A revocable trust remains under the control of the individual as long as he or she is alive. Beneficiaries can be added or changed. Assets can be added or removed and any other changes made.

A consultation with the Atascadero estate planning attorney is the way to get started. Every question is answered and you receive a thorough understanding of the benefits of an estate plan.

A revocable trust is created during your lifetime and you are in complete control of the trust, assets in the trust, and other matters regarding the trust as long as you are alive. This means you can add assets, sell or gift assets, change beneficiaries, or make any other changes you want. Mary Ann Tardiff, the Paso Robles estate planning attorney, has summarized the important points about creating a revocable trust.

There are many benefits to having a trust and those include:

• Avoids probate and makes sure that your final wishes are carried out. A will alone, or dying without a will and a trust means there is a good chance the probate court will handle your estate and the outcome may not be as you specified in your will. In California, any estate valued at more than $184,500 is subject to probate proceedings when someone dies intestate, meaning without a will or trust.
• A revocable trust ensures the privacy of the estate, assets, and distribution of assets. Probate proceedings are not private and are a matter of public record.
• Provides some protection from creditors for the beneficiaries.
• May reduce state estate taxes for beneficiaries living in states with estate taxes.
• May reduce income tax for beneficiaries on some assets.
• Guarantees that your wishes are honored and assets are distributed as you specify.

Not just for the wealthy

Revocable trusts are not just for the wealthy. Most of us have more assets than we realize until we sit down with an estate planning attorney and start itemizing what we have and whom we want to inherit each asset. Just owning a home, even the family home purchased in the 1960s is an asset that could wind up in probate without a trust.

Of course, it is possible to give items away during your lifetime to make sure the right people get them. This is frequently done and is perfectly acceptable, but what about those assets you keep? If you want the family home sold and the proceeds divided up among surviving children, a trust makes sure that happens.

What if you have dependent parents or a dependent adult child who relies on you for their care? A trust makes sure they are cared for. A trust can also make sure young children are cared for in the event both parents die at the same time.

These are only a few of the reasons to set up a revocable trust. A meeting with the Paso Robles estate planning attorney is going to provide even more convincing reasons.

How to set up a trust

with an estate planning attorney who will provide a list of information you need to supply, such as the assets to fund the trust, beneficiaries who are to receive specific assets, disposal of certain assets, such as selling real property and distributing the money, and more. The attorney: 

• May have some advice to help you manage the trust and assets, and will explain what happens upon your death.
• Will prepare all of the trust documents, including a will, Advanced Health Care Directive (AHCD), certain powers of attorney for health care and managing your finances in the event you are unable to care for yourself.
• Make sure all of the assets are transferred correctly into the trust.
• Help you select and assign successor trustees, beneficiaries and successor beneficiaries.
• Advise you about how to add or remove assets or make other changes to the trust.
• Answer your questions.

Work with an expert

Whether you are a young person starting out, a family, or a senior citizen, Mary Ann Tardiff can help you set up a trust that is appropriate to your circumstances or make changes to an existing trust.

The Paso Robles estate planning attorney has been providing legal services and solutions for over 30 years. Mary Ann Tardiff focuses on Small Business Law, Estate and Elder Law, and Consumer Rights. Her vast experience as an attorney, Commissioner, and Judge Pro Tem, as well as her dedication to providing affordable and timely legal services, make her an ideal choice.

Call today!