By: Crystal Carpino, Esq.
January 20, 2026
Part 1: The Who, What, When and Why of Estate Planning: Get to Know The Basics.
Do you own property? Do you have kids? Are you married? Are you in a registered domestic partnership? Do you care about what happens to your stuff after you die?
Estate planning can feel like one of those “someday” tasks – the kind of thing you’ll get to when you have spare time. But, if you’re anything like me, there is precisely… no time to spare. And if you answered yes to any of the above questions, then you absolutely do need an estate plan. And the truth is that most people don’t start an estate plan because they suddenly won the time lottery. They start because they realize that they want their family protected, their finances organized, and their future secure. But, where to begin?
As we head into the new year, it’s the perfect time to do one simple thing: get your estate planning consultation on the calendar. Most people delay because it feels overwhelming. The good news? You don’t need to gather documents or make every decision right now. The process begins with a conversation, not paperwork. Here’s a comprehensive guide to the estate plan that everyone needs.
What: The Core Estate Planning Documents.
An estate plan can be as basic or as complex as your personal situation necessitates. Most people are familiar with the terms Revocable Living Trust and Last Will and Testament. But an estate plan can include so much more. Your attorney will meet with you and discuss the following basic estate planning tools:
- Revocable Living Trust;
- Pour-Over Will;
- Durable Power of Attorney;
- Advance Health Care Directive;
- Power of Attorney and Health Care Agent for Minor Children;
- Guardianship Nominations for Minor Children;
- Advance Dementia Directive;
- HIPAA Waiver;
- Final Disposition Instructions;
- Property Assignments;
- Business Entity Assignments;
- Property Deeds.
Together, these documents tell the people you love exactly how to manage your estate, your property, and your medical or financial decisions if you pass away or become unable to act for yourself.
Why: Avoiding Probate (and Much More).
Your Revocable Living Trust – the cornerstone of your estate plan – will help your loved ones keep your estate out of probate. If you’ve heard anything about probate in California, you know it’s costly, time-consuming, and stressful. A properly drafted and properly funded trust keeps your estate out of probate court, sparing your family a lengthy legal process during an already difficult time.
While avoiding probate is a worthwhile goal in and of itself, your estate plan can do so much more. A comprehensive estate plan also allows for:
- tax planning for growing or high-net-worth estates;
- clear instructions for personal items;
- streamlined management of business interests;
- protection for blended families;
- customized decision-making authority if something happens to you.
A good estate plan ensures that your wishes are legally enforceable and carried out according to plan.
When: Now.
Get ahead of your to-do-list and mark this one “in progress.” Calendars fill up quickly, resolutions fade to the background, and everyday life begins to erode good intentions. Lock in the momentum now while all of this is top of mind.
Estate planning doesn’t begin with you hunting down your 401k password and making sure your accounts are titled properly. It begins with a plan and the right guide. If you want your estate plan completed in early 2026 and officially off your to-do-list (we promise you don’t have to tell us how long it’s been there), make your appointment now. You don’t need your asset list, beneficiary designations or perfect clarity yet. You just need your spot on the calendar. The rest unfolds from there.
The information presented in this Article is not to be taken as legal advice. Every person’s situation is different. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.
