Frequently Asked Questions
What can I expect from Your Life, Your Plan?
Your Life, Your Plan will connect you with a county law librarian who will refer you to free referrals, resources, and instructions to complete your legal documents on your own. When you are ready, Your Life, Your Plan will also connect you to a lawyer for free or affordable help reviewing your documents. See more about the process here.
Are all the services online?
Once you are enrolled, we will connect you with a local law librarian to help guide you through the process. You can meet with the law librarian in person. You may also have a free consultation by video with a lawyer.
I have enrolled in Your Life, Your Plan. What do I do next?
Once you are enrolled, you should contact your county Law Library at the contact information below:
Los Angeles Public County Law Library
Address: 301 West First Street, Los Angeles, CA 90012
Phone: (213) 785-2513
Email: Reference@LALawLibrary.org
Stanislaus Public County Law Library
Address: 1101 13th Street, Modesto, CA 95355
Phone: (917) 755-6558
Email: library@stanlaw.org
What is a will?
A will is a legal document that becomes effective upon your death and describes how you want your property distributed. A will can also designate whom you want to care for your minor children or other dependents. Property left in a will generally must go through a court process called probate.
You may have a trust in mind but might still need what is called a "Pour-Over Will" to meet various legal requirements like naming a person to care for your children.
What is a trust?
A living trust is a document that describes how you want your property distributed. A trust takes effect while you're still living though; you transfer property into the trust, yet you still have control of the trust and can make changes or additions. A trust can also provide instructions about who manages assets that you leave to minors or others you do not want to have immediate, full access to the assets. Property distributed via a living trust is generally not subject to probate and does not necessarily need to go through a court process.
What happens if I die without a will or trust?
If a person dies without a will, California Law determines how their estate will be divided and who will care for their minor children or other dependents. How their property and assets will be divided and whether a court process is required depends on their assets, marital status, number of children, surviving relatives of the deceased individuals and other factors.
How do I know if I should have a will or a trust?
The advantages and disadvantages of wills and trusts is discussed in articles that you can find on the Resources page. Your law librarian may also recommend some for you to read. Sometimes the answer to this question is that you should have both. For example, you may want a will to state your end-of-life wishes and name a guardian for your children, while still using a trust for assets you want to be kept private and outside of probate court.
One of the major differences between a will and a trust is that you would need a will to designate who you wish to be the guardian of your children and other dependents. Another major difference is that assets in a trust do not go through the probate process. Because a trust is funded during your lifetime, the transfer of assets has already occurred, allowing your heirs to avoid unnecessary court cost upon your death.
What is probate?
In general, probate is the formal court procedure to distribute your assets after you pass away. In these proceedings, the court authenticates your will (if you have one) and approves your personal representative so he or she can distribute your property and belongings. Your representative will locate and assess the value of your assets and debts. Once that is done, taxes and debts are paid and the remaining value of the estate is distributed. During this legal proceeding a court will start the process of distributing your estate to the proper heirs.
Are there costs associated with probate?
Yes. If your assets are divided by the court, there are fees and costs associated with the process. They can be significant and can even require the sale of assets that are not cash (including your home if you own). There are lots of websites that explain how probate fees work, such as: California Probate: An Overview.
Who can I name as my personal representative (also called an executor or administrator)?
Your personal representative should be someone you trust to carry out your wishes after you pass away. They cannot be a minor or someone under conservatorship.
There are resources to help you select a personal representative. You can find some in the Resources section of Your Life, Your Plan, or you can ask your law librarian to recommend some.
What about my minor children?
To nominate someone as a Guardian for your children you will need to do a will. This can be done in addition to a trust. A trust can provide instructions on how to manage assets that are intended to benefit your children.
I already gave someone a power of attorney. Do I still need a will?
They are very different documents. A power of attorney grants someone the authority to act on your behalf while you are living. It is no longer valid after you pass away. A will, on the other hand, does not take effect until your death.