144 E. Washington Ave.
Escondido CA 92025 Tel: 760-796-4030 Fax: 760-751-2767

The material provided on this website is for informational purposes and only pertains to Californa law. It is not legal advice nor is it intended to be legal advice. You should consult an attorney for individual advice pertaining to your specific situation. No Attorney Client Relationship is intended or implied from the use of this website.

Estate Planning

Estate planning involves the management of your assets while you are alive and the distribution of those assets after you pass away.

While You Are Alive

If you become incapacitated, physically or mentally, proper estate planning can insure your estate will be managed for your benefit by the person(s) or entitles of your choice, rather than by a court-appointed Conservator. This can be done by creating a revocable trust with a successor trustee named to take over management of your trust assets and by executing a durable power of attorney, naming an "attorney in fact" to take over non-trust business, such as completing insurance, retirement, social security and IRS forms.

After You Pass Away

Proper estate planning can insure the estate remaining at the time of death is transferred efficiently and economically to the heirs you have designated, in the manner and time frame you have designated. Again, with proper planning this can be done by your designated trustee, without the necessity of court proceedings.

Conservatorship

Conservatorship is a court proceeding where an individual is appointed as a caretaker for a person who is unable to provide for his or her personal needs, physical health, food, clothing or shelter. And/or is unable to resist fraud or undue influence and needs assistance with managing their finances. There are two types of conservatorships. A person can be appointed as Conservator of the person or the estate or both.

Powers of Attorney

There are two types of powers of attorney; one for managing assets and the other for health care decisions.

Asset Management: Durable Power of Attorney allows you to name an individual whom you know and trust to manage your financial affairs if you are unable to do so.

Health Care: Advance Health Care Directives set out your individual health care instructions and lets you name another person as your agent to make health care decisions for you should you become incapacitated. You can also designate an alternate agent if your first choice is not able to make health care decisions for you. An advantage is that you get to choose the person who will make health care decisions consistent with yours.

Law Office of Jennett Maniscalco
Jennett Maniscalco
144 East Washington Avenue
Escondido, CA 92025

Business: 760-796-4030
Fax: 760-751-2767
jennet@maniscalcolaw.com