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Estate Planning provides peace of mind at three critical junctures in a person’s life: (1) when they are alive and well, (2) if they become incapacitated in any way, and (3) when they pass. As much as it would be great to predict the future, we can’t quite do that. What we can do, however, is plan for the inevitable. One thing that we all will face one day is the end of our lives. When that day comes, Estate Planning gives us the tools to make sure what we’ve worked hard for passes on to the right people. It also keeps life easy on our loved ones in those times when they are dealing with loss.
Every state has unique considerations when it comes to Estate Planning. Some of the things you’ll want to consider here in California are: (1) we are in a community property state, (2) Medi-Cal works differently than Medicaid in other states, (3) Estate Tax considerations, (4) Property Tax considerations such as Propositions 13 and 19, and (5) digital assets, to name a few.
My clients are unique in that their estates are usually made up of a variety of assets. They need flexible and tailored planning for their real estate as well as their financial investments.
Oath is right for my clients because we don’t just mass-produce legal documents and then leave clients out there to figure out the rest on their own. We are there for our clients if life or the law changes and their estate plan needs to be updated. Through our Financial Planning Team, we provide peace of mind that their financial accounts are growing the best they can without hidden fees. Through our Care by Oath team, we make sure our clients and their loved ones have adequate support from us at minimal cost.
I prepare a California-specific power of attorney document. I have come across clients with existing documents that are missing the California-specific language. My worry with a generic power of attorney document is that a bank here in California would be able to reject that document as it is not state-specific.
The longest probate case in California history — and one of the longest anywhere — was the estate of Howard Hughes, the billionaire businessman, aviator, and film producer. Although Hughes died in 1976, his estate took over 34 years to fully settle, with some aspects dragging into the 2010s! Now, realistically, most probates don’t take nearly that long, wrapping up within a year or so if there are no conflicts or complications.
At my workshop, I share stories about why both types of power of attorney are so important. I talk about a client who did not have a financial power of attorney and the hassle his family had to go through to get guardianship over him. I talk about Terry Schiavo and the importance of a medical power of attorney. I also talk through an example of an estate with and without Estate Planning, highlighting the potential predators that can come into the picture without a solid estate plan — i.e., creditors, remarriages, and nursing homes. Finally, I share a few personal stories about my own family. Estate Planning is such a personal area of law, and I think it’s a great way for my clients to get to know me as a person.
I had a client share with me how, when her mother passed, it really tore her family apart in more ways than they imagined. She and her siblings had always been close, but figuring out what to do with their mother’s estate unfortunately brought out a lot of emotions. She and her siblings no longer speak. This client has three children, and she wanted desperately to avoid a similar situation happening with them. Creating her estate plan was extremely important to her.
I really do love all my communities, but I get the kindest clients out of the Tracy area. Emeryville also brings us some great clients. Finally, Concord is a great area as well!
Unfortunately, yes. I had a client meet with me once his wife had already progressed too far into a disease that affected her mental functions. I was unable to plan for them the way I would have if they had come to me before this type of incapacity. It was very unfortunate, and this family had to go to guardianship court before any protections could be set up for the wife. The time and money they spent on that court process could have been saved if they had set up proper planning at the right time!
Clients often want to know what happens if they pass away with no estate plan. I let them know that if they pass away with no estate plan, the State of California will be happy to provide one for them! It will just have things their loved ones will not be too happy about — probate fees, attorney’s fees, court costs, and other potential predators.
Estate planning offers more than just legal documents — it provides peace of mind and lasting clarity for your family. At Oath Law in Walnut Creek, we help individuals and families create clear, customized estate plans that protect their future and reflect their values. Whether you’re creating a will, setting up a trust, or preparing powers of attorney, our estate and financial planning team is here to guide you every step of the way.
Trusts aren’t just for the wealthy — they’re powerful, practical tools for everyday families. Many types of trusts — revocable living trusts, irrevocable trusts, and special needs trusts — can help your assets pass smoothly to loved ones without the delays, expense, and publicity of probate.
Trusts can also help with asset protection, divorce protection, planning for minor children, or caring for loved ones with special needs. Our Walnut Creek team helps you choose the right trust for your situation and ensures it’s properly structured and funded to provide lasting peace of mind.
A will is a common part of an estate plan. Like trusts, it allows you to decide who receives your assets, name guardians for minor children, and appoint someone to manage your affairs after death. However, wills often do not offer the same protections or efficiency as trusts.
In Walnut Creek, our attorneys can help you decide what type of plan best reflects your goals and integrates seamlessly with your financial and retirement plan. We also help you consider key details — including backup beneficiaries, trustees, and coordination with family members — to ensure your plan reflects your wishes in full.
A power of attorney is essential in the event of incapacity. It allows a trusted person — your “agent” — to manage financial or legal matters on your behalf. Without one, your loved ones may need to go to court to make even basic decisions, which can take months for guardianship to be granted.
Our attorneys in Walnut Creek help you choose the right person, define their authority, and ensure your document meets California’s legal standards.
What happens if you’re incapacitated and unable to communicate your medical wishes? A healthcare directive (often called a living will) and a medical power of attorney give your loved ones the guidance and authority they need during difficult moments.
We help Walnut Creek clients clearly express their preferences for care and name someone they trust to advocate for them. These documents ensure your medical choices are honored and your loved ones can act with confidence.
Families throughout the East Bay trust Oath Law for:
Our team in Walnut Creek is dedicated to making estate planning clear, personal, and effective. Whether you’re creating your first plan or updating an existing one, we’ll walk you through each step with clarity, compassion, and care.
1. What’s included in a basic estate plan?
Your estate plan may include a trust, a will, a financial power of attorney, and a healthcare directive. Our Walnut Creek attorney and team can help you decide what you need. These documents work together to protect your assets and ensure your wishes are honored.
2. Can estate planning help avoid family conflicts?
Yes. A clear plan helps prevent confusion, disagreements, and unnecessary legal battles. It gives your loved ones peace of mind and guidance during difficult times.
3. What’s the difference between a will and a trust?
A will goes into effect after your death and often requires probate to distribute your assets. A trust can take effect during your lifetime and helps assets transfer more efficiently, privately, and without court oversight. You still maintain control of your assets while you’re alive and well.
4. Can I change my estate plan later?
Absolutely. You can (and should) update your estate plan as your life changes — marriage, divorce, children, a new home, or updates to the law.
5. What is a “durable” power of attorney?
“Durable” means it remains valid even if you become incapacitated, ensuring your chosen agent can act on your behalf when it matters most.
6. Should my spouse and I have separate estate plans?
It depends — especially in blended families or second marriages. You can plan together or separately, and our Walnut Creek attorney can help you decide. You’ll likely have similar documents, but each person should have their own will, powers of attorney, and possibly separate trusts.
7. How do I get started with estate planning?
Start with an estate planning discovery call. At Oath Law in Walnut Creek, we’ll listen to your goals, explain your options, and recommend a plan that fits your life and values — not just your legal checklist.
8. Do I need an estate plan if I’m young or single?
Yes. Estate planning isn’t just for retirees — it’s for anyone who wants control over their healthcare and finances. Even single adults should name someone to act on their behalf if they become unable to make decisions.
9. What happens if I don’t name a guardian for my children?
If no legal guardian is named in your will, the court will decide who takes care of your children. Naming someone in your plan ensures your wishes are known and legally enforceable.
“I found the great folks at OATH to be professional, knowledgeable, friendly, responsive and personable. They made an overwhelming task easy to accomplish through their guidance.”
“The whole experience was pleasant and very informative. I now know that I have everything in order for those I leave behind. And most of all I have peace of mind. That in itself, is worth more than I could put in words.”
“We had put off proper estate planning for too long. We talked to three firms and chose Oath. It is very comforting to know we are well prepared for the future — a great decision.”
“They made a complex process very simple for anyone to understand. Thanks for helping us with our estate planning and giving us some peace of mind.”
“They made the process of setting up some complicated trusts a fairly simple process. They were very patient and helpful.”
Address: 1255 Treat Blvd, Suite 300, Walnut Creek, CA 94597 (By appointment only)
Phone: (925) 391-2323
If you’re ready to protect your legacy, our estate planning attorneys in Walnut Creek are here to help. Book a Consultation today and start your plan with confidence.
