If you do not have a will or trust, your estate will go through probate which will cost you thousands of dollars in fees and take years as it goes through the court system. Even if you have a small estate, you must properly designate who you want to inherit your estate or the State of California will do that for you.

If you have assets worth more than $160,000 or own your own home, you need a living trust in order for your assets to pass directly to the ones you love. A will, while designating your beneficiaries, must still go through probate for estates larger than $160,000 including real property.

Without the proper documents, if you are incapacitated or unconscious, it may cost your family thousands of dollars just to have the right to take care of you and direct your medical care. This is not an issue if you have a valid Advance Health Care Directive designating an agent to speak for you if you are unable to speak for yourself.

If you have not designated a guardian for your minor children, a judge of the Superior Court can make those decisions without any input from your family.