Family & Business Estate Planning

Many estate planning attorneys take a “one-size fits all” approach with their clients; they do this so that they can work with as many people as possible in a short period of time. In addition to leaving the client with a totally cold and impersonal experience, this way of planning can lead to unintended results in the long run. Conscious Legal is different.

All of our fees are fixed fees agreed to in advance, so there are never any surprises. At our initial meeting, you will select the level of planning and fee that works best for you.

We don’t just prepare a set of legal documents for you and send you on your way. We make sure your assets are owned in the right way, your kids’ well-being is properly planned for, everyone you’ve named in your plan knows what to do if anything happens to you, and make sure that none of your assets become part of the $58 billion of unclaimed assets across the United States.

During our meeting together, we will guide you to look at what would happen for your loved ones and to your assets if something were to happen to you. Then, we’ll review what you want to happen and help you create a roadmap to implement your plan as easily as possible. Clients who have procrastinated for years routinely tell us how easy and seamless we make this process.

Even if you never do any planning with us, the Life and Legacy Planning Session alone is a hugely valuable process, because you will create a full inventory of your assets and ensure your loved ones knows what you have. Then, when we meet in person, we will review everything you own, and discuss everyone you love, and you will understand exactly what would happen in the event of your death or incapacity.

After scheduling your appointment, you will receive your Estate Planning Worksheet and other important information that you will want to review prior to your personal Family Wealth Planning Session. You will return your Estate Planning Worksheet to our office at least 3 days prior to your Session or we will need to reschedule your Session. Feel free to call the office at any time if you need assistance completing your Worksheet, or have any questions.

On the day of your meeting, please expect to spend up to 2 hours with your attorney. The initial meeting with your attorney has two purposes:

• To identify whether there is a good fit between you and our attorney who will become your Personal Family Lawyer.
• To educate you about the law and what would happen if you died with your current (or no) plan in place.

By looking at what would happen under your current plan, you can identify what you would want to happen differently and then together with your Personal Family Lawyer’s guidance make the decisions that are necessary (including choosing your own fee) to give you the peace of mind of knowing your loved ones would stay out of court, chaos and conflict, if something happens to you.

A will says who gets what and who’s in charge (the executor). It does not control assets with living beneficiaries or joint owners (e.g., life insurance, retirement accounts). A will must be filed in probate court before anyone can act.

An estate plan is a comprehensive strategy covering incapacity (financial powers, health decisions), guardianship for minors, and how assets pass when you die (via a will or trust). Great estate planning also preserves your legacy values, letters, and stories, not just money.

No. Courts must appoint someone to manage a minor’s funds, and at 18 or 21 the child could receive everything at once. Instead, use a trust that names a trusted adult to manage and distribute funds on your terms.

Yes. A will alone doesn’t cover incapacity, healthcare decisions, HIPAA access, or short-term/long-term guardianship for kids. Most adults should have powers of attorney, an advance health care directive (living will), and often a revocable living trust to avoid probate.

It’s your written guidance for end-of-life care if you’re unable to communicate (e.g., how long to remain on life support). Deciding this ahead of time prevents family conflict and ensures your wishes are honored.

State law decides who inherits (typically spouse, then children, then next of kin). This rarely matches real-life goals, can complicate blended families, and doesn’t set management for minors’ inheritances. A written plan gives clarity and control.

Pick people who align with your values, parenting style, education and faith preferences. Separate the role of raising your children from managing their money; your plan can name different people for each. Document short-term and long-term guardians, plus guidance letters.

Probate is the court process that validates a will, appoints a personal representative, settles debts, and distributes assets. It’s public and can be slow and costly. Proper planning can minimize or avoid probate altogether.

Often yes. If you value privacy, speed, and lower costs, a revocable living trust can keep your estate out of court when properly funded. A will alone does not avoid probate.

A trust is a private, court-free will-alternative that lets a successor trustee act immediately at death or incapacity. It can control when/how beneficiaries receive assets, help avoid probate, and support special goals (e.g., special needs, charitable gifts).

No. Trusts are about control, privacy, and simplicity, not just net worth. Many San Diego families use a revocable living trust to streamline administration and reduce court involvement.

Most clients complete planning in about 6–8 weeks from design meeting to signing, with expedited options available for travel, new babies, or urgent needs. You’ll leave with a clear plan and guidance to keep it current.

Fees vary by complexity and goals. We use flat-fee pricing (agreed in advance) and include education, customized documents, funding guidance, and legacy components—so your plan actually works when your family needs it.

DIY tools don’t ask the right questions, often omit state-specific details, and can create a false sense of security. Working with an attorney helps you avoid hidden pitfalls and align legal documents with beneficiary designations, titles, and real-life goals.

“A will covers everything.” 

It doesn’t avoid probate or handle incapacity.

“My spouse can automatically act for me.”

 Not without proper powers of attorney/health directives—courts may need to get involved without them.