5 Things Every Marin County Resident Should Know Before Creating Their Estate Plan

5 Things Every Marin County Resident Should Know Before Creating Their Estate Plan

If you've been thinking about estate planning — maybe you have young children, recently bought a home in Mill Valley or Tiburon, or simply realized you've been putting this off too long — you're not alone. Most people in Marin know they need a plan. Very few have one that actually works.

Here are five things worth understanding before you start.

1. A will alone probably isn't enough in California.

This surprises most people. A will expresses your wishes — but in California, it still has to go through probate court before anything can be distributed to your family. Probate is public, slow, and expensive. For most Marin families, a revocable living trust is the foundation of a solid plan, with a will as a backup. If an attorney is offering you just a will, ask why.

2. The guardian you name for your children matters more than any document.

If you have minor children, naming a guardian is the single most important thing your estate plan does. Without one, a court decides who raises your kids — and they may not choose who you would have chosen. The conversation about who that person should be is harder than the legal paperwork, but it's the one that matters most.

3. An estate plan isn't just for when you die.

Most people think estate planning is about what happens after they're gone. In reality, some of the most important documents — your financial power of attorney and advance healthcare directive — are about what happens if you're incapacitated but still alive. Who manages your finances if you're in the hospital? Who makes medical decisions if you can't? These questions need answers before something happens, not after.

4. Online will services leave more gaps than they fill.

LegalZoom and similar platforms have their place for simple situations. But they don't know your family, your assets, or the specific quirks of California and Marin County property law. A document that looks complete can fail at exactly the moment your family needs it most — because an asset wasn't titled correctly, or a beneficiary designation wasn't updated, or a trust was created but never funded. The document is only as good as the process behind it.

5. Your plan needs to stay current to work.

Estate planning isn't a one-time event. Life changes — you move, have another child, divorce, inherit assets, start a business. A plan that reflected your life five years ago may not reflect it today. The best estate planning relationships are ongoing ones, where your attorney knows your family and keeps your plan current as your life evolves.

If any of this resonates — or if you have a plan somewhere that you're not sure still works — we'd love to talk. A complimentary 15-minute Discovery Call is a good place to start.