Estate Planning Attorney in Costa Mesa, CA
An estate plan answers two questions for Costa Mesa families: who receives what you own, and who can act for you if you are unable to. The Soto Law Group helps homeowners in Mesa Verde and on the Eastside, parents in College Park and business owners around South Coast Plaza answer both, from our Newport Beach office a short drive away.
If you skip planning, the law fills the gaps. California’s intestacy rules set who inherits, the Orange County Superior Court names a guardian for minor children, and property in your name may have to pass through probate at the Costa Mesa Justice Complex, where the county’s probate cases are currently heard.
Learn more about our estate planning services.
The Documents in a Costa Mesa Plan
- Revocable living trust: holds your home and accounts so a successor trustee can manage and distribute them without a court case. Our Costa Mesa revocable trust page has more.
- Pour-over will: moves any stray assets into the trust at your death and lets you nominate a guardian for minor children.
- Durable power of attorney: gives someone you trust authority over your finances if you can’t manage them; our power of attorney page for Costa Mesa has details.
- Advance health care directive and HIPAA authorization: put your medical wishes in writing and let the people you choose make health decisions and talk with your doctors.
- Guardian nominations and special needs trusts: protect young children and support a loved one with a disability without risking their benefits.
- Business succession planning: names who will run your company and who will own it if you can’t.
Probate Is Nearby, but You Can Still Avoid It
The courthouse where Orange County probate cases are currently heard is on Harbor Boulevard in Costa Mesa, but having the court close by doesn’t make probate quicker or cheaper. A home held in your own name, with no trust, generally goes through that court before your family can sell or transfer it. Statutory fees are set by gross value, not your equity: a $1,000,000 estate carries a standard attorney fee of $23,000, and the executor can receive the same amount. A funded living trust keeps the house out of that courtroom.
A Home You've Owned for Years
If you bought your house in Mesa Verde, College Park or on the Eastside a long time ago, it may have grown considerably in value. Married couples who hold it as community property can generally step up the tax basis of the whole property when the first of them dies, which can reduce capital gains tax if the survivor sells. Children who inherit face Proposition 19: the home is generally reassessed unless the child lives in it as a primary residence, and even that relief has a limit. We help you decide who receives the home and whether it can be sold, kept or shared.
When Your Child Turns 18
If you have a son or daughter at Orange Coast College, Vanguard University or another school, keep in mind that once a child turns 18, parents no longer have automatic authority over that child’s medical or financial decisions. Three short documents address that: a power of attorney for finances, a health care directive and a HIPAA authorization, signed by your young adult so you can step in during an emergency. We prepare them for college-age clients alongside their parents’ plans.
Frequently Asked Questions About Estate Planning in Costa Mesa
Is a will enough for a Costa Mesa homeowner?
A will says who receives your property and nominates guardians, but it doesn’t keep a house out of probate. If your home is in your name alone, a living trust is usually the better way to spare your family a court case.
What is the difference between a power of attorney and a trust?
A durable power of attorney lets someone handle financial matters for you while you are alive but unable to act. A trust holds property such as your home and says who manages it and who receives it, both during incapacity and after death.
Do I need to update my plan if I move within Orange County?
California law doesn’t change when you move across town, but a new home must be deeded to your trust, and you may want to revisit the people you’ve named in the plan.
Why Work With The Soto Law Group
Our team handles probate and trust administration as well as planning, so we know how the documents we draft will be used. Romelia “DeDe” Soto, who has more than 20 years of legal experience, meets with Costa Mesa clients personally.
Related Services in Costa Mesa
Estate Planning in Other Locations
Directions to Our Office From Costa Mesa
Get Your Plan Started
Call (949) 945-0059 or contact us online to book an estate planning consultation.