Miyako DeLucia, Esq.

Attorney Licensed in California

We focus exclusively on California estate planning, including the designing and drafting of wills, trusts, and ancillary documents. The entire process can be completed remotely, from the initial pre-planning meeting through the delivery of your documents. For the signing of your final documents, a notary public may be able to travel to your home for added convenience. We serve clients throughout California.

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Services

Our practice is limited to estate planning, including the preparation of wills, living trusts, and related documents for California residents.

Wills

When creating an estate plan, you generally have two primary options: a Will or a Living Trust. If you decide not to establish a Living Trust, it is still advisable to have at least a Will in place.

A Will specifies how your assets should be distributed after your death, names the person responsible for carrying out your wishes (the executor), and allows you to nominate a guardian for your minor children. Without a Will, the court will determine who inherits your property and who will serve as guardian for your children.

In most cases, a Will alone does not avoid the probate process. Probate is a court-supervised proceeding that may be required to transfer assets after death. However, if your assets have designated beneficiaries and the assets subject to probate are relatively small, the probate process may be less costly and burdensome.

For younger individuals and families who are just beginning to build their assets, starting with a Will may be a practical and cost-effective estate planning.

Living Trusts

California is known for having a probate process that can be both time-consuming and expensive compared to many other states. A Living Trust can help your family avoid probate, allowing your assets to be transferred more efficiently and, in many cases, at a lower overall cost.

A Living Trust can also provide for the management of your assets if you become unable to manage your own affairs due to illness, injury, or loss of mental capacity. By creating a trust, you can designate in advance who will manage your financial affairs on your behalf.

Another significant advantage of a Living Trust is privacy. Unlike probate proceedings, which are generally public records, the terms of a trust and the assets held in the trust typically remain private and are not disclosed to the public.

Ancillary Documents

Our estate planning packages include a Will or Living Trust, along with the following supporting documents:

Durable Power of Attorney

A Durable Power of Attorney allows you to designate a trusted person to handle your financial and legal affairs if you become unable to manage them yourself. This may include matters such as banking, investments, real estate transactions, and other financial decisions.

Advance Health Care Directive

An Advance Health Care Directive allows you to appoint someone you trust to make medical decisions on your behalf if you are unable to communicate your wishes. It also enables you to provide guidance regarding the type of medical care you would like to receive.

HIPAA Authorization

A HIPAA Authorization permits designated family members or other trusted individuals to access your medical information and communicate with your health care providers when necessary.

Helpful Information for Japanese Residents in the United States

We have gathered information covering topics that may be of interest to Japanese individuals and families living in the United States, including U.S.–Japan inheritance issues, estate planning for international marriages, and other cross-border estate planning matters.

Please note that this is intended as general information only and is not a substitute for legal advice tailored to your individual situation. Please consult with US and/or Japan tax professionals for tax issues, and legal professionals in Japan for issues concerning Japanese law.