Top San Diego Estate Planning Attorney

A Revocable Living Trust is a legal document that lets you manage and control your assets during your lifetime and transfer them to beneficiaries without probate. You remain the trustee while alive, and a successor trustee handles distribution after death or incapacity, ensuring privacy and avoiding California’s lengthy probate process.

A Revocable Living Trust is a foundational estate planning tool that holds title to your assets—such as real estate, investments, and bank accounts—while allowing you to maintain control during your lifetime. Because it’s “revocable,” you can modify or dissolve it anytime. Upon incapacity or death, a successor trustee you name takes over, managing and distributing assets according to your instructions. In San Diego and throughout California, living trusts are favored because they bypass probate, preserve privacy, and ensure smooth administration. Proper trust funding (retitling assets) is essential for full protection.

A Will outlines how your property is distributed after death and can name guardians for minor children. A Pour-Over Will works with your Living Trust by transferring any remaining assets into the trust, ensuring all assets follow one coordinated estate plan.

A Will is a written legal document specifying who inherits your property and who will handle your estate (executor). A Pour-Over Will complements your Revocable Living Trust—it “pours” any assets you didn’t transfer into the trust during life into the trust at your death, consolidating management and reducing confusion. In California, a Will alone doesn’t avoid probate, but when paired with a Living Trust, it provides a safety net. San Diego families often use both documents to ensure all assets are covered, guardians are appointed for minors, and estate settlement remains private and efficient.

An Advanced Health Care Directive lets you appoint someone to make medical decisions if you can’t and outline your preferences for treatment and end-of-life care. It replaces older “living wills” in California and prevents family conflict during medical crises.

An Advanced Health Care Directive (also called a Health Care Power of Attorney) combines two key functions: it names a trusted person to make health decisions for you when you’re unable and records your medical preferences regarding life support, resuscitation, and organ donation. In California, this single document replaces older forms like the “living will.” For San Diego residents, it ensures hospitals and physicians respect your wishes while protecting loved ones from uncertainty or disputes. It’s wise to provide copies to your healthcare agent, primary doctor, and attorney—and to update it as your circumstances or values evolve.

Funding your Living Trust means transferring ownership of your assets—like real estate, bank accounts, and investments—into the trust’s name. Without proper funding, your estate could still go through probate despite having a trust.

“Funding” a Revocable Living Trust is the process of retitling assets so the trust—not you individually—owns them. This includes executing new deeds for San Diego real estate, changing account titles, and updating beneficiary designations. Funding ensures your trust controls the assets at your death, avoiding probate. Many Californians mistakenly create trusts but fail to fund them, leaving assets exposed to court proceedings. A thorough estate plan includes a funding checklist and regular updates whenever you acquire property, open new accounts, or sell a business. In short, a trust only protects what it owns.

A Beneficiary is the person or entity that receives assets from your trust, Will, or life insurance policy. Clearly naming primary and backup beneficiaries prevents disputes and ensures your wishes are carried out.

Beneficiaries are the individuals or organizations you designate to receive property under your estate plan. They can include family, friends, charities, or even business entities. In California, clearly identifying beneficiaries—with full names, relationships, and contingencies—is critical to avoid delays or litigation. For San Diego residents, reviewing beneficiary designations on bank accounts, retirement plans, and insurance policies is essential, as these override what’s in your Will or trust. You can protect young or vulnerable beneficiaries by using trusts that control timing and conditions of distributions, ensuring long-term stability and creditor protection.

Every adult with property, children, or professional assets in San Diego needs an estate plan. It ensures your wishes are honored, your family avoids probate, and your affairs remain private and legally protected.

If you live, work, or own property in San Diego, you need an estate plan—regardless of wealth. Homeowners face high property values that trigger probate thresholds, and professionals (dentists, physicians, veterinarians) must coordinate personal and business succession planning. An estate plan clarifies who inherits, who manages your affairs, and how medical or financial decisions are handled if you’re incapacitated. Without one, California’s intestacy laws control distribution, often leading to delays and family disputes. A tailored plan ensures your loved ones, practice, and legacy are protected in line with your values.

What is a Living Will?

A living will is a legally binding document that outlines what you want for your own care, thereby preventing some painful debates between family members concerned about your well-being.

It also designates an individual to make medical decisions for you when you cannot, a power that you can limit if you choose. Creating a living will is an essential component of creating an estate plan.

If you experience a serious illness, you may be unable to tell your doctors what medical treatments you want to receive or refuse. Similarly, as you reach the end of life, many circumstances can limit your ability to communicate your health care preferences. It may be a period of weeks or months during which important choices are made on your behalf.

Forms of a Living Will

In California, a living will usually takes the form of an advance health care directive. According to the California Medical Association, traditional living wills are focused only on the refusal of life-sustaining treatment in the event of incapacity.

The living will was often combined with a power of attorney that authorized a specific individual to make health care decisions.

However, the advance health care directive addresses life-sustaining treatment in any situation. It includes the appointment of an agent, also known as a power of attorney for health care, to make decisions. Individuals can include a range of issues in the directive, such as preferences for palliative and hospice care.

If you made a valid form of a living will prior to July 1, 2000, such as a Natural Death Act Declaration, a Durable Power of Attorney for Health Care Directive to Physicians, these remain in effect until revoked.

When a Living Will is Used?

The authority of a health care agent under an advance care directive comes into effect when your primary physician determines you are unable to make your own medical decisions. You can also choose to have that authority come into effect immediately, an option that should be carefully thought through.

Contents of a Living Will

In addition to naming your health care agent, the advance care directive allows you to name your primary physician, although the latter is optional. Individuals may also direct the use of organs after death, such as for transplant or research purposes.

Some individuals choose to refer to specific medical procedures in their living will. The Mayo Clinic recommends thinking about such things as:

• CPR and other forms of resuscitation;
• Being on a ventilator;
• Tube feeding;
• Dialysis;
• Antibiotic or antiviral medications;
• Pain management and other forms of comfort care.

While you may choose to refuse these procedures completely, you may also want to simply place limits on their use. For example, you may agree to be on a ventilator for a specific period of time.

Since it may be difficult to make these choices without more information about what the procedures entail, it is a good idea to discuss the issue with your physician before finalizing your directive.

Once preferences are established in a living will, a doctor can create a POLST (Physician Orders for Life-Sustaining Treatment).

Most appropriate for those with a serious illness or nearing the end of life, a POLST turns the details of a care directive into treatment orders for medical teams.

Creating a Living Will

The state of California has an Advance Health Care Directive Form for individuals to create a living will. However, it is not necessary to use this form to create a valid directive.

Since some specific issues must be addressed in a directive in order for it to be upheld by a court, it is a good idea to draft the document with a lawyer’s assistance.

You and two witnesses must sign your directive in the presence of a notary or lawyer. The witnesses are, in part, certifying that they not only saw you sign the directive but that you were not under duress while doing so and were of sound mind. Witnesses may not include the health agent named in your living will, nor may they include members of your health care team. A special witness is also required for patients in care facilities.

Apart from the legal requirements, it is good practice to discuss your care directive with family members. Ultimately, your end-of-life preferences are your own, but knowing them in advance can help loved ones deal with the situation with less emotion and conflict.

Choosing a Health Care Agent

In California, there are some restrictions on whom you can name your health care agent. In general, it cannot be your doctor, a member of your care team, or an employee at a care facility where you reside.

You should choose someone whom you trust, is comfortable discussing medical issues, and is well-informed about your wishes. Since agents often have to be a patient advocate in court or in discussion with family members and doctors, they should be able to handle conflict appropriately. For your own peace of mind, confirm your agent supports your preferences and is willing to enforce them.

You should review your living will periodically to make sure it still reflects your wishes. If you remarry or experience a new medical diagnosis, you may want to consider revising the document. At any time before it is invoked, you can update your care directive, including changing your health care agent.

A living will, like all aspects of health care, is of great importance to you and your family members.

It helps to ensure you not only receive the care you want, but that loved ones experience the least possible amount of stress during an already difficult time. 

San Diego residents often seek estate planning services that combine legal precision with personalized care. Trusted firms offer wills, trusts, powers of attorney, and tax strategies designed to protect families and minimize probate exposure. At Opelon LLP, our attorneys emphasize clarity, flexibility, and long-term asset protection tailored to California law.

Start by identifying your goals—such as protecting family, reducing taxes, or supporting a charity. Next, inventory your assets and decide who should inherit them. Then, work with a qualified estate planning attorney to draft documents like a revocable living trust, will, and healthcare directive. Regular updates are essential as your life or state laws change.

Look for an estate planning attorney who focuses exclusively on trust and estate work, is licensed in California, and has positive client reviews. Many San Diego residents choose local law firms that provide flat-fee planning and ongoing support, ensuring their estate plan adapts over time.

A revocable living trust helps avoid California’s lengthy probate process, keeps your affairs private, and allows for faster transfer of assets. It’s a central component of most San Diego estate plans because it ensures a smooth transition and greater control over your legacy.

The best estate planning services in San Diego focus on personalized strategies that protect assets, minimize taxes, and ensure your wishes are followed. Experienced attorneys can create wills, revocable living trusts, and durable powers of attorney tailored to your goals. Working with a local firm ensures your estate plan complies with California law and addresses San Diego County’s specific probate considerations.

Look for estate planners who focus exclusively on California estate law, have strong client reviews, and offer clear explanations of your options. Schedule consultations to compare approaches and verify credentials. Opelon LLP’s San Diego-based attorneys emphasize transparency and tailored strategies that make complex estate planning simple and effective.

Start by listing your assets, identifying beneficiaries, and choosing trusted decision-makers for financial and medical matters. Then, work with an estate planning attorney to draft key documents—such as a trust, will, and powers of attorney—that reflect your preferences. Regularly review your plan to adapt to life and law changes in California.

Review your estate plan every 3 to 5 years or after major life changes such as marriage, divorce, or the birth of a child. Updates ensure your plan continues to reflect your wishes and complies with current California estate laws. A periodic review with a San Diego attorney helps maintain full protection for your loved ones.

Estate planning gives families peace of mind by ensuring assets transfer efficiently, reducing taxes, and preventing disputes. In San Diego, where real estate and business ownership are common, customized planning also helps avoid probate and preserve wealth. A well-structured plan protects both family harmony and financial stability.

 While online templates exist, California’s estate laws are complex, and small mistakes can create costly problems. A qualified attorney helps you avoid invalid documents, tax issues, and probate delays. Professional guidance ensures your estate plan works exactly as intended when it matters most.

Yes. By creating a revocable living trust, naming beneficiaries, and correctly titling property, you can avoid probate entirely. These strategies allow assets to pass directly to heirs without court oversight, saving time and preserving privacy for your family.

 Estate planning costs vary depending on complexity, but most Californians can expect a comprehensive trust-based plan to range between $1,500 and $4,000. Costs reflect the attorney’s experience and the inclusion of custom provisions for real estate, business interests, or blended families.

 Without an estate plan, California’s intestacy laws determine how your assets are distributed, often leading to delays, expenses, and outcomes you didn’t intend. The court appoints representatives to manage your estate, and your loved ones may face avoidable stress. A simple plan prevents those complications.