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Getting your paperwork in order is one of those things everyone puts off. In this Big Blend Radio conversation, Lisa D. Smith talks with California estate planning attorney Lauren T. Corman about wills vs. trusts, avoiding probate, protecting a business, naming guardians and health care agents, and the everyday details, like retitling assets and storing passwords, that families often overlook.

Watch the episode below or download/listen to the audio version on Podbean:

Key Conversation Highlights

  • Start sooner than you think. Big life changes like having a child or buying a house are the moment to plan. Lauren also stresses that an estate plan isn't only for death; it covers incapacity too.

  • Wills vs. trusts. With only a will, heirs may face probate, a court process Lauren calls expensive and time-consuming in California, and one that becomes public record. A trust can keep your assets and information private.

  • Business owners and founders. Startups and small businesses need a backup plan if something happens to the person who built them. The trust owns everything, including the business, which can still be its own LLC or corporation. Trust assets must pay outstanding debts before beneficiaries receive their share.

  • Royalties and residuals. Authors and creators need to decide who controls and receives that income. Lauren points to the Tolkien family's control over the rights to Lord of the Rings as an example of the difference a plan makes.

  • Name a successor trustee, and a backup. It's usually wise to ask people first whether they're willing to serve, and to name someone else in case they say no.

  • A trust only works if it holds your assets. The key is retitling: new property and new investment accounts need to be in the name of the trust. Lauren also says to keep your asset list current.

  • Protect the people you're leaving things to. Assets can go to beneficiaries outright or be held in trust, and Lauren recommends building in flexibility instead of locking money to a single purpose.

  • Moving states or countries. A U.S. trust generally follows you from state to state. Assets abroad, such as property in Mexico, should be handled by an attorney in that country.

  • Keep a will as a backup. A "pour-over" will sends anything not properly titled into your trust.

  • Review your plan as life changes. Retirement, growing kids, and life insurance beneficiaries are all reasons to revisit who you've named and whether they still make sense.

  • Guardians and powers of attorney. Even young families and people with few assets benefit from a will naming a guardian for their kids, plus financial and health care powers of attorney. Guardians have to say yes, and a court is often involved.

  • Do handwritten wills count? They can, and Lauren shares a famous law school story about a will written on the side of a tractor. But vague wording often ends up in court anyway, which is why she recommends working with an attorney.

  • Avoiding family fights. California trusts can include a no-contest clause, and Lauren advises against handing out copies of your plan. Personal property and heirlooms are often what families fight over most, so give your kids an idea of your wishes.

  • Originals and safe deposit boxes. Lauren keeps her clients' originals safe for them. She doesn't always recommend safe deposit boxes because loved ones can struggle to find the keys later.

  • Advance health care directive. This names the person who can make medical decisions if you can't, and makes your wishes clear.

  • Passwords and digital accounts. Lauren's firm provides a template letter to your successor trustee covering where passwords are kept and what to do with accounts like Facebook and Instagram. Lisa and Lauren also discuss the risks of one person holding all of a business's passwords.

📥 Free Estate Planning Checklist: Lauren offers a free Estate Planning Checklist for download at www.cormanlaw.net. It appears in a popup on her home page, and no email is required.

About Lauren T. Corman

Lauren T. Corman is the Managing Attorney at the Corman Law Offices, a boutique estate planning firm serving individuals, families, and business owners throughout Santa Cruz, San Jose, and the greater Bay Area. Established more than 45 years ago, the firm helps clients protect what matters most through thoughtful estate planning, trusts, tax planning, and legacy planning.

Lauren is a California Certified Specialist in Estate Planning, Trust and Probate Law, with experience in estate planning, elder law, business planning, and taxation. She is passionate about making complex legal concepts approachable and helping families create clarity, confidence, and lasting plans for the future. Visit www.cormanlaw.net.

Lauren is licensed in California, and laws vary by state. This conversation is general information, not legal advice.

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