You don’t need this figured out before you call. Here’s what most people want to know first.
Estate planning basics
A will is a legal document that says who gets your property after you die, and who is in charge of handing it out. It also lets you name a guardian for your minor children. A will only takes effect when you die, and in most cases, it has to go through probate court, where they validate the document and supervise the execution of the will. Probate is public and often lengthy.
A trust is a legal vehicle that holds your property for the benefit of the people you choose, during your life and after it. You transfer assets into the trust and name a trustee to manage them under the rules you set. A trust takes effect the moment you sign it. Because the trust owns the assets, they generally pass without going to probate court, but a trust only controls what you actually put into it, which is why taking the steps to fund it is critically important.
State law decides who gets your property. That’s a real problem if you want to provide for an unmarried partner, a friend, or a charity.
Probate is the court process for settling an estate: collecting assets, paying debts, then distributing what’s left. A will doesn’t skip probate, it instructs the executor, under court supervision, on how to manage and distribute assets. Property in a trust or in named-beneficiary accounts can bypass probate court, but you need to ensure they were properly set up and funded.
Most plans should include a will, a financial power of attorney, and healthcare documents naming who makes medical decisions if you can’t. In California, most people should also create a trust in order to avoid probate. Coordinating your wishes across these documents, and reflecting how your property is titled is most of what a good plan does.
While many people don’t like to think about estate planning, it’s never too soon to start. For many of our clients, there is a specific catalyst like getting married and having a child, or having a wealth creation event (whether getting a major promotion, a company exit, or receiving a large inheritance).
It’s especially worth it if you have a blended family, a beneficiary with a disability, a business, property in more than one state, or conditions you want attached to an inheritance. An attorney catches issues you wouldn’t think to look for and makes sure everything works with your state’s laws.
Yes, you can generally update a will or revocable trust anytime, as long as you follow the right steps to make the change valid. Revisit your plan after a marriage, divorce, birth, death, move, or major financial change. Irrevocable trusts require additional steps, and potentially a court proceeding.
Planning for more complex situations
We also handle more complex trusts and planning, and quote that work individually, up front. We’re still refining pricing for these as we learn from our early matters.
Why work with an attorney
You can, and transparently DIY forms might make sense for many people with simple situations. At the same time, the risk is that you get an over-generalized plan that doesn’t meet your needs — both the ones you’ve considered, and the ones you didn’t realize you should have considered. DIY forms don’t deal well with any sort of custom preferences, and don’t try to accommodate the complexity that comes with business interests, blended families, special needs children, or long-term care planning.
At Jay, we believe that technology can do a lot to simplify and streamline the process of planning for both attorneys and clients — far beyond simple situations, but we are intentional about where we rely on attorneys and where we use technology and forms.
Think of it as the difference between going to see a doctor or asking Claude or ChatGPT. For a runny nose or a simple rash, you might self-diagnose. But for a serious condition, you still want to see a doctor.
Wills and trusts are simple on their face, but they ultimately relate to ensuring that your wishes with respect to everything you own and everyone you care about are reflected when you die.
You can and this will no doubt improve over time, but today this carries more risk than DIY forms. Whereas DIY forms are rule-based and at least nominally signed off on by licensed attorneys, Claude or another AI tool could easily generate documents with material errors — and little is known about what they were trained on or how much emphasis has been put on specific skills like estate planning.
At Jay Law, we do use AI in the planning process, but in a way that has been designed and overseen by licensed attorneys.
Working with Jay Law
No. Jay Law is supported by Jay OS, a technology company designed to make planning as efficient as possible without compromising the client experience. Our attorneys spend the majority of their time with clients, and work closely with engineers to streamline the process and reduce the risk of error.
Most plans move from a first conversation to signing in two or three weeks, depending on complexity.
Yes. Trust and estate administration is a core part of the practice.
Fill out the contact form. A short conversation follows. Bring your questions. You don’t need documents in hand yet.
Ask it directly. That’s exactly what the first conversation is for.
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