Kendra Hampton is an accomplished attorney with a proven track record of success in handling a diverse range of legal matters. Throughout her career, Kendra Hampton has demonstrated her expertise in resolving client issues with precision and dedication.
Working with Kendra to complete my estate planning has been an incredible experience. As many can imagine, creating documents such as a will, trust, and health care directive are not always the easiest. However, with her guidance, kindness, empathy, knowledge and mastery of the law, Kendra made the process effortless. From the initial consultation to the final day of signing my documents she has answered all of my questions and worked with me to achieve my desired goals and outcomes. I would highly recommend her to anyone.
Kendra was incredibly helpful in helping me set up my new estate. From the very beginning she patiently explained the different options available in an easy-to-understand way, went through the pros and cons for each, and helped me choose the best option for my circumstances. The whole process end to end was very easy thanks to Kendra’s continual guidance. Highly recommend!
Kendra Hampton was recommended to me by multiple colleagues and upon our first interaction I could see why! Her patience, attention to detail, expertise, and personalized approach made my estate planning experience reassuring and enjoyable. I highly recommend Kendra for anyone seeking reliable legal guidance tailored to their unique needs.
Working with Kendra to create and establish a living trust for our family was a great experience. She exercised genuine care and patiently guided us through the entire process. We appreciated the references that Kendra provided to help us achieve a fully comprehensive plan, as well as her availability to handle our plan within the time period goal we had set.
Kendra helped us with our complicated estate plan with a lot of patience and great insight. She really went above and beyond to make the process painless and clear. We couldn’t have asked for more!
Kendra Hampton provides you with the personalized attention and guidance needed to smoothly navigate the intricate landscape of estate planning
Unlike other law firms, Kendra Hampton Law provides clear and prompt communication, addressing your concerns with expertise and consistency. We know legal matters can be overwhelming, so we’ve streamlined our process to make it as straightforward as possible. From the initial consultation to final execution, we guide you every step of the way with clarity and ease.
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Estate planning is the process of meeting with an attorney who creates legal documents that clearly communicate and document your end-of-life wishes, including what happens if you become incapacitated and are unable to make medical or financial decisions for yourself. Estate planning is a good idea for every adult, not only the wealthy or elderly.
Though not all estate plans are the same, the most common documents are:
Will: Identify who will receive your assets (your beneficiaries), select guardians for your
minor children, and name an executor to ensure your final wishes are carried out.
Revocable Trust: Transfer your assets to your designated beneficiaries when you die
while avoiding the probate process. You can change or cancel a revocable trust during your lifetime, and you can put assets into or take assets out of the name of the trust at any time.
Advanced Health Care Directive: Select a person or persons (“agent”) to make health
care and medical treatment decisions for you if you become incapacitated and cannot make decisions for yourself. You can also specify the type of medical treatment you want under specific circumstances (ex. artificial life support, organ donation, tube feeding).
Financial Power of Attorney: Select a person or persons (“agent”) to manage your financial or legal affairs. It not only gives the agent power over your finances, but can also include specific directions on how you would want your finances to be handled.
An estate is any property or assets you own at the time of your death, including:
A well-designed plan protects you and your family during your incapacity and after your death,and can achieve the following:
Each state in the United States has slightly different probate rules and procedures, though the probate process in every state is time consuming and costly.
In California, probate typically takes at least one year, and could take several years depending on the circumstances.
Some factors that affect timing are whether family members agree, how many assets the decedent left, whether the will is contested, whether there are creditors, how difficult it is to find beneficiaries or heirs, and whether the executor or personal representative is attentive to his or her responsibilities.
In addition to court filing fees, the executor or personal representative typically hires a probate attorney to advise them throughout the process.
In California, probate attorneys charge a fee that is a percentage of the value of the decedent’s assets that go through probate.
Those percentages are set by state law. In California, those percentages currently are: 4% of the first $100,000 of the gross value of the probate estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and so on.
No, not every estate goes through probate.
Probate may not be necessary if a decedent left a small estate. For example, in California, if the gross value of the decedent’s total estate (real and personal property) in California is $184,000 or less, the successor(s) of the decedent may not have to go to court. California permits a small estate affidavit as a way for a decedent’s successor(s) to claim assets instead of going through probate. If the decedent left real property, even if worth $184,500 or less, the estate may need to go through a simplified probate process to legally transfer title.
In addition to small estates, if the decedent created a valid trust and placed his or her assets into that trust, those assets will avoid probate. When a person (the “Settlor”) creates a trust, the assets are owned by the trustee, so upon the death of the Settlor, the trustee transfers the Settlor’s assets directly to the Settlor’s beneficiaries.
The time it takes to complete estate planning varies depending on the complexity of your
situation and how quickly you make decisions. Generally the process can take anywhere from a few weeks to a few months.
Here is a rough timeline:
Here are key groups of people who should consider an estate plan:
1. Parents with Minor Children. To designate guardians and ensure their children are cared for by chosen individuals.
2. Homeowners. To specify how real estate should be managed or transferred.
3. Individuals with Significant Assets. To minimize estate taxes and ensure assets are distributed according to their wishes.
4. Business Owners. To ensure succession plans and business continuity.
5. Individuals with Dependents. To provide for dependents who may have special needs or rely on financial support.
6. Married Couples. To protect their spouse and clearly define the distribution of shared and individual assets.
7. Single Individuals. To specify beneficiaries and make decision about their health care and finances in case of incapacity.
8. People with Specific Bequests. To ensure personal belongings or assets are given to specific individuals or charities.
9. Elderly Individuals. To plan for long-term care, medical decisions, and the distribution of their estate.
10. People with Health Issues. To select an agent to make health care and medical treatment decisions for you.
11. Anyone Wanting to Avoid Probate: To facilitate a smooth and private transfer of assets, avoiding the time-consuming, expensive and public probate process.
Updating an estate plan is an important aspect of ensuring that your wishes are accurately reflected and legally sound. Here are some key times when you should consider updating your
estate plan:
1. Major Life Events:
– Marriage or Divorce: Update your estate plan to reflect changes in marital status.
– Birth or Adoption of a Child: Ensure your new child is included in your estate plan.
– Death of a Beneficiary or Executor: Update to reflect the change.
– Significant Changes in Financial Situation: If you receive a large inheritance, win the lottery, or experience a significant increase or decrease in assets.
– Health Changes: A diagnosis of a serious illness or disability for yourself or a family member.
– Buy or Sell Real Property. Update to reflect the change.
– Move. Update to reflect the change.
2. Changes in Law:
– Tax laws can change, potentially affecting your estate plan. Review your plan with an
attorney periodically to ensure compliance with current laws.
3. Periodic Reviews:
– Every 3-5 Years: Even if there are no major life events or legal changes, it’s wise to
review your estate plan every few years to ensure it still meets your needs and goals.
4. Changes in Relationships:
– If relationships with beneficiaries, trustees, or executors change significantly, consider
updating your plan to reflect those changes.
5. Changes in Your Wishes:
– If your priorities, goals, or preferences for asset distribution or guardianship of children
change, update your plan accordingly.
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