Here in Los Angeles, most of us know somewhere in the back of our minds that our homes could be wiped out in practically the blink of an eye by an earthquake or wildfire. That’s happened to many of our friends, family, colleagues and neighbors over the course of the past decades — most recently in the fires that swept through parts of the state in November. That’s why it’s essential to store necessary documents — including our estate plan — in a safe place so that they’ll survive a disaster, even if we don’t.

One of the best ways to do that is to have them saved online in the cloud. This way you can access them even if your own computers have been destroyed or you can’t get to them.

Some people prefer to keep their valuable documents in fireproof safes in their home or in strong boxes that they can take with them if they have to evacuate their homes. However, you may not have time to grab anything besides your pets and some clothes if you have to leave in a hurry.

Another option is a safe deposit box in a local bank. However, if you’re keeping your estate planning documents there, you need to make sure that your executor knows about it and is able to show documentation to the bank proving that they are legally authorized to access it. That’s why any documents giving them that right shouldn’t be inside the box. It’s fine to keep copies there, but not originals.

Aside from having your estate planning documents in a secure location where they can be accessed if you’ve passed away or are incapacitated, you should also be sure that your executors and other fiduciaries, such as those you’ve given power of attorney to, have the passwords necessary to access your accounts. It’s important, however, to keep your passwords and account numbers in separate locations.

You should also make sure that these executors and fiduciaries know who to contact if they need to. It’s wise to include contact information for your attorney, financial advisor, accountant and insurance agents with your emergency contact list.

Your estate planning attorney may be able to keep all of this information on file so that it’s available to your executor. If that’s not an option, they can recommend ways to secure this information and make sure that the person or people who need to access it will be able to do so.

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One of the life events that motivates many people to give some thought to estate planning — at least one element of it — is having a child. Many parents want to plan for the worst- case scenario that they both die (perhaps in a car or plane crash) and leave their children orphans.

While that’s a situation no one wants to contemplate, you don’t want your family members having to spend time in court seeking guardianship of your kids or — worse — battling over who is best able to care for them. In fact, you may prefer that someone besides a family member becomes your child’s legal guardian. By naming one or more guardians for your children, you are taking a vital step to ease the transition for your kids at a traumatic time in their lives.

Choosing a guardian for your children can be one of the most difficult aspects of estate planning. You want to do what is best for them. You have to make sure that the person you choose is willing to take on the responsibility. You may also have to be prepared to break the news to grandparents, aunts and uncles that you aren’t choosing them.

There are many factors to consider when choosing a guardian. Below are just a few of them:

• Will the person be around and healthy until your kids are adults? That’s one factor that keeps many people from choosing grandparents.
• Does the person have the financial resources to raise a child (or children)? You may have plenty of money to leave them for that purpose. However, if you don’t, that’s an important consideration.
• Will the person raise your kids similarly to the way you would have? This means choosing someone who shares your values, goals and parenting style.
• Do you want a couple or a single person raising your kids? Maybe you prefer to choose a couple. However, you may have a single friend or family member whom you think would do a good job.

You’ve made your choice of guardian, and the person has agreed. Be sure they know what this encompasses and that they aren’t just saying yes because they’re flattered or don’t want to turn you down. Your attorney may recommend that the person sits down with you and them as you work out the details of the legal document(s) you’re putting in place.

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Are you headed for a second marriage? Are you already married for a second time? Do you have children from your first marriage? These are all important questions you will need to answer when putting together your estate plan or modifying your current plan. If you answered yes to these questions, there could be some considerations you missed that will help protect your children.

If you’ve remarried, you likely have joint accounts with your new spouse to pay the mortgage and the utility bills. However, if you are entangled with a former spouse, having these joint accounts could be an issue. It might be better for you and your current spouse to keep your money in separate accounts, especially since you could be on the hook for old debt.

You need to think about what will happen to your assets after death. If your spouse marries again, your assets could wind up commingled, unless you create a trust that can protect your children from the first marriage.

What about the family home? Does your second spouse get to remain in the home after your death? You can put the home in a trust to protect the spouse from having to sell it and move out. You can put stipulations in the trust as to how long the surviving spouse can remain in the home with the children.

Making sure that your children from a first marriage are protected when you enter into a second marriage should be a priority when updating your estate plan. Take the considerations mentioned above into account so that there are no issues for your children when you die.

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It is common for an individual to choose a relative or close and trusted friend to serve as executor of the estate when the time comes. For example, your parents or another loved one may have asked you to be the executor of their estate when they pass. While you probably felt honored at being entrusted with such an important task, it is important to remember that an executor’s duties can be extremely complex and time-consuming.

Before you accept the role of executor, you should take the time to consider the full scope of the tasks you will have to perform. Here are a few questions you should ask yourself before you accept the position of estate executor.

Do you have enough time?

Acting as the executor of an estate can often take an immense amount of time. It can often take more than one year to completely close out a loved one’s estate. You may have to make multiple trips to the courthouse, spend time working with an accountant to prepare tax documents and dealing with other legal and financial issues along the way. These tasks can be even more difficult if you are grieving a loved one at the same time you are acting as his or her executor.

Are you organized?

Your duties as an executor will require you to be highly organized. You will have to keep multiple copies of official documents, including the death certificate and other filings. In addition, you must keep a detailed record of every conversation or encounter you have with financial advisors, bankers, lawyers and anyone else you deal with concerning the closure of the estate. If you are not a detail-oriented person, the record-keeping alone may too much to effectively handle.

Can you handle it?

During the administration of the estate, you will have to come into contact with a wide variety of people. Some of them may not be as helpful or cooperative as you would prefer. This can cause even more stress for someone trying to juggle one’s life along with the needs of the estate. The role of estate executor can be extremely stressful, so be sure you have the right temperament to deal with the frustration you will more than likely experience.

Do you know what you have to do?

Before you accept the duties of executor, be sure you understand what that entails and the rules you will have to follow. Not only does the federal government have certain rules you must follow, especially when it comes to filing tax documents and returns for the estate, but the state of California will also have its own set of regulations regarding estate administration. Take the time to become familiar with the rules and laws you will have to follow as an executor working on behalf of the estate.

Can you afford it?

If your mother lives in Los Angeles and you live in Portland, you might have to travel to California on more than one occasion to sign papers or meet with lawyers or financial professionals. Even though you can complete many tasks remotely through email, there will probably be at least a few times when you will have to complete a transaction or task face-to-face.

While the estate plan might have a provision to pay you for your time or reimburse travel expenses, you might end up having to pay some of the related expenses out of your own pocket. Can you afford to take the time necessary to act as executor and possibly pay for your own travel during the process?

The duties of an estate executor are often complex and time-consuming. Before you accept the position of executor, be sure you have what it takes to handle the estate administration tasks you will have to perform.

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One of the key focus areas for estate planning for parents of young children is simply picking who is going to take care of them. It goes far beyond simply passing assets on to the kids, as would be done once they are adults. They need help and guidance moving forward. They need people who can stand in for their parents.

You may have heard two different terms related to this process: guardianship and conservatorship. There is often a lot of confusion about exactly what these mean, so let’s take a moment to clear it up.

The similarities

In both cases, the term just refers to a person who agrees to help take care of someone else. The exact type of care differs from case to case, but it could mean giving them a place to live, dealing with their assets, caring for their basic needs and the like.

That’s why it’s so important to pick someone trustworthy who puts the other person’s best interests first. They are basically taking on the parent’s role.

The differences

Under California law, a guardianship is used when the person is a minor. A child who is under 18 years old gets care under this system. While this relationship may last for life, the legal obligation ends when they become an adult.

A conservatorship happens when the person is an adult. They may still need care due to special needs or mental and physical disabilities. Parents know that they have to provide this care for their child for life, regardless of the child’s age.

The confusion

In other states, these terms differentiate between taking care of the financial assets and taking care of the person. In California, that’s not how it works. Much of the confusion stems from misleading information coming from other states, which does not apply in California.

Picking a guardian

For those picking someone to fill this role in their estate plan, here are a few tips:

• Do not assume that you have to pick another couple or that doing so is automatically the best idea.
• Consider relatives, but do not assume you have to use them.
• Think carefully about things like parenting styles and fundamental values.
• Think about the financial picture, as well. It takes more than love to raise a child. It also has to be financially feasible.
• Consider both health and age. For instance, many people automatically want to leave children with their own parents, or the children’s grandparents, but will they be able to care for the kids until they are 18?

As you can see, there is a lot to think about. Those who are dealing with someone else’s estate plan need to know what it means, why they drew it up that way and what legal steps they should take.

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You don’t have to be a billionaire to have foreign assets. Many Americans have property, businesses and other investments in foreign countries. Just as you deal with those assets separately when it comes to paying taxes, you also need to give special consideration to them as you do your estate planning.

Make sure that your California estate planning attorney knows about any foreign assets you own. Too often, people neglect to mention them. However, whether it’s a small cottage that once belonged to your great-grandparents in Ireland or a share of your college roommate’s wine business in Italy, you need to let your attorney know so that they can help you make whatever plans you have for them after you’re gone. Your attorney can also advise you of the potential impact on any taxes owed by your estate.

It’s also important to talk with an attorney in the country where your asset is. Countries have vastly different probate and tax laws. Sometimes, treaties between countries can impact how an American’s assets are taxed. Your California attorney and your attorney in the other country will likely need to work together as you develop your estate plan.

Your attorneys may recommend that you have separate wills — one in each country where you have assets. This should make the probate process easier for your family and other administrators and minimize the chances of violating any tax laws.

Dealing with a loved one’s estate can be complicated and time-consuming, even when all of the assets are in the U.S. If you don’t address the assets you own in other countries, your loved ones may have to travel abroad and possibly deal with legal documents written in a language they don’t know. You can make things easier for your family by making sure that you address your foreign assets as you draft your estate plan.

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Many Californians resist putting an estate plan in place. Even when people get older and their health starts to deteriorate, they may feel like planning for their death is tempting fate.

However, an estate plan isn’t just about designating what will happen to our assets after we’re gone. Many estate planning documents are designed to let people make their wishes known about what kind of health care they want if they are unable to speak for themselves. They ensure that trusted people will have the necessary authority to handle their finances and manage their medical treatment if they can’t do it.

Here in California, you can use an advance health care directive to designate your wishes for end-of-life care and what kind of life-sustaining measures you want used (or not) under various circumstances. An advance health care directive may even allow you to avoid having a conservatorship.

You can also choose someone to give power of attorney (POA) over financial matters and health care. This may be the same person, or you may choose two different people to have these authorities.

If you’re going to be moving into an assisted living community, you should already have these documents in place. Some assisted living providers require that their residents have them before they move in. Even if you’re fully competent and have all of your wits about you, that can change in seconds with a fall or a stroke. Assisted living providers need to know who will be making decisions on your behalf when you can’t.

No two estate plans look alike. By discussing your individual situation, your wishes and goals with an experienced attorney, you can put an estate plan in place that will fit your needs and provide you with peace of mind that your wishes will be known and respected.

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Sometimes, people make decisions when drafting their estate plan that they don’t discuss with their family. They may want to avoid the conflict inherent in telling a child that their sibling is getting more money than them or that they’re leaving the bulk of their estate to their favorite animal rescue group instead of their children and other family members. They may feel that a friend or caregiver has done more for them in their old age than any of their kids and want to reward them accordingly.

When family members find out that they’ve been left little or nothing after a loved one has passed away, they may suspect that something is amiss — particularly if that loved one never talked with them about their estate plan.

If you’ve been completely disinherited or received only a small fraction of a loved one’s assets compared to others, you may be considering contesting the estate plan in court. It’s essential to understand the grounds required for such a contest. At least one of the following must have occurred:

Lack of capacity

You’ll need to show that your loved one wasn’t mentally capable of understanding the provisions and ramifications of the estate plan when they created or changed it, perhaps because they were suffering from dementia or impaired by drugs.

Undue influence

You would have to prove that someone pressured your loved one into leaving their assets to them rather than you and/or others they intended to have them.

Fraud

You would need to provide evidence that your loved one was tricked into leaving assets to someone else. Perhaps, for example, they thought they were signing a different document than they were.

Improper execution

You would need to show that the estate plan wasn’t properly prepared or executed as required under state law.

An estate plan contest can be very costly. Therefore, it’s wise to consider whether you have a valid case. Further, would the amount you’d receive if the challenge was successful be worth what it would cost you — both in money and fractured relationships?

Of course, if someone acted illegally to try to gain assets your loved one didn’t intend to leave them — particularly if elder abuse was involved — you may want to pursue a criminal case. It’s wise to talk with an experienced attorney to determine your best course of action.

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As we age, most of us will become less independent at one point or another. While many elderly people are able to continue living relatively independently in the later years of their lives, others require the type of support that family members would simply not be able to provide.

If you are worried about the declining health of one of your loved ones, you might be concerned about their safety when they are living at home without constant support. In this situation, it is likely that you will want to talk to your parent about their future, but it can be difficult to know where to start.

How to start the conversation

It can be a challenge to raise questions surrounding assisted living, because the topic can be sensitive. You would never want your parent to think that you were trying to take away their freedom, or see them as a burden or inconvenience in any way.

This is why you should try to raise the topic in a lighthearted but sensitive way. You may want to kick start the conversation by talking about an issue that sparked you to have concerns. For example, if your parent had a fall recently, you might want to mention this to them and explain that if this had happened at a different time of day or near a stairwell, the consequences could have become much more serious. Using this specific concern as a conversation starter, you may be able to talk about the topic in a broader way.

Taking the time to learn about your parent’s preferences

If your parent is still of sound mind, you may want to raise questions about their preferences regarding nursing care and assisted living. You cannot take for granted that they will always be competent enough to express their own preferences regarding this. You may also want to look into the ways that estate plans can help aging people to state their wishes in later life.

If you have an aging parent, it is important that you take the time to understand how the law makes it possible for them to set their preferences for assisted living and health care.

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It’s essential to review your estate plan whenever a significant life event happens to you or someone in your family. You’ll want to determine if any modifications are necessary to make sure that your plan reflects your current wishes.

Divorce is a life event that can require a number of modifications. You likely don’t want your ex having power of attorney or other fiduciary authority over your estate. Chances are, you don’t want them to be one of the primary beneficiaries of your assets, either.

California probate law does prevent people from inheriting assets from a deceased ex unless the deceased spouse reaffirmed their wish for their ex to inherit something after the divorce was final. Nonetheless, it’s wise to make your wishes clear — whatever they are — to help avoid a court battle over your estate.

What if you included your stepchildren in your estate plan? Many people become close to their stepchildren over the years and even help raise them. When that’s the case, it may seem natural to want to leave them something after you’re gone.

California law doesn’t automatically nullify those gifts as designated in an estate plan after a stepparent divorces the children’s parent. In at least a couple of cases dealing with this issue, though, the courts determined that the deceased stepparent’s wishes prior to the divorce — and not updated after it — likely no longer were the same when they died.

In one case, an appellate court ruled that “when a testator provides for his spouse’s children, he normally intends to exclude children of an ex-spouse after dissolution, unless a contrary intention is indicated elsewhere in his will.”

In another case, a different appellate court noted that in determining what to do, it could also look at whether the stepparent and stepchild continued to have a relationship after the divorce and determine from that what the deceased stepparent would have wanted.

As noted, by updating your estate plan after your divorce and making your current wishes clear, you eliminate the need for a court to try to determine what you wanted. You also save your current and former loved ones the stress, time and expense of going to court.

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