How To Protect Your Estate in the Event You Are In A Coma
If you are in a coma, you may have no control over what happens to your estate. You may be unconscious or unable to communicate. This can cause problems for your family because there is no way for you to tell them what you want done with your assets.
An estate planning lawyer from the Yee Law Group Inc. can help you protect your assets when you cannot take care of them yourself. They can also help you avoid probate court by using trusts or other methods.
What Is Estate Planning?
Estate planning involves making arrangements for how your assets will be distributed when you die. An estate planning attorney can help you set up an estate plan that takes into account your wishes regarding who should receive what assets after death, what taxes may be due on those assets, and how they should be distributed among family members.
What Can Happen To Your Estate if You Are In A Coma?
If you are in a coma, the probate court will appoint a guardian who will take control of your affairs. A guardian can make decisions about how to use your money and property, such as selling your house or bank account and using the proceeds to pay off debts or provide for others.
If there is no guardian appointed by the court, anyone can apply for an appointment as a temporary conservator of the estate. This person will have the same powers as a guardian with respect to managing and controlling the estate assets until such time as a permanent conservator is appointed by the probate court.
In the event that you are in a coma and unable to communicate, your estate planning lawyer from the Yee Law Group, P.C. will be able to step in and manage your affairs.
In many cases, an area of law known as guardianship is used to protect the interests of persons who are unable to manage their own affairs due to illness or injury.
A guardian is usually appointed by a court when a person is determined to be incapacitated by reason of mental illness, mental retardation or physical incapacity. The guardian will have the authority to make medical decisions for the incapacitated person and manage his or her finances. Guardianship may also be used if someone is declared mentally incompetent by a judge.
An estate planning lawyer can help you prepare for this possibility by drafting documents that appoint a trusted friend or relative as guardian should something happen to you. You can also leave instructions regarding what you would like done with your property if this happens so there will be no confusion about what should happen next.
Without an advance healthcare directive in place, doctors may make their own decisions about your treatment without consulting with anyone else first. This could result in unnecessary medical procedures being performed on you against your wishes or against what your doctor believes is best for you at the time. An estate planning lawyer from the Yee Law Group Inc. can help you create an advanced healthcare directive so that there is clear communication between everyone involved when making these types of decisions about how to proceed with treatment options.
Estate Planning FAQs
Creating an estate plan is one of the most important ways you can protect your family and assets. Whether you’re preparing a will, setting up a trust, or thinking about long-term care, it’s ideal to have clear answers to your legal questions. Our Roseville estate planning lawyer can help you understand your options and make decisions that work for your unique situation. Below are answers to some of the most frequently asked questions we get about estate planning.
What Is The New Inheritance Law In California?
Homes valued at $750,000 or less may now qualify for a simplified probate process. This applies only to primary residences, not vacation homes or investment properties, and is based on the home’s fair market value.
If you’re unsure whether these changes affect you, working with our California estate planning attorney can help you make informed decisions and update your plan accordingly.
How Much Does An Estate Have To Be Worth To Go To Probate?
In California, estates worth more than $184,500 typically require probate unless the assets are held in a trust or pass automatically to a beneficiary. Real estate valued over $61,500 may also trigger a separate court proceeding.
Probate can be time-consuming and costly, but proper planning—such as creating a revocable living trust—can help your loved ones avoid this process. Talking with our Roseville estate planning lawyer is a good first step if you’re unsure whether your estate is set up to avoid probate.
What Happens To A Bank Account When Someone Dies Without A Will?
If the deceased person didn’t set up a payable-on-death (POD) beneficiary on their account, the bank account becomes part of the probate estate. That means it can’t be accessed by the family until the court authorizes someone to manage the estate.
If there is a named POD beneficiary, the funds pass directly to that person without court involvement. Setting up beneficiary designations is a simple but effective part of a solid estate plan.
What Is The Order Of Heirs In California?
When someone passes away without a will, California’s intestate succession laws determine who inherits their assets. The order starts with a surviving spouse, followed by children. If there are no children, the next in line are parents, then siblings, and then more distant relatives like nieces, nephews, and cousins.
If no legal heirs can be found, the estate goes to the state. If you want to make specific choices about who should receive your property, creating a personalized estate plan is the best way to do that.
How Often Should I Update My Estate Plan?
We recommend reviewing your estate plan every three to five years or whenever a major life event occurs. This includes changes like marriage, divorce, the birth of a child, moving to a new state, or significant changes in financial status.
Outdated documents may no longer reflect your wishes or comply with current laws. Keeping your plan current gives you peace of mind and helps avoid confusion for your loved ones later.
Work With A California Firm That Puts Your Priorities First
Estate planning isn’t just about documents—it’s about protecting what matters most. At Yee Law Group Inc., we work with clients throughout Northern California to build practical plans that reflect their values and goals. If you’re ready to get started or need to review your existing plan, reach out to speak with our estate lawyer today.
