Frequently Asked Questions

Chaney Counsel focuses on estate planning, special needs planning, trust administration, probate, and conservatorships for individuals and families throughout Los Angeles County, Ventura County, and surrounding Southern California communities.

Our firm takes a family-centered approach focused on protecting loved ones, preserving peace of mind, and helping clients plan confidently for the future.

Yes. Many of our services are offered on a transparent flat-fee basis so clients understand the cost of representation upfront. If a matter requires hourly or hybrid billing, we will discuss that with you in advance so there are no surprises.

Yes. We offer both virtual and in-person consultations to make the planning process convenient and accessible for individuals and families throughout California.

You can contact our office by phone, email, or through the contact form on our website to schedule a consultation.

Estate planning is the process of creating legal documents and instructions to protect your loved ones, your assets, and your wishes both during your lifetime and after death. A thoughtful estate plan can help provide clarity, avoid unnecessary court involvement, and ensure important decisions are handled by people you trust.

Yes. Estate planning is not only for high-net-worth individuals. Estate planning can help families at all income levels by planning for incapacity, naming guardians for children, appointing trusted decision-makers, protecting loved ones, and reducing confusion and conflict during difficult times.

A comprehensive estate plan may include:
– Revocable Living Trust
– Last Will and Testament
– Durable Power of Attorney
– Advance Health Care Directive
– HIPAA Authorization
– Guardianship Nominations
– Special Needs Trust planning, when appropriate

A will outlines your wishes and names guardians for minor children, but it generally must go through probate after death. A revocable living trust can help avoid probate, provide privacy, and allow assets to transfer more efficiently to beneficiaries.

Many families benefit from having both a trust and a will as part of a complete estate plan.

Estate plans should generally be reviewed every three to five years, or anytime there is a significant life change, such as:
– Marriage or divorce
– Birth of a child or grandchild
– Purchasing or selling property
– Changes in assets or financial circumstances
– Changes in health
– A beneficiary developing special needs
– Moving to another state

Regular reviews help ensure your plan continues to reflect your wishes and current laws.

Trust funding is the process of transferring assets into your trust so the trust functions as intended. This may include retitling real property, updating financial accounts, or changing beneficiary designations. A trust that is not properly funded may still require probate.

Yes. Estate planning can help your family avoid probate. One of the primary goals of estate planning is to help your loved ones avoid probate whenever possible. Probate is the court-supervised process of transferring assets after someone passes away, and in California, it can be time-consuming, public, and expensive.

A properly prepared estate plan, including a Revocable Living Trust, can allow many assets to pass directly to your beneficiaries without court involvement. By placing assets in your trust during your lifetime and coordinating beneficiary designations, your family may be able to avoid the delays, costs, and stress often associated with probate.

Estate planning can also help:
– Keep your affairs private
– Make it easier for loved ones to manage assets after death
– Reduce the likelihood of family disputes
– Provide clear instructions for your wishes
– Create a plan for incapacity during your lifetime

Every family’s situation is different, and probate avoidance depends on how assets are titled and whether the plan is properly maintained and funded. At Chaney Counsel, we guide clients through both creating their plan and understanding the key next steps to ensure it works as intended.

A Special Needs Trust (also called a Supplemental Needs Trust) is a legal tool designed to help provide financial support for a person with disabilities while preserving eligibility for important public benefits such as SSI and Medi-Cal.

A general trust may unintentionally disqualify a beneficiary from needs-based public benefits if distributions are treated as income or resources. A properly structured Special Needs Trust is specifically designed to supplement – not replace – government benefits while improving the beneficiary’s quality of life.

An ABLE account is a savings account designed for certain individuals with disabilities, allowing funds to be saved and used for qualified disability expenses without automatically affecting eligibility for certain public benefits. ABLE accounts are often used together with a Special Needs Trust as part of a broader long-term planning strategy.

Families may want to consider special needs planning anytime they are concerned about preserving public benefits, planning for long-term care, preparing for future caregiving transitions, or leaving assets to a loved one with disabilities. Planning early can help provide greater stability, structure, and peace of mind for the future.

Trust administration is the process of managing and distributing trust assets after someone passes away according to the terms of the trust. This may include gathering assets, preparing notices, assisting trustees, coordinating distributions, and handling legal or administrative requirements.

Probate is the court-supervised process of settling a person’s estate after death. Depending on the circumstances, probate may involve validating a will, appointing an executor or administrator, paying debts, and distributing assets to beneficiaries or heirs.

No. Many assets can pass outside of probate through a properly funded trust, beneficiary designations, joint ownership arrangements, or other estate planning tools. Whether probate is required depends on the nature and value of the assets involved.

A trustee or executor is responsible for carrying out the terms of the trust or estate plan. Duties may include managing assets, communicating with beneficiaries, paying debts or expenses, maintaining records, and distributing property according to the legal documents and California law.

We help trustees and executors understand and fulfill these responsibilities with confidence and clarity.