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The Government’s Plan for You

Don't suffer the consequences of dying without a will or an estate plan in California.

The California Probate Code allows the court to appoint a conservator of the person for someone who cannot properly attend to his or her personal needs and a conservator of the estate for someone who is “substantially unable to handle his or her financial resources”. That means that if you become disabled, the government may decide who will take care of you and that your care will then be governed by the expensive and time consuming judicial procedure known as a conservatorship until you are no longer disabled. And when is the last time that you have heard of any mentally disabled person being able to resume care of themselves ? That’s right. You will probably be under the care of the courts for the rest of your life.

At death, California law dictates that your assets will go to your “heirs at law” in predetermined percentages through the very expensive judicial procedure known as probate. Please reference the practice area entitled Probate Law for further information. 100% of the assets will be distributed when your children are 18, regardless of maturity or financial capability.

California will also decide who raises your minor children if the other spouse does not survive or is not custodial (as after some divorces). If your family or friends disagree about who should raise your children, the court will have to step in, resulting in high legal costs and possible family rifts that never heal. Your children may even be placed in foster care until the dispute is resolved in favor of a court appointed guardian.


Law Offices Of Michael J. Wittick, A Professional Law Corporation is located in Irvine, CA and serves clients with estate and wealth preservation matters throughout Irvine, Lake Forest, Laguna Woods, Laguna Hills, Foothill Ranch, Tustin, Aliso Viejo and the surrounding areas.



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7700 Irvine Center Drive, Suite 800, Irvine, CA 92618
| Phone: 949-753-2829

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