How to Protect Your Partner, Kids, or Chosen Family With the Right Legal Documents​

Excerpts from the Podcast 

Jenni: Why is estate planning important—even if you’re not wealthy?(1:29)

Jaime: Estate planning isn’t just about passing on your assets after death. It’s about ensuring your wishes are honored—both during your life (if you become incapacitated) and after you’re gone. Everyone, regardless of wealth, needs basic legal documents to avoid confusion, conflict, and unnecessary court involvement.

Jenni: What happens if someone becomes incapacitated or dies without any estate planning documents? (03:04)

Jaime: In California, the state decides for you using “intestacy laws,” which prioritize biological family in a set order. If you’re incapacitated, decisions default to your spouse, then children, then others. But without the right documents (like medical directives or financial powers of attorney), even those people may face delays or be unable to act. And if you die without a will or trust, the state decides who inherits—regardless of your wishes.

Jenni: What are the core documents everyone should have? (05:08)

• Durable Power of Attorney: For someone to manage your finances if you can’t.

• Medical Power of Attorney & Advance Directive: To make healthcare decisions and outline your wishes.

• Will: Names who inherits your assets and who will care for your kids if you have minor children.

• Trust (for many people): Helps avoid probate and speeds up inheritance for your loved ones.

Even 18-year-olds heading to college should have the powers of attorney in place—yes, really.

Jenni: When do you need a trust instead of just a will? (07:25)

Jaime: If you own a home in California or have assets totaling over $184,500, a trust can save your heirs tens of thousands in probate costs and years of delay. Trusts also give you more control and privacy. A will alone must go through probate, which is public, expensive, and slow.

Jenni: How fast can heirs access money or property after death? (07:51)

Jaime: With a will, probate can take 12–18 months—and during that time, assets are often locked. With a trust, things move much faster. Trustees can start managing assets, paying bills, and distributing property almost right away, within legal boundaries.

Jenni: What happens to minor children if both parents die without naming a guardian? (12:27)

Jaime: The court decides—usually starting with grandparents. But if there’s a dispute (like between two sets of grandparents or relatives in different states), it can get messy. Naming a guardian in your will avoids that nightmare.

Jenni: How does this affect LGBTQ+ families? Aren’t things better with marriage equality? (14:14)

Jaime: Yes, marriage equality helps—spouses now inherit by default. But problems arise when both partners are gone or when biological family is still in line to inherit, especially if there’s estrangement. Without planning, assets could go to relatives you’re not connected to rather than your chosen family.

Jenni: What about single people with no kids or spouse? (16:43)

Jaime: You need to be even more proactive. Without defaults like a spouse or children, the court falls back on distant relatives. Think about who you trust now—friends, siblings, chosen family—and talk to them. Your plans can evolve, but start the process while you have the clarity and energy.

Jenni: What if I don’t have someone I trust to handle this? (17:53)

Jaime: You can hire a professional fiduciary—someone whose job it is to manage estates or make decisions if you can’t. It costs more, but it’s a great solution if friends or family aren’t an option.

Jenni: What do unmarried couples need to know? (24:32)

Jaime: If you’re not legally married or registered as domestic partners in California, you have zero legal rights to each other’s property. A trust or will is essential. You can also co-own property as “joint tenants with right of survivorship” to pass it outside of probate.

Jenni: Do beneficiary designations override your will or trust? (28:06)

Jaime: Yes. Whoever you list as a beneficiary on retirement accounts or bank accounts will get that money—regardless of what your will says. So double-check those designations!

Jenni: How do you reframe these conversations with yourself and your family? (33:58)

Jaime: Think of estate planning as life planning. These are love letters to your family, written while you have the clarity and agency to protect them. When bringing it up with aging parents, frame it around your own planning: “Hey, I’m doing mine—what about you?” Offer to do it together or find a professional they’ll feel safe talking to.

Jenni: What’s special about estate planning in California? (40:07)

• No state estate tax (unlike many other states!)
• Community property rules: anything earned during marriage is split 50/50
• Inheritance rules favor biological kin unless legal documents say otherwise

Jenni: How should people reach out if they are interested in working with you? (47:04)

Jaime: We can be reached at our website www.SantosWalding.com We start with a consultation to see if we’re a good fit. Then you’ll complete a questionnaire, get personalized advice, and have support to form your documents every step of the way. Clients often feel a wave of peace and pride once it’s done.