Frequently Asked Questions

The Law Office of Jason P. Fricano is a boutique law firm based in Sacramento, California. We prepare comprehensive estate plans for residents across the state of California. We also occasionally help entrepreneurs establish, run, buy, or sell a legally sound business, or with their IRS tax problems and planning.

We have an easy, four-step process designed to have your trust and other estate planning documents created and signed in about one month:

• Step 1: Peace of Mind Planning Session (POMPS)
  A free ($450 value) session to assist you in understanding your general estate planning needs and available strategies and help you select the best one tailored for you. 
• Step 2: Estate Planning Design Meeting
  After attaining a high-level understanding of your needs and selecting your best strategy, we will roll up our sleeves and dig into designing the details and specific features of your plan. In this one-hour working meeting, attorney Jason Fricano will lead you through a series of questions and guide you as you make important selections regarding who and how your legacy will be distributed.
• Step 3: Signing Ceremony
  The detailed Estate Plan Review will ensure that all you need to do at the Signing Ceremony is sign. Come to our office, or we will come to you, and sign from the comfort of your home. Step 4 is as much a celebration as it is a legal formality.

What can I expect from my Peace of Mind Planning Session? You can expect an attorney who listens attentively without interrupting, ensuring you fully understand your options before making any decisions. A primary goal as an attorney is to ensure you feel heard and have all your questions answered and concerns addressed. We will also review our process, flat fees, and overall client experience so you know exactly what to expect and what the investment will be.

When you're ready to move forward, whether during your Peace of Mind Planning Session or afterward, let us know. We’ll provide an engagement letter via DocuSign and an invoice through our secure online payment provider, LawPay. Once these formalities are completed, you can schedule your Estate Plan Design Meeting.

We don't require account statements, social security numbers, or tax returns. Instead, we need details about your assets (house, retirement account, life insurance, etc.), their relative value, and how they are titled (jointly, individually, etc.). Additionally, we need answers to questions about your personal estate planning preferences, such as:

• Who you would want raising your minor children if something happened to you and your spouse or partner.
• Who you want to manage your children’s money until they are old enough to handle it themselves.
• Who you want making medical and financial decisions for you in case of incapacity.

Don't worry if you don't have all the answers immediately; you'll have ample time to think things over throughout the process.

Estate planning is the process of preparing legal documents to ensure that your chosen individuals are appointed to take care of you, your children, your assets, and your finances in case of your death or incapacity. It also involves designating who will inherit your assets. Essentially, an estate plan is a collection of documents that achieve these objectives.

If you don't have a will or trust, you still have an estate plan, but it's one that the state has written for you. Every state has default rules for managing your family and assets in the event of incapacity or death. Estate planning allows you to opt out of the default plan and put your own wishes in place.

The cost varies based on individual circumstances. Estate planning is not one-size-fits-all, so we discuss our fees and process in detail during the Peace of Mind Planning Session, where we can better understand your specific needs. We offer flat fees instead of hourly billing for transparency and fairness. Additionally, we provide a 100% satisfaction guarantee—if you are not happy with our services, we will make it right or refund your money.

Our process is designed to have your estate planning documents signed in as little time as 30 days of your Peace of Mind Planning Session.

No. Wills, trusts, and other estate planning documents must be signed with specific formalities to be legally valid. This requires signing in person, in front of two witnesses and a notary, which we provide. The witnesses confirm your lucidity and lack of duress, and the notary verifies your identity. Future changes to your documents must follow the same formalities.

We accept all clients who seek our services, reside in California, and share in our values of respect, honesty, and community.

For most of my clients, their choice comes down two estate planning options: a will-based plan or a living trust-based plan. Most clients prefer a living trust, which appoints an individual to manage your assets if you become incapacitated and distribute them after your death. Unlike a will, a living trust is designed to avoid the time, expense, and publicity of probate.

Many clients are surprised to learn that wills do not avoid probate—-they guarantee it! During the Peace of Mind Planning Session, we discuss the differences between a will and a living trust in detail.

Probate is the court-supervised process of administering your estate after death. If you die without a will, your estate goes through probate before money can be distributed to your heirs. Even with a will, probate is required. The only way to avoid probate is with a revocable living trust.

Probate can take years to complete and may consume 5-7% of estate assets. It's also a public process, making your will accessible to anyone interested. A living trust bypasses probate entirely.

Unfortunately, even a simple will undergoes the costly and time-consuming probate process. It's not the document's complexity but the probate process that causes delays and expenses. Therefore, most clients choose a living trust, designed for simplicity and to avoid probate. As part of a comprehensive estate plan, a special "pour-over" will appoints guardians for minor children.

No, this is a common misconception. Estate planning is essential regardless of your wealth, marital status, or parental status. It's about ensuring your assets go to the people you want, the way you want, when you're gone, and making things easier for your loved ones during difficult times. It also involves appointing people to manage your property and make healthcare decisions if you're incapacitated.

A power of attorney allows you to appoint someone to manage your property if you become incapacitated. Your "agent" will handle tasks such as paying bills, filing taxes, and managing your business. We include a power of attorney for both spouses in every estate plan.

A health care proxy lets you appoint someone to manage your medical decisions if you cannot do so. A living will (different from a living trust or last will) allows you to make specific end-of-life medical decisions in advance. We include a health care proxy and living will for both spouses in every estate plan.

Yes! I'm happy to have a brief, complimentary call before you schedule your Peace of Mind Planning Session. While we don't discuss fees outside the session, I can answer any basic questions you may have.

No problem! A living trust can be changed or revoked as long as the creator is alive and mentally competent. Guardians for minor children can be changed through an amendment (called a "codicil") to your pour-over will. Other estate planning documents (power of attorney, health care proxy, etc.) are typically recreated for cost-effectiveness. Your documents can (and likely will) be updated as your life, assets, and laws change.

Yes! In some ways, non-married individuals need estate planning more than married folks. Many want to leave their money to charities or friends, not distant relatives. Without an estate plan, your estate could go to a distant relative you barely know. Everyone, regardless of marital status, needs a Health Care Proxy and Financial Power of Attorney.

Great question! Most parents don't want their kids to inherit a large lump sum at 18. Without an estate plan, that's exactly what happens. With a trust, you can set a later age for inheritance—25 or 30, for example. You have many options, which we'll discuss during your Peace of Mind Planning Session.

You can, but keep in mind that Legal Zoom and law firms offer different services. Legal Zoom provides form documents you fill out and execute yourself; they are not a law firm and don't offer legal advice. An attorney, however, provides counsel based on your specific circumstances, customizes your documents, ensures proper signing formalities, and is available for questions. If these services are important to you, working with an attorney is the better option. If not, Legal Zoom might be suitable.