The Law Office of Theresa L. McConvilleThe Law Office of Theresa L. McConville2026-07-18T20:38:49Zhttps://www.mcconlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201669/2020/01/cropped-FAVICON-V3-32x32.pngOn Behalf of The Law Office of Theresa L. McConville<![CDATA[Why couples should consider an alternative to a joint will]]>https://www.mcconlaw.com/?p=485322026-07-18T20:38:49Z2026-07-18T20:38:49Zrequires both testators’ signatures.
How do reciprocal wills work?
A relatively simple alternative is to create two reciprocal (“mirror”) wills. These are two individual wills with essentially identical terms that mirror each other.
Typically, each person leaves all assets initially to their surviving spouse and designates that all assets remaining after that spouse has passed away go to their children and/or other beneficiaries. Each spouse can also designate that when they pass away, the children will get a specified amount. That way, they don’t have to wait until both parents are gone to get any inheritance.
Meanwhile, the surviving spouse is free to modify their own will if needed at any time. This could become necessary for any number of reasons. For example:
An adult child named as a beneficiary may become incapable of handling an inheritance due to addiction, mental illness or simply poor money management skills.
One child may warrant a larger inheritance than their siblings because they have had financial challenges, or maybe they have provided significantly more caregiving help to their parents.
There’s a change in the law that warrants a modification for the will to remain valid or maybe to minimize taxes.
Note that with reciprocal wills, spouses can modify their wills separately or together while they’re both still alive. If they no longer have the same terms, they just won’t be reciprocal wills.
It is important to remember, however, that it’s typically best to have additional estate plan documents in place like advance directives and powers of attorney. These can make things easier for loved ones if a person becomes incapacitated.
When it comes to these and a host of other complicated concerns, seeking experienced estate planning guidance can help California couples to determine what will best meet their and their loved ones’ needs.]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[How digital assets fit into modern estate planning]]>https://www.mcconlaw.com/?p=485312026-07-14T03:10:47Z2026-07-14T03:10:47ZWhat are digital assets?
Digital assets include any information or assets that exist in electronic form, such as:
Online banking and investment accounts
Email accounts
Social media profiles
Cloud storage accounts
Digital photos and videos
Blogs and vlogs
Cryptocurrency and digital wallets
Reward programs and airline miles
If you become incapacitated or pass away, your loved ones may not have the legal authority or ability to access your online accounts. Passwords, security measures and privacy laws make it difficult for family members to locate, access and manage important information.
Without a digital estate plan, your family may encounter obstacles when trying to:
Pay bills or access financial accounts
Preserve family photos and videos
Close social media accounts
Access cryptocurrency or other digital investments
California has adopted laws that address access to certain digital assets after a person’s death or incapacity. These laws allow a properly authorized fiduciary, such as an executor, trustee or someone with power of attorney, to request access to certain digital accounts. However, the extent of that access often depends on the estate planning documents, your privacy settings and the account provider’s terms of service.
A comprehensive estate plan should address both traditional and digital assets. A legal professional can help ensure that every part of your legacy, both online and offline, is protected for your loved ones.]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[Is a trust too restrictive?]]>https://www.mcconlaw.com/?p=485302026-06-29T13:38:24Z2026-06-29T13:38:24ZOne way to set up your estate plan is by using a trust. You can give instructions to the trustee about how they should distribute those assets to your intended beneficiary. This can give you more control.
For instance, perhaps you want to make sure that the money is used for the beneficiary's future college education. You could tell the trustee that they can make payments for educational costs, but the money should not be used for frivolous purchases.But could this actually become too restrictive? Say that the beneficiary decides not to go to school because they want to start a business or join the military. If the trust can only be used for educational costs, are they now prevented from using their inheritance?
A discretionary trust
One way to get around this is to use a discretionary trust. Instead of choosing a specific focus, such as education, you just pick a trustee who can use their discretion and decide how the funds can be utilized.In the example above, the trustee may decide that it is a perfectly acceptable use to put the inheritance toward starting the business. Just because the beneficiary decided not to go to college does not mean they should not receive their inheritance, so the trustee can still authorize payments. They just ensure that the money is used for something they believe you would have considered beneficial, rather than something you may have deemed frivolous.Trusts can be a very useful part of estate planning, especially if you carefully consider their long-term ramifications. Be sure you know what legal steps to take to set one up.
]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[How pet trusts can help to protect companion animals]]>https://www.mcconlaw.com/?p=485292026-06-11T23:52:02Z2026-06-11T23:52:02ZWhat a pet trust does
A pet trust separates ownership of the animal from the assets set aside to provide for the pet. The new owner of the pet has a responsibility to meet the trustor’s requirements regarding the animal’s care. Those requirements may include living with the animal, providing regular veterinary care and even continuing specific feeding practices.
The trustee overseeing the trust is typically a separate party. They manage and distribute the resources intended to meet the pet’s financial needs. The trustee can intervene in scenarios where the party caring for the pet fails to fulfill their obligations, intends to surrender the pet or attempts to euthanize the animal.
A pet trust removes the incentive to destroy or surrender the pet to gain control of assets. It also helps ensure that the person assuming responsibility for the pet has the resources necessary to ensure its safety and comfort.
Working with an attorney to properly fund a pet trust can be a helpful step in the estate planning process. People who love and worry about their pets can make arrangements in advance to better ensure the safety of their animals after they die.]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[Advance health care directives provide important instructions]]>https://www.mcconlaw.com/?p=485282026-06-04T10:55:54Z2026-06-04T10:55:54ZDecisions to include in an advance directive
One of the main benefits of an advance directive is that it gives you time to think about what you’ll want. This includes making decisions about life sustaining treatment, resuscitation, breathing support, comfort care, intravenous hydration and feeding tubes.
Yet, your advance directive is only one aspect of your long-term care plan. Even if you have everything written out, you should still name someone to make other medical decisions for you. This person is your healthcare proxy, which is established by naming them as the designee on your healthcare power of attorney.
Once you have an advance directive set up, you should ensure that your healthcare proxy has a copy. You should also provide copies to your loved ones and medical care providers. The more people who have it, the more likely your medical team will be given a copy so they can follow your wishes.
Having a comprehensive estate plan in place gives your loved ones specific instructions about your wishes. Because these plans can be complex, it’s best to work with someone who understands what you want and can assist you with getting the plan created in a legally enforceable manner.]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[Updating your estate plan after a cancer diagnosis]]>https://www.mcconlaw.com/?p=485272026-05-21T17:52:56Z2026-05-21T17:47:53ZIt is important to update your estate plan periodically. One time when you may want to do so is after a serious medical diagnosis, like a cancer diagnosis.
One way to address your future medical concerns is to use an advance health care directive. This is essentially a list of instructions for your medical team. You can use it to tell them what type of care you would or would not like to receive.For instance, perhaps you are open to early treatment methods, but if it reaches a point where you need to be kept on life support, you do not want that type of care. Or you may simply want to instruct that, if you stop breathing or your heart stops beating, you do not want to be resuscitated. It can often be difficult for family members to make these types of decisions, so leaving them an advance directive can help provide important guidance.
Using a medical power of attorney
Another option is to use a medical power of attorney. With this document, you select an agent and authorize them to make medical decisions on your behalf.Typically, you will set up your power of attorney so that it does not actually go into effect until you become incapacitated. If you reach a point where you cannot make your own medical decisions, then your predetermined agent steps in and works with the medical team.These are just two types of documents you may want to use in your estate plan following a significant diagnosis. Make sure you know what legal steps to take to make the appropriate updates.
]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[When does a power of attorney take effect in California?]]>https://www.mcconlaw.com/?p=485262026-05-07T22:09:48Z2026-05-07T22:09:48ZImmediate vs. springing power of attorney
In California, a power of attorney typically takes effect in one of two ways. An immediate power of attorney becomes active the moment it is properly signed and notarized. Your agent can act right away, even while you are fully capable.
A springing power of attorney, on the other hand, only activates when a specific condition is met, such as your incapacitation. Until that point, your agent has no authority to act on your behalf.
Why proper execution matters
A power of attorney must meet specific requirements to be legally valid under California law. For instance, you are generally required to sign the document yourself. If you’re physically unable to do so, you may authorize another person to sign on your behalf, but you must be present and witness the signing.
The document must also be properly verified. This is typically done before a notary public or, in some cases, by being signed in the presence of at least two qualified witnesses. You must also have the legal capacity to create a power of attorney for it to become enforceable.
A power of attorney can have serious and lasting consequences, which is why you can’t afford any loose ends. Small mistakes in drafting or execution can limit its usefulness or lead to unintended outcomes when it’s needed most. Working with a qualified estate planning professional can help ensure the document is legally sound, clearly written and tailored to your specific goals.
]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[Don’t forget record access when drafting advance directives]]>https://www.mcconlaw.com/?p=485252026-04-18T20:09:43Z2026-04-18T20:09:43ZMedical privacy laws are incredibly strict
The Health Insurance Portability and Accountability Act drastically changed medical record-keeping in the United States. Long gone are the days when spouses could simply ask to see one another's charts or parents could check in on the medical status of their children who are old enough to attend college.
Under HIPAA’s privacy rules, even immediate family members do not have automatic access to medical records in an emergency. Those naming someone to act as their agent or healthcare proxy in an emergency also need to sign a HIPAA release or waiver document that allows a specific individual to access their medical records and communicate with health care providers about their treatment.
Expanding an estate plan to include all necessary advance health care directives can protect people if they experience medical emergencies. HIPAA paperwork can be as important as powers of attorney when it comes to ensuring that a trusted individual can manage medical matters.]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[How Californians can limit the risk of conservatorship]]>https://www.mcconlaw.com/?p=485242026-04-02T23:37:43Z2026-04-02T23:37:43ZDurable powers of attorney are valid until death
Standard POAs may lose their authority if the courts determine that the principal who created them is permanently incapacitated. Brain injuries, dementia and other significant medical challenges could leave people at risk of conservatorship even if they had have medical or financial POAs in place.
Durable POAs can help protect against that exact situation. The document has special language stating that it retains its legal authority even if the principal becomes incapacitated. The agent or attorney-in-fact can serve many of the same functions as a conservator. The main difference is that the incapacitated person has control over who fills that role.
Expanding an estate plan to include durable powers of attorney can be beneficial for people in a variety of different situations. People who want to limit their legal and financial exposure in challenging medical scenarios benefit from having experienced legal guidance with the creation of these documents.]]>On Behalf of The Law Office of Theresa L. McConville<![CDATA[Is an out-of-state advance directive effective in California?]]>https://www.mcconlaw.com/?p=485222026-03-17T18:37:35Z2026-03-17T18:37:35ZCalifornia recognizes out-of-state documents
Many jurisdictions, including California, have adopted reciprocity statutes for advance directives. They acknowledge legal paperwork put in place in other jurisdictions, provided that those documents meet certain baseline requirements. A living will or advance medical directive drafted in accordance with the law in another state can guide the medical care and decision-making for a person who becomes incapacitated in California.
That being said, relying on documents drafted years ago in another state may not provide the best legal protection for people in challenging situations. It is typically advisable to revisit estate planning documents, including advance health care directives, drafted in another state after relocating.
Creating an advance health care directive that aligns with all of California's state requirements can help people ensure that health care agents and medical providers make the right choices regarding their care. Those who have moved may want to update their documents, and those who have experienced major life changes may also require a thorough legal review for their protection.]]>