Irvine Estate Planning Attorneys

Your first estate plan, built around your kids

Many Irvine clients who call us are doing this for the first time, usually because something changed: a new baby, a first home, a new job with stock and a 401(k), or an aging parent overseas. The first question often isn't about money. It's "Who would raise our kids?"

Schlau Rogers LLP serves Irvine families from our office at 1968 S. Coast Hwy, Suite 2498, Laguna Beach. We are licensed throughout California. Meet remotely, or we'll come to you, whichever suits a busy two-career household. We explain each document in plain language and help you think through the hard choices. We won't promise outcomes no one can promise, but we will show you how each piece of your plan is meant to work, and keep it current as your family grows.

Children's trusts: who holds the money, and until when

Minor children can't take control of an inheritance directly. Without a plan, a court process may be needed to manage it for them. A children's trust in your living trust lets you choose a trustee, decide how money can be used for school, health, and housing, and set the ages at which your children receive it outright. A special needs trust can also protect a child's eligibility for public benefits.

Families with relatives or assets abroad

Irvine is also an international city: 39.8% of residents were born outside the U.S., and 51.6% speak a language other than English at home.

Source: U.S. Census Bureau, QuickFacts, Irvine city, California

If parents, siblings, or your chosen guardian live in another country, or you hold accounts or property abroad, your plan should account for it. We help you think through:

• whether a guardian overseas is practical, and naming a U.S.-based backup

• trustees and agents who can act from abroad

• how a California trust fits with foreign assets, alongside a local lawyer there when needed

• planning for a spouse who is not a U.S. citizen, including a QDOT

We don't advise on immigration law; for visa or residency questions, please consult an immigration attorney.

Renting in Irvine? You still need a plan

Only 44.5% of Irvine homes are owner-occupied.

Source: U.S. Census Bureau, QuickFacts, Irvine city, California

Renters still have children, retirement accounts, life insurance, and their own health care decisions to protect. A will with guardian nominations, powers of attorney, a health care directive, and current beneficiary designations matter either way; see our article on retirement accounts.

Newlyweds, first homes, and equity compensation

If you just married, bought your first Irvine home, or receive stock from your employer, your plan should change with you. A living trust can hold the home. Your plan should also cover how stock and retirement accounts pass. See estate planning for newlyweds.

If a family member has passed or can't manage on their own

Orange County probate, guardianship, and conservatorship cases are heard at the Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa. Probate examiners post "probate notes" three to four weeks before each hearing.

Source: Superior Court of California, County of Orange, Self-Help: Probate

Full probate in California typically takes 12 to 18 months. We help Irvine families with probate, trust administration, conservatorships, and trust and probate litigation. If a parent's trust missed an asset, we can also help with a Heggstad petition.

How it works

1. Complimentary 15-minute call

Tell us about your family; we'll suggest next steps. Book here.

2. Strategy session and design meeting

In a paid 30-minute Strategy Session, we cover children, guardians, accounts, and goals, by video after bedtime if that's easier.

3. Signing and funding

We sign together, then walk through funding the trust and updating beneficiary designations.

4. Ongoing maintenance (optional)

Regular reviews keep guardians, trustees, and children's trust terms current. See our process.

Estate plan packages and flat fees

Estate plans and Heggstad petitions are billed at flat fees, so you know the fee before we begin. Trust administration, guardianships, and conservatorships are offered on a flat fee or other arrangements basis. Probate and litigation fees work differently; we'll explain how during your consultation. If budget is a concern, ask about our Layaway Payment plan for basic plans, with $500 automatic payments.

Meet your attorneys

Irvine estate planning FAQ

This is general information, not legal advice.

Who would raise our kids if something happened to both of us? Can we decide that now?

Yes, you can nominate a guardian now in a will or other signed writing. The court makes the appointment and gives your nomination due weight. Naming a backup, and someone to manage the children's money, makes your wishes clearer.

Source: Cal. Prob. Code §1502

We rent in Irvine. Do we still need a trust?

Not always. Some renting families need only a will with guardian nominations, powers of attorney, health care directives, and updated beneficiary designations. A trust may make sense with significant savings or detailed terms for your children. We'll tell you which fits.

Can we name a guardian or trustee who lives outside the United States?

It's possible but raises practical issues: a guardian abroad would raise your children there or relocate, and a foreign trustee may have trouble with U.S. banks. Many families name a U.S.-based backup.

My spouse isn't a U.S. citizen. Does that change our plan?

It can. The federal marital deduction works differently for a non-citizen spouse, and a QDOT is one tool that may apply. We don't give immigration advice.

Do we have to come to Laguna Beach?

No. Meet remotely by video or phone, or we'll come to you. You're also welcome at our Laguna Beach office.

Start with a 15-minute call

Tell us about your family and we'll suggest a sensible next step.

© SCHLAU ROGERS LLP is a California based estate planning and business law firm, serving Laguna Beach, Orange, Irvine, along with all of Orange, San Diego, Riverside, and Los Angeles counties. All rights reserved.