FAQ

Getting Started with Estate Planning

What does Marsala Law Firm do?

Marsala Law Firm provides estate planning services in California, helping individuals and families create legally sound estate plans to protect their loved ones, avoid probate, and ensure their wishes are honored. Our approach is efficient, heart-centered, and thorough, making the process as simple as possible.

Do you offer free estate planning consultations?

We offer a complimentary 15-minute discovery call to answer general questions about our process and determine if we’re the right fit for your needs. This call is an opportunity to learn how we work and what to expect, but it does not include legal advice.

For a comprehensive consultation, we recommend scheduling a Life & Legacy Planning Session (LLPS). This is a working meeting where we review your financial picture, discuss your goals, and design a customized estate plan. The LLPS is a paid session, as it includes personalized recommendations and legal guidance tailored to your situation.

Let me know if you'd like any further refinements!

Do I need to complete anything before my Life & Legacy Planning Session?

Yes, we ask all clients to complete an online questionnaire before their Life & Legacy Planning Session (LLPS).

The questionnaire is simple and easy to use, even if you’re not comfortable with technology. It’s designed to be straightforward and stress-free, with clear questions that help us understand your financial picture.

Most people don’t need to gather or upload documents—just provide a general idea of your assets, such as bank accounts, real estate, and retirement funds. If you're unsure about something, that's okay! We’ll go over everything together during your session.

How much does an estate plan cost?

The cost of estate planning in California depends on the level of planning you choose and the complexity of your estate. Since every family’s situation is unique, we cannot provide an estate planning price quote until after your Life & Legacy Planning Session, where we review your goals and available options. Even for a simple case, we take the time to ensure your plan is right for you. Please see our Pricing page for more information.

Wills, Trusts, and Probate in California

Do I really need a trust, or is a will enough?

A will alone does not avoid probate in California. If your assets exceed $184,500, your estate will likely go through probate, a lengthy and costly court process.

A revocable living trust helps ensure your assets are distributed according to your wishes without court involvement. It also provides incapacity protection, so someone you trust can manage your affairs if needed.

What happens if I don’t have an estate plan?

If you don’t have an estate plan, California’s intestacy laws decide who gets your assets. In other words, the government has a plan for you—and you probably won’t like it.

Your assets may go to relatives you wouldn’t have chosen, your loved ones may have to go through probate, and the court could decide who raises your minor children if both parents are gone. A proper estate plan ensures you—not the government—stay in control.

I just got married. Do I need to update my trust?

Yes! Even if you don’t plan to leave anything to your spouse, it’s still important to update your trust. California has an "omitted spouse" rule, which means if your trust does not mention your spouse (either including or intentionally excluding them), they may still have a legal claim to your estate. Updating your trust ensures your wishes are clear and prevents potential disputes or confusion later.

What if I am in the process of divorcing my spouse?

If you are getting a divorce, it’s critical to update your estate plan. Until your divorce is finalized, your spouse may still have legal rights over your assets, medical decisions, and financial affairs. We can help you modify your plan to protect your interests.

What if I am moving to another state soon?

If you're moving out of California, we can still create or update your estate plan before your move. Most elements of a living trust remain valid across states, but we recommend reviewing your plan with an estate planning attorney in your new state to ensure compliance with local laws.

Kids Protection Plan (KPP) and Family Planning

What is a Kids Protection Plan (KPP)?

A Kids Protection Plan (KPP) ensures that if something happens to you, your minor children are cared for by the people you choose—not the court. Without a plan, your children could be placed in temporary foster care while legal guardianship is determined.

What if I am co-parenting? Can I still get a Kids Protection Plan?

Yes! If you share custody, a KPP is especially important. We can help you create a plan that works within your co-parenting arrangement to ensure your children are always protected.

Process, Appointments, and Legal Services

How quickly can my estate plan be completed?

Most estate plans are completed within a few weeks, but we understand that some situations require urgency. In certain cases, we have completed estate plans within a day. We do not charge rush fees, but if you have a time-sensitive need, please let us know as soon as possible.

Do you offer home visits for estate planning?

Yes, we offer flexible meeting options for estate planning in California to accommodate our clients’ needs.

Most clients prefer to meet in person at our office in South San Jose, where we provide a comfortable and private space for estate planning discussions.

We also offer Zoom meetings for all clients, including those living outside our area, allowing you to complete your estate plan from anywhere in California.

For those with mobility or health concerns, we can accommodate home visits within Santa Clara County on a case-by-case basis. If you need a home visit, please contact us in advance to discuss availability.

Can I bring my adult children to my meetings with the attorney?

We understand that adult children often assist their parents with important decisions, and we welcome their support. However, we prefer that you attend alone, at least for the initial discussion, so you can speak freely and make decisions without outside influence.

In some cases, we may allow your children to join for specific portions of the meeting if they are actively assisting you. However, if your goal is to prepare them for their future responsibilities, we recommend a separate family meeting after your plan is complete to go over their roles. This keeps your planning session focused on what’s best for you.

Do you speak Spanish?

No, Jeannette Marsala doesn't speak Spanish fluently. She took three years in high school, but wouldn’t rely on it for legal conversations.

Jeannette Marsala does speak some conversational Mandarin, but not enough to conduct legal meetings in Mandarin. If needed, we’re happy to work with a professional interpreter to ensure clear communication.

Do you handle probate or conservatorships in California?

No, we focus on helping clients avoid probate and conservatorships through proactive planning. If you need assistance with a California probate case or conservatorship, we can refer you to a trusted attorney.

Planning for the Unexpected

What happens if something happens to Jeannette?

Our firm is designed with long-term estate planning support in mind. If something were to happen to Jeannette, we have trusted attorneys in place who can step in to ensure your estate plan is completed and remains valid. Our goal is to make sure your estate plan is secure, no matter what.

Schedule Your Life & Legacy Planning Session Now

The best way to get started is with a Life & Legacy Planning Session. During this personalized meeting, we’ll review your situation and design an estate plan that protects your loved ones, minimizes probate, and provides peace of mind.

>