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Have you ever wondered what you should do with your digital “remains” after you die? According to an article in the March 2010 issue of Wired (see here), there are at least three companies that “keep customers’ passwords, usernames, final messages, and so on in a virtual safe-deposit box. After you’re gone, these companies carry out last wishes, alert friends, give account access to various designated beneficiaries, and generally parse out and pass on your online assets.

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According to an article on Forbes.com (see here), a recent survey showed that 65% of Americans do not have wills and 71% do not have health care directives (or living wills)! Asked why they had no estate planning documents, about 44% of respondents said they did not want to pay the expense, and another 19% said that they did not believe they had sufficient assets to warrant estate planning. Both of these myths persist, despite the fact that the expense of not having an estate plan is usually far more significant and the fact that estate planning is not only about protecting your assets, it is about protecting your family. Rich or poor, you need to provide for your family after your death.

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What will happen to your beloved dog, cat, bird, horse or other pet if you die or become incapacitated? Unless specific written provisions are made, many pets end up being displaced and even euthanized when their owners die or are no longer able to care for them. California Probate Code Section 15212 provides for the creation of a trust for the care of a pet so that you can not only designate a guardian to care for your pets, but you can also leave money specifically designated for their care.

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Probate is a court proceeding that determines the disposition of your assets upon your death. However, if during your lifetime, you transfer ownership of your assets (or, at the very least, your significant assets) out of your personal estate and into your trust, you can avoid the cost of probate. Because the trust never dies, the trust assets are never subject to probate. So even upon your death, the trust assets can be used immediately to take care of your family – without court proceedings, without court fees and costs, without delay.