San Clemente Estate Planning & Probate Attorney
About Us
For over 25 years, Julie B. Mains, Esq. has helped South Orange County families protect what matters most—securing their homes, avoiding probate, and ensuring their wealth passes seamlessly to the next generation.
But our work doesn’t stop when the documents are signed. When the time comes, we step in to guide successor trustees through trust administration and lead executors through probate. While many firms hand off client families when they need help the most, we stay by your side every step of the way.
How Can We Help You
Areas Of Practice
Wills, trusts and incapacity planning built around your family and your assets.
Keep your home and accounts out of probate and pass them privately to your heirs.
Name guardians for minor children and direct who receives what, in writing.
Court administration of an estate in Orange County, from filing to distribution.
What a successor trustee must do after a death, and the deadlines that apply.
Contested trusts: removing a trustee, compelling an accounting, challenging a trust.
Authorize someone you trust to handle your finances if you cannot.
Record your medical wishes and name the person who speaks for you.
Court authority to care for an adult who can no longer decide for themselves.
What California families actually owe, and the exemptions that apply.
Plan for long-term care costs without giving away what you have built.
Buy-sell agreements and succession planning for closely held businesses.
Free, No Obligation Consultation
Alternatively, you may send an email to Julie@MainsLawOffice.com or fill out the form.
Appointments are available during regular business hours, evenings, and weekends, at the office, or your office or home.
Important Estate Planning Tips for San Clemente Residents
In San Clemente, the family home is usually the largest asset in an estate — and in California it is the gross value of that home, not the equity in it, that drives statutory probate fees. That is why a basic plan is worth having regardless of net worth: it ensures your family and financial goals are met before and after you die.
Start with what you own
Taking inventory of your assets is a good place to start. Your assets include your investments, retirement savings, insurance policies, and real estate or business interests. Then ask yourself three questions:
- Whom do you want to inherit your assets?
- Whom do you want handling your financial affairs if you’re ever incapacitated?
- Whom do you want making medical decisions for you if you become unable to make them for yourself?
What a California estate plan includes
An estate plan has several elements:
- A will
- An assignment of power of attorney
- A living will or health-care proxy — an advance health care directive
- For many families, a living trust
When putting together a plan, you must be mindful of both federal and state laws governing estates.
Everybody needs a will
A will tells the world exactly where you want your assets distributed when you die. It is also the best place to name guardians for your children.
Dying without a will — also known as dying “intestate” — can be costly to your heirs and leaves you no say over who gets your assets. Even if you have a trust, you still need a will to take care of any holdings outside that trust when you die.
Trusts aren’t just for the wealthy
Trusts are legal mechanisms that let you put conditions on how and when your assets will be distributed upon your death.
They also allow you to distribute assets to your heirs without the cost, delay, and publicity of probate court — see our California probate fees guide for what that court process actually costs. Some trusts also offer greater protection of your assets from creditors and lawsuits.
Talk to your heirs before you need to
Discussing your estate plans with your heirs may prevent disputes or confusion. Inheritance can be a loaded issue. By being clear about your intentions, you help dispel potential conflicts after you’re gone.
Estate and gift taxes
The federal estate tax exemption — the amount you may leave to heirs free of federal tax — is $15 million per person. See our guide to Estate Tax in California.
You may leave an unlimited amount of money to your spouse tax-free, but this isn’t always the best tactic. By leaving all your assets to your spouse, you don’t use your own estate tax exemption and instead increase your surviving spouse’s taxable estate. That means your children are likely to pay more in estate taxes if your spouse leaves them the money when he or she dies. It also defers the tough decisions about distributing your assets until your spouse’s death.
There are a few straightforward ways to give gifts tax-free and reduce your San Clemente, CA estate:
- Annual gifts. You may give up to $19,000 a year to an individual, or $38,000 if you’re married and giving the gift with your spouse.
- Medical and education bills. You may pay an unlimited amount for someone else, provided you pay the institution directly.
- Charitable gift funds. Donate to a charitable gift fund or community foundation and your investment grows tax-free, and you select the charities that receive contributions both before and after you die.
How Can We Help You
Client Testimonial
Julie is a terrific resource for legal matters from business formation to trusts, asset allocation, probate, and litigation. Her experience and pragmatic approach allows her clients to understand not only the end goal but the strategy and tactics required to achieve it. If you need to establish or update your trust or are stuck in probate, I recommend sitting down with Julie to go over your options.
I have worked with Julie and she is an absolute pleasure to deal with. I have sent her clients and she has taken care of them immediately every time. She is someone who will definitely fight for her clients and help get them every penny they deserve. Her specialty is estate law and her knowledge in the field shows when you speak to her. I would recommend using her services anytime you need assistance with your estate planning.
Julie is a Professional through and through. Her office and entire staff are welcoming, engaging and answer all the questions that you need and take care of legal tasks with efficiency! I highly recommend this office for your legal needs and wouldn't look anywhere else! I've had many interactions with them and feel well taken care of and all of my concerns were put to rest.
Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Probate administration is the process for distributing the assets of a deceased person. Upon an individual’s death, the probate process begins, and whomever is designated in the will must administer the estate based on the instructions of the will and in accordance with the California Probate Code.
The probate administration process can be complex, and the individual administering your probate estate must have experienced counsel to assist them in the process. There will be many important decisions to be made, along with a variety of responsibilities from taking inventory of your property, collecting income, preparing tax returns, paying bills, and more. Mains Law will help you understand the probate administration process and help you make preparations so that administering your probate estate is as efficient and smooth as possible. We can can serve as an executor or personal representative of a will or assist an individual who is administering a probate estate.
