Question 1

How can I learn more about Cindy Kang?

Accepted Answer

CMK Law Group is a boutique law firm based in Pasadena, CA. We are a 100% virtual law practice and support flexible appointment schedules over Zoom for busy families on the go. We prepare comprehensive estate plans for California residents.  Cindy M. Kang is the principal attorney at CMK Law Group and is a California-licensed attorney with over 20 years of experience, a graduate of UCLA and USC Law School, and a certified life coach. She founded CMK Law Group to provide a more personal, heart-centered approach to estate planning and special needs planning. As a mother of a neurodiverse child, Cindy brings both professional expertise and lived experience to the families she serves.

You can read more about her story and background on the About page, or schedule a Peace of Mind Planning Session to connect directly.

Follow us on Instagram @cmkLawGroup

Question 2

What is estate planning?

Accepted Answer

Estate planning is the process of putting legal documents in place so that the people you choose are authorized to care for you, your children, your finances, and your assets if you become incapacitated or pass away. It also allows you to clearly state who should inherit your assets when you’re gone. An “estate plan” is simply the bundle of documents that accomplish these goals—typically including a trust, will, power of attorney, and healthcare directive.

If you don’t currently have a will or trust, you might think you don’t have an estate plan—but you actually do. The state of California has a default plan for what happens to your assets and who cares for your children if something happens to you. Estate planning is your opportunity to opt out of that one-size-fits-all approach and put your own thoughtful wishes into place instead.

Question 3

Why do I need a living trust?

Accepted Answer

When creating your estate plan, you generally have two main options: a will-based plan or a living trust-based plan. The vast majority of my clients choose a living trust—and for good reason.

A living trust allows you to name someone you trust to manage your assets if you become incapacitated and ensures those assets are distributed according to your wishes when you pass away. Unlike a will, a living trust is designed to avoid probate—the costly, time-consuming, and public court process that happens when someone dies with only a will or no plan at all.

Many clients are surprised to learn that a will does not avoid probate—it guarantees it.

During our Peace of Mind Planning Session, I walk you through the key differences between a will and a living trust so you can make an informed choice. And honestly, one of the most common things I hear at the end of that session is: “Why would anyone ever choose a will?”

Ultimately, the decision is yours—but I’m here to make sure you understand the pros and cons so you can plan wisely.

Question 4

What is probate?

Accepted Answer

Probate is the court-supervised legal process that happens after someone passes away to transfer their assets to heirs or beneficiaries. In California, this process is required whether you die with a will or without one—unless you have a properly funded revocable living trust in place.

Many people assume that having a will avoids probate. Unfortunately, that’s not true—a will actually guarantees probate.

Why is probate such a problem? Even a simple probate case in California can take 12 to 24 months to complete and may consume 5–7% of the estate’s total value in court costs, legal fees, and administrative expenses. It’s also a public proceeding, meaning anyone can access the details of your will and assets.

For example, if you pass away with $1 million in assets, your family might have to pay $50,000 or more in probate fees—money that should go to your loved ones, not to the courts or attorneys.
While a will must go through probate, a living trust is specifically designed to bypass it, saving your family time, money, and stress during an already difficult time.

Question 5

Is a simple Will enough?

Accepted Answer

Unfortunately, even a “simple will” still goes through the probate process—which can be time-consuming, expensive, and public. It’s not the complexity of the document that causes the delays and costs; it’s the court process itself. In California, probate can take years and eat up thousands of dollars in fees—regardless of how simple the will is.

That’s why the vast majority of my clients choose to create a revocable living trust instead. A trust is designed to help your loved ones avoid probate altogether, keeping your affairs private and streamlined during a difficult time.

That said, every trust-based estate plan includes a special type of will called a “pour-over will.” This document appoints legal guardians for any minor children and acts as a safety net, ensuring that any assets unintentionally left out of the trust can still be transferred into it after your death.

So while a stand-alone will may not be enough, a well-crafted trust-based plan will typically include a pour-over will as part of a comprehensive, thoughtful solution.

Question 6

Isn't estate planning just for the wealthy?

Accepted Answer

No—that’s one of the biggest myths out there. Estate planning isn’t just for the rich, nor does it depend on whether you’re married or have kids.

Estate planning is for anyone who wants to protect the people they love and have a say in what happens if they become incapacitated or pass away. It’s about making sure your assets—no matter how big or small—go to the right people, in the right way, at the right time. And just as importantly, it’s about making things as easy as possible for your family during a difficult time.

Estate planning also allows you to legally name trusted individuals to make financial and medical decisions on your behalf if you can’t speak for yourself. That kind of planning matters to all of us—regardless of our net worth.

Question 7

What is a power of attorney?

Accepted Answer

A power of attorney is a legal document that allows you to appoint someone you trust—called your agent—to manage your financial and legal affairs if you become incapacitated. This person can step into your shoes to pay bills, file taxes, handle bank transactions, manage real estate or business interests, and more.

We typically use what’s called a Durable Power of Attorney, which remains valid even if you lose capacity. That’s what makes it such an essential part of a complete estate plan—it ensures someone is legally authorized to act on your behalf without needing court approval.

We include a customized durable power of attorney for each spouse in every estate plan we create.

Question 8

What is a health care proxy or advance health care directive?

Accepted Answer

In California, we use the term Advance Health Care Directive—but in other states, you may hear it called a health care proxy. This legal document lets you appoint someone you trust to make medical decisions on your behalf if you’re unable to speak for yourself due to illness or injury.

An Advance Health Care Directive also allows you to express your wishes in advance about important matters like life support, pain management, and end-of-life care, so your loved ones and doctors are clear on what you want.

We include a personalized Advance Health Care Directive for each spouse in every estate plan we create.

Question 9

What if I need to update my estate planning documents?

Accepted Answer

No problem! Estate planning is meant to change as your life changes. A revocable living trust can be amended—or even completely restated or revoked—at any time, as long as the person who created it is alive and has mental capacity.

For minor updates, such as changing guardians for your children or updating a trustee, we may prepare an amendment. In many cases, though, it’s more efficient and clear to create a full Amendment & Restatement, which replaces your prior trust document but keeps the original date and funding intact.

Other estate planning documents—like your Power of Attorney or Advance Health Care Directive—are usually recreated from scratch, as that’s often simpler and more cost-effective than amending them.

The important thing to remember is this: Your estate plan is not set in stone. As your family, finances, or wishes evolve, your documents should too.

Question 10

I'm not married- do I need an estate plan?

Accepted Answer

Yes—absolutely. In many ways, single individuals need estate planning even more than married couples. If you don’t have a plan in place, California law decides who gets your assets—and that might be distant relatives you barely know, rather than the close friends, chosen family, or charities you care about.

Without legal documents, no one is automatically allowed to make financial or medical decisions for you if you become incapacitated. That’s why it’s so important to have an Advance Health Care Directive and a Durable Power of Attorney, even if you don’t have a spouse or children.

Estate planning ensures your wishes—not the state’s defaults—are followed, and that the people you trust most are empowered to step in when needed.

Question 11

How can I make sure my kids don't get a big check on their 18th birthday?

Accepted Answer

Great question—and one that almost every parent asks! Most people are surprised to learn that if you pass away without a legal plan in place, your children will inherit everything outright at age 18. That’s the default under California law.

If you don’t want your child receiving a large inheritance the moment they reach legal adulthood (and most parents don’t), you’ll need to create a trust. A trust allows you to set custom inheritance ages—like 25, 30, or even staggered distributions over time. You can also require that funds be used only for health, education, or other life essentials until then.

There are lots of flexible options, and we’ll walk through them together during your Peace of Mind Planning Session to find the right fit for your family.

Question 12

How do I nominate legal guardians for my children?

Accepted Answer

You nominate legal guardians in your estate plan—typically through a Will or a Pour-Over Will that accompanies your Revocable Living Trust. If you pass away without naming anyone, a judge will decide who should raise your children—and family members may end up in court fighting over custody if your wishes aren’t clearly documented.

At CMK Law Group, we go beyond the basics. We help you nominate not only long-term guardians, but also short-term (temporary) guardians who can care for your children immediately—so your kids are never placed into protective custody while the court works things out.

We can also help you confidentially exclude anyone you would never want to raise your children, no matter what. You have more control than you might think, and we’ll guide you through your options step by step during your Peace of Mind Planning Session.

Question 13

Can't I just do my will on LegalZoom?

Accepted Answer

You can—but it’s important to understand the difference between a document service like LegalZoom and working with an estate planning attorney.

LegalZoom provides form-based templates for you to fill out and execute on your own. They are not a law firm, and they do not give legal advice tailored to your unique situation. There’s no one checking your decisions or ensuring the documents will actually work as intended when the time comes.

An attorney, on the other hand, does much more than generate documents. I help you:
Understand your options based on your goals and family dynamics
Customize your plan to avoid unintended consequences
Make sure everything is legally valid and properly signed
Answer your questions—even years later

If you want the peace of mind that comes from knowing your plan is truly sound and specific to your life, working with a lawyer is the better path. You may pay more upfront, but it often saves your loved ones far more in confusion, court costs, or missed protections down the road.

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