Probate Avoidance

Basic Estate Planning Documents For Probate Avoidance

Estate planning is known to be a complex process with many aspects, but a knowledgeable estate planning lawyer like Noelle Minto, can guide you through the process and provide you with comprehensive counsel.


The primary operative documents of an estate plan are Wills and trusts. Wills are usually recommended for individuals who have money, assets, and property valuing $185,000 or less. They are the more common method for documenting a person’s wishes for distribution for both personal and real property when death occurs. The main goal of a Will is to help eliminate any dispute that might befall among loved ones after the passing of an individual.

For an individual with property valuing more than $185,000, a living trust that places your property in the hands of an individual or entity of your choosing might be the path for you. The trustee will be in charge of managing your estate during and after your passing. The beginning of any good estate plan includes a “revocable living trust,” which allows you to change or revoke it at any time and as often as you’d like.


A typical trust involves three parties: a trustor, the trustee, and the beneficiary. The trustee is the individual or company responsible for looking after the property listed in the trust until the appointed time when the beneficiary may come into their inheritance. This is often the case for children or young adults who are not capable for handling the property to the best of their ability until a later date.


Power of attorney is a legal document that gives another person the legal power to act on your behalf when you aren’t able to do so. The power can either be ongoing or applied only to certain actions and dates. A power of attorney is usually designed for financial matters during or after your passing, family issues such as caring for children, and healthcare orders regarding your medical care if you become unable to care for yourself.


Medical directives, usually listed in a person’s living trust, list an individual’s desires on how they want to be treated in the event of a serious illness or accident; this includes designating a power of attorney. By putting a medical directive together, your loved ones will not have to go through the emotional stress of guessing what you would want them to do in the event you become seriously ill or injured and unable to speak for yourself. N•M Law, APC understands that this is a trying time for people to approach, and we will take the time needed to sit and explain all that goes into deciding what to do in regards to aligning it with your personal wishes. No one wishes that a need for medical directives will become, but it is in your best interest to ensure that your desires are established in case of an unexpected situation in the future.


NM Law, APC has helped many Orange County residents through the process of estate planning. We have detailed knowledge of each element and can provide the counsel and skilled guidance that you will need in order to get your property aligned. Noelle Minto understands that each person’s situation is unique and approaches each case with an open mind so that she can achieve the best possible outcome. Contact NM Law, APC today to get started.

Disclaimer: This information is intended to provide a general summary of laws in the State of California and should not be construed as a legal opinion nor a communication which forms an attorney-client relationship with the reader.



Most individuals think that they are too young or healthy to start planning their estate. At NM Law, APC, we strongly encourage you to learn exactly why estate planning is such a valuable process. Your loved ones and you can all benefit financially and emotionally if you are prepared with a detailed estate plan before your passing.


There are many benefits to estate planning. It saves you and your loved ones from having to pay loads of attorney’s fees on top of court fees by avoiding the probate process. All of your last wishes will be overseen by a trustee that you choose to be in charge of your living trust instead of a judge. In addition, your loved ones will avoid the high taxation that comes from probate. Instead of having to pay thousands of dollars out of their inheritance for estate taxes, they will be able to keep the bulk of their inheritance for their own use as you had intended.


Estate planning ensures that your last wishes are followed and documented in detail. If you decide to establish a living trust, you will be able to place a responsible individual or adult as the trustee of the trust, allowing them to handle all of your property and wishes after you pass away. You might choose to draft a simple will, but keep in mind that this option still requires probate.


Estate planning, most importantly, provides for the ones you love by allowing them to distribute your estate in a manner of weeks instead of the months it would take in the probate process. With estate planning you will be able to ensure your loved ones are properly taken care of after you pass. You may also provide documentation of how you would like to be cared for, should you become unable to act or care for yourself.


Contact NM Law, APC to speak about how we can help you through the process of estate planning. The idea may seem a little unnerving but we are willing to guide you through each step of the process. With more than 20 years experience, Noelle Minto is skilled in these legal areas so you are guaranteed only the highest quality of counsel and legal representation. Contact NM Law, APC today to find out what we can do for you through a case evaluation.

Disclaimer: This information is intended to provide a general summary of laws in the State of California and should not be construed as a legal opinion nor a communication which forms an attorney-client relationship with the reader.


  • NM Law is an excellent law firm to work with! Noelle and her team are very thorough and knowledgeable. They explained the estate planning process to us and kept us informed every step of the way. We…

    Monique S
  • I greatly appreciate Noelle’s assistance in making difficult decisions. When she provides counsel I know she puts herself and her family in my shoes. I feel comfortable knowing my attorney has analyzed every angle and leaves out…

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  • For those of you that are looking for the perfect attorney to handle any of your estate issues, well Noelle is the one for you! I can’t say enough about Noelle! She recently handled a case for…

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  • One of the most important things you can do for your family is have a good Living Trust done by an attorney you can trust to take care of your business. I highly recommend Noelle Minto, an…

    Sandy Z.
  • Working with Noelle on litigation and transactional matters was truly a valuable experience for me. Not only was she a great communicator with clients and personnel, but zealous and passionate about her clients. I would recommend her…

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  • I’ve known Noelle as a colleague and friend for close to seven years. Working “across the aisle” in the fast-paced and partisan world of LA County politics, I found Noelle remarkable for her ability to quickly grasp…

    Kerjon L.
  • Noelle and her team were professional, courteous and diligent with my case. It was a small matter but they took it as though it was a large one. They reached a settlement quickly and very little effort…

    Doug S.
  • After my mother’s death, The bank locked all her accounts and the insurance company was playing games. Our family lawyer never call me back. I called Noelle for help! My paper work was not in order at…

    Randy B.
  • Noelle is awesome. Handled everything I needed in a timely manner. Very professional!

    Tammy W.
  • I have worked with Noelle on my Estate Planning and was very impressed by the way she handled my business. Noelle was extremely professional and available for all my questions. I would highly recommend anyone looking for…

    Zac C.
  • I have worked with many attorneys, and there are very few that I would ever recommend. Noelle and her team have gone above and beyond to help all of our clients that we have referred to her….

    Robert Sousa
  • I was first referred to Noelle Minto by my family law attorney Mike Monarch to provide oversight on my husband’s Trust conforming with our Post Marital Agreement. Her outstanding legal insights helped me to feel secure that…

    Sharon McCubbin
  • Noelle and Samantha and their team are amazing. They are extremely knowledgeable and professional (they are the best). They have and continue to support me and my family while dealing with my parents Will and Trust. Samantha…

    Greg Bishop
  • I had a great experience with Noelle and Samantha at NM Law. They were fast, clear and got the result we wanted under budget. I am very happy and impressed.

    John Arens
  • NM Law is an exceptional place to work! Our office is located in the City of Tustin, off the 55 Freeway, between the 5 and 405 Freeways. Our main cross streets are Redhill Avenue and Edinger Avenue…

    Samantha Smith
  • The N.W Law team in Tustin Ca was instrumental in achieving a just result in our family trust dispute. We had the privilege of being represented by Samantha Smith and her staff, during one of my saddest…

    Herman baldonado
  • Amazing service. So happy with the whole team!

    Mitchell Hilde
  • So glad to work with this team of professionals

    Noelle Minto
  • As an attorney who has used two other wills & trusts lawyers prior to seeing Noelle, I have a pretty good idea of what to expect and what it should cost. I recommend Noelle to anyone who…

    Lynne Boisineau
  • Highly recommend NM Law. I recently worked with Noelle and her team on my family trust and the process could not have gone smoother. Very knowledgeable and professional. I have since recommended all of my family members…

    Nathan Perkins
  • A very professional approach and action to fulfill our personal requirements

    Waldo ortega
  • My husband and I decided to update our 12 year old trust. We initally had a call with Noelle, and were instantly very comfortable with her approach. Noelle was great to work with, very patient, was willing…

    Cheri Ondatje
  • Vey helpful with good insight to take the proper steps with difficult situations and have my questions answered. Noelle and her team are professional and courteous and great to work with!

    Corine Cojocaru
  • Samantha and the team are professional compassionate and get the job done. She articulates very well what needs to be done. Her and the firm do Probate and Trust at its finest to protect their clients. She…

    Silvana Sarkis
  • I was referred to NM Law after dealing with a myriad of problems in settling a complicated Trust in Riverside County. At the initial meeting, Noelle Minto and Samantha Smith listened to the mess I was in…

    Aleathea Rayburn
  • Love this firm. I’ve worked on a wide range of legal issues with NM law, and the attorneys here are top notch, reasonably priced, and a pleasure to work with. They truly care about each of their…

  • Ms. Minto, I want to thank you and your staff for the courtesy extended to us during our family’s pending emergency deadline. Mr. O’Grady spoke to my brother and gave us his best recommendation regarding my father’s…

    Abraham Torres

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We dedicate pro bono time, volunteer services, and a percentage of our gross revenue to these organizations. In 2023, we sponsored a refugee family of five to come to the United States and start a new life.

Each year our law firm decides as a group which charities to assist with our time, money, and expertise. Please feel free to click on any of the charities below and make a donation of your own.

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