For many people, the concept of “estate planning” seems distant, something reserved for the wealthy or the elderly. But according to Sonia C. Lee, partner at Thompson Von Tungeln, that misconception is one of the biggest mistakes families can make.
“Estate planning isn’t just for the wealthy — it’s for anyone with assets, loved ones, or responsibilities,” Lee said. “It’s about control, clarity, and caring for those you love.”
A Firm Rooted in Experience
Thompson Von Tungeln — a professional corporation with locations in Valencia and Lancaster — has been helping families secure their futures for nearly half a century. Established almost 50 years ago, the firm opened its Santa Clarita office more than two decades ago. Its attorneys specialize in estate planning, trust, and probate law, but their expertise reaches far beyond wills and trusts.
“We take a holistic approach,” Lee explained. “That includes business, tax and civil litigation. Well-designed and drafted trust documents are critical, but they’re only one leg of the stool. Helping you keep more of what you earn through tax efficiency and protecting what you already have are equally important.”
What sets the firm apart, she noted, is its depth of credentials and experience. “We’re the only law firm in the area with two Board Certified Specialists in Estate Planning, Trust, and Probate Law,” she said. “We also have partners with substantial Wall Street experience in business, tax, and corporate law. That combination gives our clients comprehensive guidance across all areas of planning.”
Common Misconceptions
After nearly 50 years and more than 12,000 clients, Lee has identified three widespread myths that often lead people astray.
The first misconception is that a simple will is enough — and that it automatically prevents probate. “Nothing could be further from the truth,” she said.
“In California, a will generally requires probate, which means significant costs, delays, uncertainty, and a public process.”
Second is the idea that estate plans only matter after death. In reality, much of estate planning focuses on life — especially unexpected illness or incapacity. As Lee explained, “One of the biggest risks and challenges is how to take care of yourself and your loved ones if you lose capacity but are still alive. Technology can keep us alive longer, but not necessarily healthy.”
The third misconception is that estate planning is only for the elderly or wealthy. “Even modest estates can benefit from clear instructions,” said Lee. “There’s no asset threshold when deciding who will help you if you become incapacitated. No one wants the state of California to make those decisions for you.”
Why Estate Planning Matters
In simple terms, Lee said, estate planning ensures your wishes are carried out and your loved ones are protected — both during life and after death.
“It helps you avoid expensive and drawn-out court proceedings,” she explained. “A good estate plan allows your assets to go to the people or causes you choose, the way and timing you prefer, while minimizing taxes and disputes. Most importantly, it gives you peace of mind.”
A thoughtful plan, she added, covers “what if” scenarios — such as who will handle finances if you’re incapacitated, who will care for children or pets, or how your medical wishes will be honored.
When Should You Start?
Lee recommends beginning early, even as soon as adulthood. “Our partners make sure their own children sign what we call incapacity documents when they turn 18,” she said. “Families should start planning once they have children, but most clients come in between ages 55 and 75.”
Starting earlier allows more options for tax-efficient transfers and ensures continuity if something unexpected happens.
Risks of Not Having an Estate Plan
The consequences of leaving things to chance can be serious. Lee emphasized two major areas of risk: incapacity without authority and death without a plan.
Incapacity without proper documents can leave loved ones powerless. “Without an estate plan, doctors may make their own healthcare decisions for you,” Lee said. “Banks and insurers won’t allow anyone access to your accounts, and getting court permission can be expensive and time-consuming.”
Passing away without a plan — known as dying intestate — hands control to the state rather than your family. “California law decides who gets what,” Lee said. “Your spouse might receive less than expected, or assets could go to estranged relatives.”
Probate can last “24 months or longer,” she added, involving public filings, statutory fees, and legal costs that eat into the estate. It can also lead to family disputes or even theft before the court appoints an official representative.
“A simple revocable living trust or basic documents can often avoid these issues entirely,” she said. “Planning gives everyone peace of mind.”
Understanding Probate
Probate, Lee explained, is the court-supervised process for settling a deceased person’s estate. It involves verifying the will (if one exists), paying debts and taxes, and distributing remaining assets.
“Probate is expensive, time consuming, public, complicated, and uncertain,” she said plainly. “A will guarantees probate.”
The process begins by filing a petition with the superior court, notifying beneficiaries and creditors, and even publishing public notices. Estates must inventory and appraise assets before paying debts and distributing what remains. “It’s all public record,” Lee noted. “A well-drafted and administered estate plan avoids it entirely.”
Avoiding Mistakes During Probate
Even for those who end up in probate, Lee said, mistakes can make matters worse. Common errors include hiring inexperienced attorneys, delaying filings, failing to notify heirs or creditors, distributing assets too early, and neglecting to secure important documents.
“Too often, people don’t realize how specialized probate law is,” she said. “They hire someone who doesn’t know the process, and it causes delays or errors.”
Another frequent issue arises when families create trusts but never fund them properly, leaving assets outside the trust. “A trust that isn’t funded isn’t helpful,” Lee warned. “Those assets still end up in probate.”
To avoid complications, she recommends working with an experienced estate attorney before incapacity or death. “Proper planning with updated beneficiary designations and powers of attorney can simplify — or even bypass — probate entirely,” Lee said.
Talking About Tough Topics
Discussing topics like wills, illness, or death can feel uncomfortable, but Lee believes the right approach transforms them into empowering conversations.
“I advise starting small and framing it positively,” she said. “You can say, ‘I want to make sure we’re all on the same page so there’s no confusion or stress later.’ It doesn’t have to be one long formal meeting.”
Her advice for families: choose a calm, private setting, not during a crisis; be transparent about your goals; listen to others’ concerns without judgment; focus on love and protection rather than money; and update plans regularly as family dynamics change.
“These conversations can actually strengthen family bonds,” she added. “And having an estate planning attorney guide you through them can reduce anxiety by providing structure and clear options.”
The Lawyer’s Role in Preventing Disputes
An experienced estate attorney serves as both legal guide and neutral mediator, according to Lee. “We listen to the facts, clarify what the law says, and draft clear, enforceable documents,” she explained.
Lawyers also help ensure proper asset titling, advise executors during administration, and mediate disputes before they spiral. “Our goal is always to honor the deceased’s wishes while preserving family relationships,” she said. “Proper estate planning really helps avoid conflict, but a good attorney can be indispensable either way.”
Lessons from the Field
Lee has seen firsthand how poor planning can devastate families. In her 2023 blog series, Sonia’s Estate Planning Horror Stories, she shared real experiences (without names) to highlight common pitfalls.
“One of the most frequent mistakes is when parents add children onto property titles during their lifetime,” she said. “They think it’s an easy solution, but they don’t realize the tax consequences until it’s too late. It can be very expensive.”
Other issues arise from DIY kits or hiring nonqualified individuals. “People use online forms or ‘licensed document assistants’ who can’t offer legal advice,” she said. “Some companies lure clients with cheap trusts but are really selling high-commission insurance products. It’s terrible.”
The consequences can be heartbreaking. Lee recalled seeing children forced into conservatorships to care for incapacitated parents — situations that could have been easily prevented. “I’ve seen siblings walk away from each other for good because of poor planning,” she said. “Too much inheritance money gets wasted fighting in court.”
Taking the First Step
For those hesitant to begin the process, Lee encourages small, informed steps rather than avoidance. “We provide free estate planning seminars every month,” she said. “They’re a great place to start — they’re very informative.”
Contact Thompson Von Tungeln at (661) 945-5868 to register for an upcoming session. Estate planning, Lee emphasizes, is not about preparing for death — it’s about protecting life, family, and values. “It’s one of the most important gifts you can give your loved ones,” she said. “You’re not just planning for the future — you’re giving peace of mind today.”
