services Provided

Estate planning is the process of combining the appropriate documents, such as Wills, Trusts, Powers of Attorney, Health Care Directives and deeds, to prepare for a person’s incapacity and death. It is estimated that 50% of Americans do not have any type of estate planning documents in place. If this is your situation, then California law will dictate what happens to you and your property. Putting an estate plan together allows you to control what happens and can minimize the time and costs associated with life’s transitions. My role as the attorney is to understand your goals, family, and financial situation so that I can develop an estate plan with you that meets your specific needs.

Trust administration is the process of carrying out the terms of the trust when a person dies. The person handling the administration (successor trustee) is responsible for making sure that requirements of the trust agreement, California law, and Federal law are satisfied. In general, it is the successor trustee’s job to collect and manage all of the deceased individual’s assets, appraise the assets, pay all taxes and expenses, and distribute the trust property to the beneficiaries. Many people have unreasonable expectations concerning the way revocable living trusts operate following a death and are unaware of the potential liability a successor trustee faces if proper procedures are not followed. Hiring an attorney to help the successor trustee fulfill their duties can avoid delays in the administration and keep relationships intact during a difficult time.

Probate is the California court process to transfer title of your assets to your beneficiaries upon your death. Under current California law, if you have assets that are subject to probate in excess of $208,850.00 (gross value NOT net value) this process cannot be avoided. Assets that do not count for probate purposes are: 1) anything titled in joint tenancy or community property with right of survivorship 2) anything with a beneficiary designation or pay-on-death designation, 3) anything titled in trust or, 4) real property with a valid beneficiary deed. Probate is long and expensive because the process takes a minimum of six months to complete and the fees for the attorney and personal representative are a set percentage of the value of the assets. California now has a simplified probate process for a primary residence valued (by a probate referee) of no more than $750,000.00.

If you operate a business, you may want to consider becoming a corporation or LLC in order to protect your personal assets and take advantage of potential tax savings. We will help you choose the right business entity and file the appropriate documents with the needed government entities to make sure that your business is set up correctly.