Practice Areas |
Estate Planning
An Estate Plan can be many things from a simple Last Will & Testament to a full Family Trust, many
factors including the value of your estate and the possibility of estate taxes determine
which type of plan will best suit you and the needs of your family. Planning for the
management and distribution of your estate can sometimes include tough decisions; especially
if you have concerns regarding the care of a family member with special needs, a blended
family with adult children or a Domestic Partnership.
Although primarily created to direct
the distribution of your property at death, a Living Trust and Power of Attorney are
crucial in allowing a third party to manage your financial affairs and medical decisions in
the event you experience a period of incapacity during your lifetime. Working with you, we
will consider all of these factors and design a plan tailored to address your family's specific
concerns and estate planning needs.
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Trust Administration & Probate
The death of a loved one can be overwhelming. This is especially true when you are
responsible for handling some or all of the deceased person's business and personal matters. Our
office has been helping survivors deal with the sometimes overwhelming details of handling
estates, both probate and trust, for the past 20 years. A properly executed and funded
Living Trust can help avoid the costly court and attorney's fees associated with a Probate.
A comprehensive estate plan can prevent the necessity of a Probate but there are still
many responsibilities for the administrator or successor trustee of a Living Trust including
legal notifications, asset location, trust accountings and beneficiary distributions. In some
instances it may become necessary for a successor trustee to take over for an incapacitated
trustee; in this case there are many legal guidelines that must be followed. In the event
your loved one or friend passed without a Living Trust, their estate may need to be administered
through a court process called Probate. Probating an estate is rather involved and can take
anywhere from nine months to over a year to complete.
Whether you need assistance with a decedent's trust, are responsible for the administration
of a trust for an incapacitated friend or loved one or are the executor of an estate that
must be probated, it is best to obtain the assistance of a lawyer before taking any actions
to ensure you are in compliance with the legal rules and requirements of trust administration
and Probate.
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Elder Law & Medi-Cal Qualifications
Elder Law covers a wide array of legal issues affecting seniors and their families
including caregiver contracts, long term planning and Medi-Cal. Qualifying a parent or
spouse for Medi-Cal can be a daunting and confusing process especially when attempting to
protect their assets like the family home. By taking steps to protect your property while
you are alive, you can avoid a Medi-Cal estate claim at your passing. As a member of
NAELA (National Academy of Elder Law Attorneys) we strive to remain current with the legal
issues facing seniors and the complex regulations of Medi-cal eligibility for the elderly.
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Conservatorships & Guardianships
A conservator's job is similar to that of an executor of an estate, except this person is
managing an adult's estate during their life, instead of at their death. Through court
proceedings, a "conservator" can be appointed, but this type of proceeding can
financially deplete--rather than conserve-an estate. The best defense against the
need for a Conservatorship is a well written and executed estate plan before an
incapacitation.
As a Conservatorship is for the protection of an adult, a Guardianship is
for the appointment of a Guardian to protect a minor and any estate or financial interests
they may have. In the event a Conservatorship or Guardianship is necessary, legal assistance
is strongly suggested as a Conservator or Guardian can be found personally liable for failure
to properly administer a Conservatorship or Guardianship estate. |
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