Estate Planning

Do You Have An Estate Planning Issue?

Estate planning is not just planning. It's part of a larger process. Talk to us if you fit into one of these categories or just have questions.

Think you might want an estate plan?

You can create a plan that gives your assets to who you want, how you want, and limits taxes. There are many ways to do this.

Questions about prenup agreements?

Whether you want one or your partner does, understand the significant consequences of this document.

You have a duty to the trust creator and beneficiaries. How to fulfill that duty is not always clear.

Are you the trustee of a trust?

Estate Plan Drafting

Wills - Trusts - Powers of Attorney - Advance Healthcare Directives - Prenuptial Agreements

Managing Asset Distributions

Probate - Trust Administration - Prop 19 Transfers - Gifting Property - Alternate Transfer Methods

Estate Disputes

Validity of Will or Trust - Ownership of Property - Distribution Issues - Personal Rep/Trustee Actions

Are you a potential heir where there is no will?

Whether an administrator or executor, you have court-supervised responsibilities.

Is the person in charge of distributing property taking appropriate actions and giving you what you are entitled to?

When someone dies without a will, there are specific rules regarding who inherits.

Are you the personal representative in a probate proceeding?

Are you a beneficiary to a will or trust?

How We Work

Latest from the Legal Guide

There Are Many Ways to Avoid Probate, Even If You Have a Lot of Money

The point of probate is to transfer property from the deceased person to others. But it only applies if you’re trying to transfer property using a will or if you left no instructions whatsoever as to who the property should go to.

In these situations, a court will oversee the whole process and provide an official seal of approval for all transfers. There are fees, based on the value of the assets transferred, and it takes a year or more. But there are other ways to accomplish the same result that don’t involve the court, the time, or the cost.

Some things are easy to transfer. Like physical items. You just take them. There’s no real procedure required and no documentation necessary. But how do you legally transfer a house or an investment account? How do you get access to someone else’s bank account? How do you get clear title to a house?

Many financial accounts allow you to state who gets the funds (the beneficiaries) upon death. It’s like a "mini-will" only for that specific account. And you can do that for each bank, investment, or retirement account. Since you already have a "mini-will" for each, it doesn’t need a regular will.

For a house, there are several options. A common one is a trust. If your house is in a trust, it’s owned through the trust. When you die, the trust is still alive. A new person will be in charge of the trust and will transfer the house according to the instructions in the trust. It’s all legal and you don’t need probate. So, you don’t need to include your house in your will.

With these two methods you can likely avoid probate because they may take care of the large majority of assets. Last but not least, if the value of the property that would have to go through probate is less than $184,500, there’s no probate. There’s a much simpler procedure available. So if you didn’t list beneficiaries for some accounts but they total less than $184,500, it’s not going to ruin your probate avoidance plan.

This is just general information. Each situation requires a specific plan. But it’s important to understand the basic options.