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Practice Areas
Estate Planning & Drafting
Devise a plan to pass on property to others. Your estate consists of your assets and your financial obligations. A complete plan can distribute assets effectively and help your loved ones navigate a difficult time.
Wills
The most basic way give property. But certainly not the only way. Can be combined with a trust or beneficiary designations to complete an estate plan.
Trusts
A way to avoid court probate, transfer property, plan for incapacity, and control assets for the next generation. But it's not necessarily as easy as it sounds.
Prenuptial Agreements
A personalized financial plan for your marriage. Marriage creates community property, meaning shared ownership of earnings. You don’t have to agree to these default rules when you get married.
Power of Attorney
Who will make financial decisions if you're incapacitated? And what is the scope of financial decisions they can make? Part of a complete estate plan.
Advance Healthcare Directive
Who will make medical decisions if you're incapacitated? And what decisions do you want to make now for others to follow later? Part of a complete estate plan.
Asset Distributions
Implementation of a plan to transfer property is not always easy. Whether you are doing it yourself, on behalf of someone else, or expecting to receive property, an attorney can assist in the process.
Probate
The court procedure when someone dies with or without a will and assets need to be legally transferred. There are specific procedures and timelines to follow.
Property Taxes
Many people are familiar with Prop 13 which limits the yearly increase in property assessments. You can transfer this lower value in specific situations and under Prop 19 when there is a change in ownership.
Beneficiary / Heir Representation
Is the person responsible for allocating the estate doing their job right? Figuring this out and deciding what to do about it is a complex decision.
Trust Administration
You are tasked to carry out the instructions in the trust and have a duty to act in the best interest of the beneficiaries. It's a lot to handle.
Gifting Property
You can give a gift of money or property to anyone. But this can affect estate taxes and also the future taxes of the person receiving the gift.
Estate Disputes
Any kind of estate planning document or related action can run into problems, especially when there is money and/or personal feelings involved, which is nearly always.
Validity of Will or Trust
There may be a limited amount of time to dispute the document itself. There are multiple options but one must consider what the practical effect of success will be and the consequences of a no contest clause.
Distributions
The will or trust may be valid but the distribution instructions may be unclear as to who or how.
Ownership of Property
Does the personal representative or trustee have a right to transfer a property or is it owned, at least in part, by someone else?
Personal Representative / Trustee Actions
Is the person in charge acting responsibly? Beneficiaries and heirs have a right to oversee these actions and disclosure of information.