Practice Areas

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.

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.

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.

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.

Estate Planning & Drafting

Estate Disputes

Asset Distributions

Wills
Trusts
Power of Attorney
Advance Healthcare Directive
Trust Administration
Validity of Will or Trust
Ownership of Property
Personal Representative / Trustee Actions

You are tasked to carry out the instructions of the trust and have a duty to act in the best interest of the beneficiaries. It's a lot for a normal person to handle.

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.

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.

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.

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.

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.

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 usually the case.

Prop 19 Transfers
Gifting Property
Other Distribution Methods

Many people are familiar with Prop 13 which essentially limits the increase in property taxes. You can transfer this lower value in certain situations under Prop 19 when there is a change in ownership.

You can give a gift of money or property to anyone while you are alive. But this can affect estate taxes and also future taxes of the person receiving the gift.

There are several other methods to pass on assets to others that can be very efficient. But do they fit in to your situation?

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.

Does the personal representative or trustee have a right to give away a property or is it owned, at least in part, by someone else?

Distributions

The will or trust may be valid but the distribution instructions may be unclear as to who or how.

Is the person in charge acting responsibly? Beneficiaries and heirs have a right to oversee these actions.

We are here to help.

We want to tailor our services around your legal needs so that we can reach the desired outcome together.