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Areas of Practice
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PROBATE ADMINISTRATION
Probate is a court-supervised process concerning the final disposition of a person's estate after death. Formal Administration can be completed in as little as two months, but may take years to complete, particularly if there is litigation involved.
In California, decedent's estates that exceed $100,000 of current market value, or any estate involving real property, requires a court proceeding.
It is advisable for the executor or administrator (i.e. the client) to obtain the services of a competent probate attorney to see him or her through the often puzzling rules of the probate courts.
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TRUST ADMINISTRATION
A trust administration is the process by which the assets within a trust are distributed to the designated trust beneficiaries. A trust administration is generally accomplished without the need and added legal expense of court supervision.
The trustee of a trust may wish to seek legal counsel to assist him or herself through the often-confusing rules of trust administration. The attorney's role should be to assist the trustee to carry out the intent of the trustor (the creator of the trust) and comply with all the necessary trust, tax, and other legal requirements to protect the trustee from liability.
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LITIGATION OF PROBATE AND TRUST DISPUTES
When parties are involved in disputes concerning estates and trusts our firm strives to come to a successful resolution for our clients — both in and out of court.
We zealously represent our clients in all types of probate and trust litigation, whether in probate court, at trial, in mediation or arbitration.
Our practice includes will and trust contests, disputes arising from the wrongful distribution of trust and/or estate assets, interpretation of instruments and the application of law, the allocation of the estate tax burden and the modification of trusts.
Often our involvement in the manner results in quick resolution as we are able to explain the actions of our client to the objecting individuals or we are able to explain to the wrongdoer why our clients are entitled to the requested distributions (and what legal action we will take if they fail to comply).
We represent both fiduciaries (executors, administrators, trustees) and beneficiaries.
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ESTATE PLANNING
Estate planning is a process to set up legally effective arrangements that would meet your specific wishes if something happens to you or those you care about.
Estate plans vary greatly in complexity and with the necessity of documents. A very basic estate plan could consist of a simple Will. However, a good estate plan would incorporate numerous other documents such as a living trust, powers of attorney, and health care documents.
A good estate plan should minimizes potential taxes and fees, set up contingency planning to make sure beneficiaries who are not yet fiscally mature receive their inheritance at an appropriate age, and coordinate what would happen with your home, your investments, your business, your life insurance, your retirement benefits, and other property in the event you became disabled or if you die.
On the personal side, a good estate plan includes directions to carry out your wishes regarding health care matters. Therefore, if you ever are unable to give the directions yourself, your selected person would do that for you.
In general, a good estate plan provides you with the peace of mind from knowing that you have taken care of your loved ones even if something were to happen to you.
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CONSERVATORSHIPS
There are several different types of Conservatorships.
Conservatorship of the Person: If the Conservatee cannot properly provide for his or her own personal needs for food, clothing, shelter and health, the Court appoints a Conservator of the Person. Special powers may be requested to treat persons diagnosed with dementia, such as secured perimeter placement and appropriate medications.
Conservatorship of the Estate: If the Conservatee cannot properly take care of his or her own financial affairs or cannot resist undue influence or fraud, the Court appoints a Conservator of the Estate.
Limited Conservatorship for the Developmentally Disabled: If the Conservatee is developmentally disabled since birth, the Court will likely create a Limited Conservatorship with very limited powers tailored to meet the specific needs of the individual.
LPS Conservatorship for Gravely Disabled: If the proposed Conservatee is gravely disabled as a result of mental illness or chronic alcoholism and presents a danger to self or others, then an LPS Conservatorship may be appropriate. Only LPS Conservators may place the Conservatee in a locked facility or force the Conservatee to undergo treatment or take medication to address the problems. These proceedings can only be initiated by County officials.
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