What is Estate Planning?
At its most basic level, estate planning is planning for the distribution of your house and life savings at your and/or your spouse’s death, in most instances to your children. There are many legal strategies involved in estate planning, including wills, revocable living trusts, irrevocable trusts, durable powers of attorney, and health care documents. In the absence of legal planning, one’s estate will be distributed after death according to California’s laws of intestacy. But, with proper planning, you can avoid the cost and uncertainty of a lengthy probate, eliminate or reduce federal estate tax burden, and minimize risks of lawsuits and financial disputes.
At Pacific Trusts & Estates Law, PC we assist clients with:
- Wills
- Revocable Living Trusts
- Irrevocable Trusts, including Irrevocable Life Insurance Trusts
- Durable Powers of Attorney
- Advance Health Care Directives
- Community Property Agreements
Probate
Probate is the court-administered distribution and settlement of a decedent’s estate when the decedent does not have a trust, or the trust does not have legal authority over the assets in dispute. We are experienced in this very complex area of law.
Pacific Trusts & Estates Law, PC represents executors, administrators, conservators, beneficiaries, heirs and other parties in all manner of trust and estate disputes, including, but not limited to:
- Will Contests
- Removal/Surcharge of Personal Representative (Executor, Administrator)
- Heirship Petitions
- Recovery of Assets (i.e., Probate Code Section 850 petition)
- Allegations of Incapacity / Undue Influence / Fraud
- Allegations of Breaches of Fiduciary Duties
- Accounting Disputes
- Elder Abuse Claims Disputes involving Community Property / Quasi-Community Property Rights
- Title Disputes (i.e., Probate Code Section 850 petition)
- Mediation
- Trial
Conservatorship
If our loved ones become mentally incapacitated, we may need to ask the court for legal authority to take over their care. You, as the conservator, manage the healthcare and affairs of your loved one, the conservatee.
Conservatorship is not only necessary for those who suffer from medical issues such Alzheimer’s disease, stroke, head injuries or other neurological disorders. It may also be necessary for young family members who are developmentally disabled and are becoming adults in age.
We will assist in the complex process of obtaining such legal authority. Conservatorship proceedings begin with a petition filed with the court, and a court hearing is then granted. The court will initiate an investigation and assign court counsel for the proposed conservatee to protect his/her constitutional rights. Medical evaluations are almost always required to assess the mental and physical status of the proposed conservatee. The court will also investigate your background in determining your competence and legal capacity to qualify for the position of conservator.
Pacific Trusts & Estates Law, PC respects the unique concerns and needs of each and every client, regardless of circumstances or complexity. Whether you have a clear sense of your goals or are just beginning to assess your plans for your future, we apply our comprehensive knowledge of the law and estate planning tools to craft custom-tailored plans that address all your needs. We take pride in ensuring that each estate plan reflects the client’s goals and values, with an eye toward ensuring family harmony, minimizing tax burdens, and securing a legacy for generations to come. Contact us today to start planning for your future!