A place to discuss areas of practice.
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A Will is the traditional document used to transfer a decedent’s estate. The testator expresses his wishes in writing with a witnessed will (two witnesses required in California) or a holographic will (completely hand written, signed and dated by the testator). In a Will, the testator names
Read more →A trust is a fictitious legal entity used for a variety of purposes. A revocable living trust has become a common way to hold property in California. It offers some significant advantages over direct ownership of property. It can serve as a Will substitute. A trust is
Read more →A person can specify a health care agent to make medical decisions in the event of his or her disability. The health care directive can also include instructions to physicians and other care providers, long term care choices, end of life decisions and even funeral arrangements.
Read more →A power of attorney is a legal document which allows decisions to be made by the person’s specified attorney-in-fact. The power of attorney can be special (limited to certain assets or decisions) or general. In recent years, the law has allowed for “durable” powers of attorney which
Read more →Probate Traditionally, when a California resident died, his or her estate would go to Probate Court. This would allow for the proof of a Will, if any, or handling of the estate by the laws of intestate succession, which is the distribution to one’s heirs in the
Read more →If there are questions over the validity of a Trust or Will, it can be litigated in Probate Court. This can include claims that the documents are forged or fraudulent, that they were secured by undue influence or for interpretation of the language of the document. The
Read more →A trust for a decedent can be administered informally unless an interested party requests court supervision. It is necessary to see that the assets are secured and appraised, that income and estate taxes are paid, that claims are resolved, that sub-trusts created at the time of a
Read more →This concept includes guardianship of the person or estate of a minor. If a person who has not reached majority (age 18) is to receive property, a guardianship may be required. This is a formal Court process to report on and protect the assets of the minor.
Read more →When an adult is unable to handle his or her own financial or health care decisions, a conservatorship may be required. This is a public process in Probate Court, although some issues can remain confidential. The Court determines whether or not a conservatorship is necessary to protect
Read more →Estate planning refers to the planning for efficient handling of the estate of an individual or individuals. It may have as its goal support of a spouse or children, the passing of wealth between generations or the support of worthwhile charities. With efficient planning these goals are
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