Practice Areas

Estate Planning

Estate Planning is a comprehensive, individualized process with the primary goals of avoiding Probate, planning for potential incapacity, and developing a plan to distribute the clients estate (whatever the net worth) at the client’s death.  Estate Planning also includes Gift & Estate Tax planning for some clients, as well as asset protection and business succession planning.  A typical Estate Plan includes a California revocable Trust, pour-over Wills, Advance Health Care Directive (medical power of attorney), Durable General Power of Attorney, Nomination of Guardians for clients with minor children or dependent adults under their care, Assignments of Property, conveyance of Real Property, and other ancillary documents that complement the overall plan.  Some estates warrant more advanced planning using a variety of tools and techniques.

Trust Administration

Trust Administration is the process of fulfilling the wishes and distribution plan found in a client’s Trust and associated Estate Planning documents.  My practice in this area focuses on advising successor trustees of California Trusts following the death of the Settlor.  The successor Trustee is required, as a fiduciary, to administer the Trust based on the document itself as well as the California Probate Code.  Unlike the Probate Administration process, there is often no requirement of court involvement, which makes the administration more efficient and less costly, but there are numerous administrative, accounting, and other fiduciary responsibilities required in a Trust Administration.

Probate Administration

“Probate” is required when a California resident dies with assets over $150,000, but has no estate planning documents at all (“intestate”), or even if the resident dies with a valid Will.  Probate Administration is the court supervised process of marshaling assets, notifying and paying creditors, if any, accounting for assets and costs of administration, and finally distributing the estate.  The Probate process can regularly take more than a year and is often much more costly than the Trust Administration process.

Trust Litigation

Conflict can often arise over the course of a Trust Administration for a variety of reasons.  An interested person can contest (or question the legitimacy) of a trust document, there may be a difference in interpretation of the trust, or a conflict arises between the successor trustee and a beneficiary.  Whatever the foundation of the conflict, the matter may need to be resolved in the Probate Court.  Trust litigation is an intentionally slow and deliberate process; filing a lawsuit is an important decision that should be carefully considered with the assistance of an attorney as considerable time and resources are required to litigate a conflict.  When possible, my practice attempts to use alternative dispute resolution, such as mediation, but in some cases, trial is required to resolve the conflict.

Small Corporate Law

Often a significant asset in a client’s estate is a family business or income-producing real property.  The corporation and/or the limited liability company can be an important estate planning tool which can provide asset protection and can also be used effectively in business succession planning and overall wealth transfer.