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Estate Planning

Helping clients establish or update an estate plan involves more than creating a will or a living trust. It is the process of arranging and managing an individual's assets during their lifetime and after their death. The goal of estate planning is to ensure that an individual's assets are distributed according to their wishes and in a manner that minimizes taxes, fees, and legal disputes. An estate plan is a set of documents created to:

  • Ensure your estate passes to your intended beneficiaries at your death;

  • Nominate the person who will administer your estate at your death;

  • Nominate to make medical and financial decisions for you if you become incapacitated;

  • Nominate a guardian to care for your minor children; and

  • Avoid or reduce estate taxes.

Trusts

We help clients with all aspects of trust creation and management. There are two basic types of trusts: revocable and irrevocable. A revocable trust can be altered or revoked during the life of the grantor (the person who creates the trust). While assets held in a typical revocable trust at the decedent's death do not have to go through probate, they are generally subject to the estate tax (if larger than the exemption amount then in effect). Conversely, an irrevocable trust generally cannot be altered after you create it. Many irrevocable trusts are used to minimize or avoid estate and gift taxes.

Powers of Attorney and Advance Directives

We work closely with clients to help them make important healthcare and financial decisions in advance, ensuring their wishes are respected in the event they are unable to make those decisions themselves. Powers of Attorney (POA) primarily name someone who can make decisions about an individual's healthcare or financial affairs after they become incapacitated. They can be durable (permanent) or set for periods of time. One very important thing to remember about a power of attorney is it ceases to have any legal effect when the signatory dies. After death, the legal authority of a POA terminates and family members must then turn to a trust, if any, or file a probate court action in order to have authority to act for the estate.

Advance Health Care Directives, also known as "living wills", are written instructions that explain an individual's wishes with regard to the withdrawal of life support in the event they cannot communicate as a result of a terminal condition or "persistently unconscious" diagnoses. It allows an individual to specify when to use resuscitation, up to what point, and what end-of-life decisions are to be made if they cannot make them themselves.

Granting powers of attorney and creating an Advance Directive for Healthcare enables a loved one to access medical information, avoid HIPAA restrictions which can create unnecessary delays and legal difficulties.

Last Wills and Testaments

We advise clients on all aspects of will creation, including the selection of beneficiaries, the naming of an executor, and the distribution of assets. Without a will, the State of California establishes how your estate is managed and distributed. Uncertainty as to the intent among family members lends itself to arguments and ill will towards fellow family members. While a will may still pass through probate, it can at least help you clearly define your intent so that family members won't have to guess.

Business Succession Planning

Our Firm helps clients establish plans that facilitate business continuity through multiple generations. Developing a family business plan is a multi-disciplinary process that involves counsel from multiple independent professionals. We work with your other professionals to analyze and structure general investment and business assets and agreements to efficiently provide for retirement and post-death transitions as well as other long term goals.

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