Estate planning takes into consideration each client’s needs and wishes and the drafting of appropriate documents to serve him or her in the event of incapacity and/or death.

In the planning process we:

• review and make note of the community property/ separate property nature of your assets;
• discuss the manner in which you wish to pass on your assets to your family/ charities, etc;
• discuss any special need child/ren and provide appropriate trusts or safeguards for them;
• discuss possible estate tax consequences;
• review beneficiary designations relating to bank accounts, IRA’S, 401k’s, life insurances, annuities, etc., and coordinate with overall estate plan;
• discuss who may handle your affairs in the event of your incapacity;
• prepare the documents to implement your plan. Typically these will include a Will, Durable Powers of Attorney (one for financial matters and one for health care matters), Health Care Directive (a.k.a. Living Will); and a Community Property Agreement, if appropriate; and
• supervise the execution of the final documents.

Probate (with a Will) or Administration (without a Will) is the orderly court process of administering the estate of a person who passed away.

Not all estates need to be formally probated or administered. We discuss your estate alternatives and the process, the timing and the costs at the initial conference. Typically this may include having the Will admitted to probate and the appointment of a Personal Representative (if there is a Will) or the appointment of an Administrator (if no Will); providing Notices to all heirs and to creditors; the gathering and determination of all assets and liabilities; payment of liabilities and distribution to heirs; and the closing of the estate.

A typical Probate or Administration takes 4 to 12 months.

If no Probate or Administration is required then we discuss non- probate or Small Estate procedures and alternatives.

Elder Law is an area of law focusing on the legal needs of clients over the age of 65 and especially those incapacitated due to physical or mental issues. Consultation and advice is provided over a wide range of issues relating to care decisions, the use of powers of attorneys and guardianships, the relation of Medicaid to one’s estate, and asset protection where appropriate.

The fees for estate planning documents are fixed fees and can be obtained by contacting the office. The costs and fees of for probates are generally fixed fee and are determined at the initial conference. My goal is to minimize your anxiety regarding fees and to let you know in advance what to expect.