We work in all areas of Decedent Estate Probate & Trust Litigation, including Estate Planning.
Probate & Trust Litigation, Estate Planning
We work in all areas of Decedent Estate Probate & Trust Litigation, including Estate Planning.
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Estate Planning
An Estate Plan’s Functional Goals gives a Grantor: 1. Opportunity to Organize Your Economic Life, 2. Create the Command Structure, 3. Avoid Legal Pitfalls, and 4. Protect Your Family. In other words, it is the Legal Framework under which you organize your life, death, and transfers. It gives someone the legal tool kit to step in and manage your life and effects, when you cannot manage it yourself. Here are some of the devices used as part of an Estate Plan:
- Revocable Living Trust
- Irrevocable Trust
- Advance Health Care Directive
- Durable Power of Attorney
- Wills
- Generation-Skipping Trust
- Special Needs Trust
- Charitable Trust
- Many More
Probate
Probate is the legal process where a decedent’s assets are assigned to another, either through Intestate Succession (Leave it to the State) or by a Will.
Trusts
Revocable Trusts are primarily used as a probate avoidance devise. There are many similarities between Wills and Revocable Living Trusts. However, the differences will impact: 1. the amount of Probate costs may be paid by your Estate, 2. the time required to transfer property to Beneficiaries, 3. the Level of Privacy you want with your Estate Plan, and 4. the extent of authority to act.
Trust Administration
We assist Trustees / Successor Trustee in the administration of Revocable and Irrevocable Trusts. With the proliferation of Revocable Trusts as the main probate avoidance device for estates that are in excess of $150,000, there are many non-professional trustees who may not be aware of all the legal requirements of trust administration that are necessary.
Trust & Probate Litigation
Probate & Trust Administration typically means that administration of property of different kinds. Unfortunately, this breeds distrust between managers of the estate and beneficiaries. There can be intentional and unintentional management which leads to litigation. We can assist Administrators, Executors, Trustees, and Beneficiaries with all levels of litigation.
Heggstad Petitions
A “Heggstad” Petition (petition under California Probate Code § 850) enables you to get real or personal property into a California trust after the death of the Grantor.
Free Consultation
We will review your case and get back to you with a customized evaluation. Any information you share with us is confidential.