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Areas of Practice
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Estate Planning
last will and testament
A Will is a legally binding document which states the wishes of an individual after they pass away with regard to what happens to their estate and assets and who will become the guardian of any under aged children. It is often created in conjunction with a Revocable Living Trust.
revocable living trust
A revocable living trust is an integral part of most estate plans and is often developed in conjunction with a Last Will and Testament. Transferring the title of assets to a trust allows for your designated successor trustee to take the necessary steps after your death to honor your wishes while allowing your loved ones to avoid the complex, time-consuming and expensive probate process and to maintain privacy. Furthermore, if you become incapacitated, your designated successor trustee is able to step in on your behalf, eliminating the need for conservatorship proceedings.
power of attorney (health care proxy)
A power of attorney, also known as a health care proxy, is a legal document in which a person specifies and authorizes another person to make decisions on their behalf if they should become incapacitated. This is often developed in conjunction with an advanced healthcare directive.
advanced healthcare directive (living will)
An advanced healthcare directive, also known as a living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions they wish to have taken with regard to their health should they become unable to make decisions for themselves because of illness or incapacity. An advanced healthcare directive is often developed in conjunction with another form of advance directive known as a power of attorney (health care proxy).
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Trust Administration and Probate Law
beneficiary representation
Unfortunately, the rights of beneficiaries during the probate of an estate or trust administration may occasionally be violated. Sometimes an executor or trustee will breach their fiduciary duty by self-dealing, commingling estate or trust assets, failing to provide a full accounting of the assets, failing to preserve the assets of the estate or trust, failing to remaining impartial as to how they treat beneficiaries, or failing to property distribute assets in accordance with the terms of the Last Will and Testament or revocable living trust. When this happens, the estate or trust beneficiaries often require legal assistance to enforce their rights.
trust administration
Like probate, the goal of trust administration is typically to transfer property from an individual who has passed away to that individual’s beneficiaries who are identified in a revocable living trust. Unlike probate, trust administration is typically not a court-supervised process, and is more private and typically significantly less costly to the estate. Even though the administration of a trust is typically not court-supervised, trustees have a legal fiduciary duty to properly administer the trust, and failure to fully comply with the law could result in legal and financial risk to the trustee.
conservatorships
If you have a loved one who has not completed sufficient estate planning, and who is now no longer able to care for themselves or to look after their finances, then you may need to establish a conservatorship. We assist our clients with this sensitive and complex process.
guardianships
Many California children are legally cared for by guardians instead of parents, domestic partners or stepparents. Becoming a guardian means that you are responsible for providing adequate care and nurturing of the child in a positive environment. The Court will investigate your background to verify that there are no detrimental factors such as drug use or violence that could cause harm to the child. We help our clients through the complex process of becoming the legal guardian of a child or objecting to a legal guardianship.
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real estate law
We assist our clients with matters involving landlord and tenant issues, evictions, unlawful detainers, and the drafting and review of leases.