WILLS AND TRUSTS
BUSINESS LAW
REAL ESTATE LAW

WILLS AND TRUSTS   These are matters that are often postponed by families in the prime of their years because facing the possibility of an early demise is uncomfortable. If that describes you, consider what can happen should you die intestate (without a will or trust): The State determines who gets what Or the State determines who in your family will handle the estate distribution The court determines who will take care of your minor children Or a family member can petition the court for custody of your minor children
Do you really want those decisions made by the State or the courts? Do you really want a family member you don’t trust to raise your children? Of course, you don’t. That’s why it’s important to get these matters taken care of now! Similarly, you want to make sure there is someone in place should you become disabled und unable to manage your affairs. Nothing is more painful than having the court appoint a conservator.   What’s better — a Will or a Trust?   That depends on how many assets you have. Pretty much anyone owning real estate (paid for or not) falls into the Trust category. Keep in mind that the current market value of your real estate holdings will be counted towards your assets, and the cost of probating a will is calculated as a percentage of your total assets. In most cases a Trust will preserve your heirs more of their inheritance.

I invite you to give me a call, and I will be happy to tell you what would be best for you after asking you a few questions. The call is free – 707-573-3901.

Depending on your situation, there are many different types of trusts to consider that we’ll discuss when you’re ready to move forward:

Special needs trusts
Disclaimer trusts
Bypass/credit trusts
Revocable trusts

All estate plans using trusts will include tax planning considerations, a durable power of attorney, advance healthcare directives, and a will or pour-over will.

If you have been named the trustee of a trust and need assistance with that or with probating a will, give me a call. There are many responsibilities that come with these duties that require attention to detail, such as:

Notifications to beneficiaries and government offices
Considering the best tax strategies and filing the proper forms
Creating an inventory of assets and liabilities
Paying the trustee’s fees
Distributing the assets

Administering a trust or probating a will requires attention to detail, good record-keeping and good communication with the family. Unfortunately, families are under stress when people die, and the trustees or executors do not always keep good records or communicate well. I defend trustees and other fiduciaries, including attorneys-in-fact acting under a durable power of attorney, when conflicts arise and there are claims for surcharge or breach of fiduciary duty.

Similarly, if you are the beneficiary of a trust or a will and have concerns about how the trustee or executor is performing his duties, I can help. Often such problems are really about communication, but sometimes we have to go to court to enforce your rights.

International Considerations   Don’t be caught in tax traps and penalties for:   Failing to report gifts from abroad of more than $100,000 Failing to report money held in foreign accounts Naming a foreign person as the trustee of a trust Expatriation of U.S. citizens or legal permanent residents What is your issue? Pick up the phone and let’s talk about it. The call is free 707-573-3901.

People living in the U.S. who want to get married in France may need help obtaining certain documents, such as a “Certificat de coutume.” I can work with you to prepare the documents you need to satisfy the French authorities. Similarly, a U.S. citizen who marries a French citizen may run into questions about prenuptial agreements and community property. These legal concepts are hard to translate and don’t mean the same thing in California and in France. I can help people work through these concepts and, if appropriate, draft an agreement.

BUSINESS LAW

On the business side, I’ve also run into many sticky situations that were created by not having the proper legal documents in place. One common omission is lack of a “buy-sell” agreement. This can be very costly for everyone concerned, especially when it ends up in the courts.
 

Starting a new business? I can help you with advice on creating and operating: S Corporations LLC’s (limited liability corporations) LLP’s (limited liability partnerships) Partnerships Limited Partnerships While in business, you will encounter situations that cannot always be handled without legal advice, such as: Negotiation of Contracts Debt Collection Procedures Enforcement of Judgments Issues surrounding the sale of a business If you have a business with employees, it can turn into a mine field if you are not careful to observe all labor laws. I can assist you with creating: Employee Procedures Employee Handbooks Legal Procedures regarding termination of employees