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FREQUENTLY ASKED QUESTIONS (FAQs)
WILLS AND TRUSTS
BUSINESS LAW
WILLS & TRUSTS
What do you charge to prepare an estate plan?
I typically charge a flat rate to prepare an estate
plan. Before I can quote a fee, I need to meet with
you and find out what sort of plan you need. Some
plans are fairly easy, with few assets and simple
dispositions. Other plans involve many assets in
different states (or even countries!) and require
advanced tax planning.
My standard charges:
- For a simple estate plan with fewer assets,
simple dispositions and no advanced tax
planning: $2,000.
- For a medium-sized estate with some tax
planning: $2,500.
- For a larger estate with advanced tax
planning: $3,000.
- For a larger estate with advanced tax
planning and some “cross-border” issues, such as
assets or beneficiaries in a foreign
jurisdiction: $3,500 and up.
In some cases, I may need to include an “hourly”
component to my charges because the plan requires
additional research or involves unusual issues.
My hourly rate is $300.
I always let you know in advance what the charges
will be!
How long does it take to prepare an estate plan?
This is an interactive process. I get a lot of
my information during the initial interview, but I
usually have to give you “homework,” such as finding
the deeds to your house and other real property,
locating statements to all your bank accounts,
401(k) accounts and IRAs you own, and so forth. If
we move quickly, I could probably get from the
initial interview to the meeting to sign the estate
documents in two to three weeks. If the estate is
complicated, requires additional research or
involves assets in other jurisdictions, I might need
a month or more to complete the plan.
I always keep you informed about the progress on the
project. You can always call me or email me with
questions.
Why should I work with Michael rather than
working with a paralegal or doing the estate plan on
my own?
I do charge more than what a paralegal would
charge, and you can certainly prepare a plan without
an attorney. If your estate is simple, and you’re
willing to invest some time in learning how to
prepare a trust, a will, a durable power of attorney
and other estate planning documents, you may be able
to do this on your own. I recommend the resources at
Nolo Press for motivated do-it-yourselfers. You can
also work with a paralegal, but they are not allowed
to give legal advice.
There are important advantages to working with a
licensed attorney such as Michael:
- I spend hours each month keeping up on the
law in estate planning and in estate and gift
taxation. The rules in this area of law are
constantly changing. It can cost you thousands
of dollars in taxes, for example, if you get
something wrong.
- I am licensed by the state of California,
and I carry malpractice insurance, so you have
recourse if there is a problem. You really can’t
do much if a paralegal makes a mistake in your
tax planning which costs you thousands of
dollars.
- I will badger you to get the information I
need so that we can finalize your estate plan
and get it signed!
What do I get when I hire Michael to do an
estate plan?
For the typical married couple, for example, I
prepare a revocable trust, mutual wills, and mutual
durable powers of attorneys, and I assist in
completing advance health care directives. The most
important thing I provide is peace of mind. When you
have worked through the estate planning process with
me and have signed the documents, you will have
taken a huge step towards protecting your family.
BUSINESS LAW
How do you charge for your services?
When I am able, I like to charge a flat rate for
projects. My business clients appreciate knowing in
advance what a project will cost. They like to plan
ahead and don’t like surprises, especially bills
that are higher than estimated.
Unfortunately, I cannot always charge a flat rate
when we have to go to court. Getting involved in a
lawsuit means that you have to deal with other
parties whose actions you cannot control. Even in
court cases, however, I try to quote a flat rate for
specific projects whenever possible.
I charge $300 per hour when I bill “by the hour.”
What sorts of matters do you work on under the
category “business law?”
I regularly handle issues such as the formation
of companies (LLC's corporations, S corporations,
general partnerships, limited partnerships, sole
proprietorships), the negotiation of contracts, the
negotiation of sales of businesses, the hiring,
supervising and termination of employees, the
collection of debts, the enforcement of judgments.
But I consider “business law” to be helping business
owners solve their legal problems. Regardless of the
legal question involved, I will help you find a
solution. Many times I can answer a question based
on my 21 years of experience as a practicing
attorney; sometimes I might need to research a few
points before being able to answer a question
definitively. If the question requires the input of
a specialist in a particular field, I can help you
find the individual who can address your concerns in
an efficient manner and at a reasonable price.
The most important thing to remember is that I will
guide you so that you can make informed decisions
about your legal problem—such as whether to pursue a
court case or not, whether to settle a lawsuit or to
continue litigating, whether to set up an LLC or to
remain as a sole proprietor, whether to hire an
employee or to use an independent contractor,
whether to accept an offer for the purchase of your
business or to counter as a different price or with
different terms, and so forth. |
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