Estate Planning - Probate & Trust Administration

We advise and represent families for their estate planning and probate needs.  Because of the professionalism and the personal attention our attorneys provide, we take the time to get to know our clients, to understand their goals and wishes and to develop comprehensive, personalized plans. 

Turning Point Law’s attorneys help you plan for the future by focusing on the following areas:

• Probate
• Estate Planning
• Trust Administration
• Tax Planning

Probate:

Probate is the legal process that takes place after a person’s death to pass title to assets and to resolve any outstanding debts. The process is required for any estate with assets of $100,000 or more held in your name (not in a trust), regardless of whether a will exists. All assets in probate are subject to state-mandated attorney and personal representative fees, as well as court costs.

The person to be appointed as personal representative begins the probate process by meeting with a probate attorney. After getting the necessary information, the attorney files the appropriate documents with the probate court to have the personal representative appointed. A valid will dictates the disposition of the assets. In the absence of a valid will, California law determines a decedent’s heirs. Probate takes at least six months to complete because of notice requirements for heirs, beneficiaries, and creditors.  

In addition, probate cases become public information, entitling anyone access to private matters and potentially causing embarrassment or aggravation to your family.   Planning ahead to avoid probate may be the single most important act you can do to protect your heirs from this expensive, lengthy, and annoying process.

Estate Planning:

An estate plan is more than just your trust or will. It is a complete set of tools used to control what will happen to you and your assets when you are no longer able to make those decisions for yourself, including:

• Revocable living trusts
• Powers of attorney
• Wills
• Advanced health care directives
• HIPAA releases.

A quality estate plan will meet your needs today, implement tax planning strategies appropriate for your current situation, and set the foundation for future revisions as your family and financial situation change over the years.

Trust Administration:

A trust agreement sets forth your right to control your assets for as long as you are able.  It names the person that you want to control your assets should you become incapacitated or deceased.  This person is known as the successor trustee.

A properly structured revocable living trust can provide for the surviving spouse while protecting the interests of any children, particularly those from a prior marriage.  It also avoids probate and a conservatorship of your assets and can minimize estate taxes.  It should work in concert with all of your estate planning documents to minimize capital gains tax and other income taxes paid by the surviving spouse, children, or other beneficiaries.  An attorney plays an important role in trust administration.  The attorney helps the successor trustee carry out your wishes while protecting your successor trustee from personal liability.

Tax Planning:

Tax planning involves the arrangement of your affairs in a way to best reduce tax liability.  Our estate planning attorneys will ensure that your estate plan incorporates the simplest tax planning strategy possible to minimize the tax burden on your heirs and still comply with the relevant federal, state, and local laws.  An experienced estate attorney has up-to-date knowledge of the best ways to distribute your assets and can predict the impact those methods will have on estate tax, income tax, and capital gains tax liabilities.

Turning Point Law offers complete estate planning and probate representation. Contact us to arrange your consultation or appointment.

Call us at (415) 492-2041 or use our contact form.