• Wills and Trusts Litigation
Contesting a will or trust in the estate of a loved one is not an
ideal situation. It is, however, often necessary. Many situations arise
causing family and beneficiaries to question estate distribution or
estate administration. In some instances, one child may be completely
ignored in a will, with no reason given. In others, disputes may arise
after a will goes into probate, including disputed questions of asset
distribution. For example, one common complication occurs when a parent
needs assistance running errands and paying bills and decides to add a
child’s name to their bank account. The intention is generally for
assistance only during his/her lifetime, not to leave the account to
only one child.
Litigation may also arise with regard to fiduciary duties of
executors, administrators, and trustees. A fiduciary may misappropriate
trust funds, an administrator may “misplace” estate property or funds,
or conceal or mislead beneficiaries regarding the amount and condition
of the trust or estate. Please contact us now for your fee initial consultation regarding your matter.
• Conservatorship, Guardianship & Incapacity Planning
A living person with diminished mental capacity may require the
appointment of a representative to assist with their finances and
personal care. Diminished mental capacity may result from aging, injury
or disease.
To anticipate the need for assistance, a person may designate an agent under a Durable Power of Attorney for Health Care.
To be valid, however, the party making the power of attorney must have
capacity. Often, the need for a representative is determined after
capacity is already diminished.
A Conservatorship
is a court proceeding designed to protect an individual who can no
longer protect him or herself due to advanced age or trauma. If the
court determines that the party to be protected is substantially unable
to provide for their personal care or to manage their finances, the
court appoints a conservator to act as the representative for the
protected party, the conservatee. The conservator is charged with the
responsibility of overseeing the personal and medical care of the
conservatee and is authorized to transact business on behalf of the
conservatee. The Conservator is required to file annual accountings and
reports.
I help the loved ones of incapacitated individuals with
the process of obtaining court authority and with the ongoing
procedures required by the Probate Code and local rules. I also serve
on the Sacramento County Superior Court Probate Volunteer Panel as
court appointed counsel for conservatees.
• Trust Administration
When a person dies with an estate plan based on a Living Trust, the
trust must be administered. The Trustee of the trust must collect what
is owed to the decedent, pay the decedent's bills, safeguard the
decedent's assets until they are distributed to the decedent's
beneficiaries, and file appropriate income and estate tax returns for
the decedent and his or her estate.
Trust administration is a complex, confusing area of the law, one in
which some attorneys lack the skill to practice. My Office will not only
draft trusts, but immediately help you fund the trusts with assets such
as real property, stocks, bonds and other types of personal property.
We will assist trustees to manage trust property throughout the life of
the trust.
After the death of the first spouse, our office will help you with the
next phase of trust administration - dissolving the original trust and
creating two or three trusts in which to transfer property. Determining
whether to create an A, B or C trust, or a spousal, bypass or marital
trust (commonly a QTIP trust) is complex, requiring the assistance of
an attorney experienced in trust administration. Our firm - with the
assistance of appraisers and tax consultants - will advise you about
what trusts to create and what property to transfer into them. We will
help you deal with any income tax or accounting issues that may arise
related to these newly created trusts.
When the second spouse passes away, we will help the new trustee
interpret trust documents, understand his or her duties as a trustee
and ensure that the trust is managed and dissolved correctly. Our
skills will guide you from creating the initial trust until dissolving
the final trust.
• Business Formation
We can assist you with planning and forming the right entity to meet
your goals. I will work with you to
determine your goals and understand your objectives, as well as take
the time to explain the benefits of forming various small or large
entities, including the following:
- C-corporation
- S-corporation
- Limited liability company (LLC)
- Partnership
- Limited liability partnership (LLP)
- Professional corporation (PC)
- Sole proprietorship
We
provide experienced and attentive service to clients who own and
operate small businesses. We understand how to deal with new business
start-ups, including licensing, buy/sell agreements, service contracts,
and litigation matters. We put a small business owner's needs first and
the attorney will work directly with you on all important legal issues.
In
addition, if you are contemplating acquiring a business, we can assist
you in determining if you should consider an asset purchase or stock
purchase. We prepare all legal documentation and can assist with the
following:
- Buy-Sell agreements
- Shareholder agreements
- Severance agreements
- Non-compete and non-disclosure agreements
Forming
a business of any size can raise a dizzying array of legal issues and
questions. For skilled representation and sound legal advice regarding
your business organization or acquisition, please contact us
to schedule a confidential consultation. Don't be penny wise and pound
foolish. A little money spent today could save you much more in the
future.
Asset Protection -- Understanding how to Protect Your Company
How a company is formed will determine what kind of taxes it is
subject to, as well as the rate at which it will be taxed. Under the
United States tax code, a business can deduct certain start-up costs,
operating costs, and other expenses from its federal income tax.
Understanding how to take advantages of allowances within the law when
you start your business can have a long lasting financial impact. Our
attorneys discuss the options available to you, explaining how other
costs can be deducted and what can be done on the investment side to
further decrease your tax liability.