Estate Planning Attorney
We see people work hard all their lives to be able to live comfortably, but then those same people don’t have a plan for what will happen if they become incapacitated or deceased. Estate planning gives you peace of mind that everything you’ve worked hard for will be protected and distributed to the people you want.
California has complex property tax laws, so having an attorney to help navigate these laws can make things a lot simpler, especially when leaving property to your heirs.
Californians are just like everybody else, but we have seen our property values skyrocket over the decades. Protecting the equity in your house—especially from things like probate—can give you and your loved ones peace of mind that everything is taken care of.
Oath provides a caliber of customer service and understanding that outmatches other attorneys. I have heard too many clients say that their previous attorney didn’t explain things well enough or didn’t listen to their concerns. Oath takes the time to not only make sure that everything gets done, but you also can relax knowing that it was done right.
Most often, we prepare a Revocable Living Trust, Pour-Over Will, and Certificate of Trust. For documents specific to California, we typically use a Uniform Statutory Durable Power of Attorney and the Advance Health Care Directive as outlined in the California Probate Code. Completing these documents gives you and your loved ones a clear understanding of your plan and makes administration of your estate easier.
I have met several people who have told me that their relative’s estate was in probate for 4+ years, but I have heard through the grapevine of even longer probate processes here in California.
We tell many stories to highlight the importance of getting your estate plan done. Most of the stories describe an individual who did not get their planning done, and their family and loved ones had to either go to court or pay lots of money just to resolve the issue. Many people assume that putting beneficiaries on their account is enough to ensure the assets go to who they want, but there are other pitfalls besides probate that many people forget about, such as divorce, lawsuits, or creditor claims.
Many children of my clients contact me after their parents have passed and express their gratitude for getting things done earlier. They understand that while administering their parent’s estate can be overwhelming, they are glad that they do not have to deal with probate and other stressors that would complicate matters even more.
My three favorite communities I travel to are Imperial Beach, Alpine, and Menifee. I like Imperial Beach because it has a laid-back beach vibe, and it’s very close to Mexico. Fallbrook has a quiet, western small-town feeling. And Menifee is a suburban, up-and-coming development with lots of new restaurants and shops. Each has its own personality, and I love to explore all the communities that I visit.
I once had a mother and son meet with me because the father had passed away, and the property and assets were all titled under the father's name. The mother asked if we could set up a trust to help the property avoid probate, but I had to tell them that unfortunately, because the father had already passed, we could no longer transfer the assets to a trust, and they would have to begin probating the father’s estate to transfer the assets. That was a difficult meeting to have.
Most of my clients ask about inheritance taxes in California. Luckily, there are very few states that have an inheritance tax, and California is not one of them.
I also get asked about how my clients' children can maintain their Prop 13 property tax assessment, but the answer to that is complex and depends on a lot of different factors, such as the residence status of the property and whether the child intends to reside in the property after inheriting it.