Our

Walnut Creek

Office

1255 Treat Blvd, Suite 300, Walnut Creek CA 94597

Location Info

Address
1255 Treat Blvd, Suite 300, Walnut Creek CA 94597
Phone Number
(925) 433-8718
Email Address
Book a consultation

Not the location you are looking for?

See all of our locations

Our

Walnut Creek

 Attorneys

Attorney Headshot

Vaishali Gupta

Estate Planning Attorney

Interview with

Vaishali Gupta

Why do you think estate planning is a valuable practice area?

Estate Planning provides peace of mind at three critical junctures in a person’s life: (1) when they are alive and well, (2) if they become incapacitated in any way, and (3) when they pass. As much as it would be great to predict the future, we can’t quite do that. What we can do, however, is plan for the inevitable. One thing that we all will face one day is the end of our lives. When that day comes, Estate Planning gives us the tools to make sure what we’ve worked hard for passes on to the right people. It also keeps life easy on our loved ones in those times when they are dealing with loss.

What’s unique about your state (legally), and why do you think it matters?

Every state has unique considerations when it comes to Estate Planning. Some of the things you’ll want to consider here in California are: (1) we are in a community property state, (2) Medi-Cal works differently than Medicaid in other states, (3) Estate Tax considerations, (4) Property Tax considerations such as Propositions 13 and 19, and (5) digital assets, to name a few.

What’s unique about clients in your area?

My clients are unique in that their estates are usually made up of a variety of assets. They need flexible and tailored planning for their real estate as well as their financial investments.

Why is Oath right for your clients?

Oath is right for my clients because we don’t just mass-produce legal documents and then leave clients out there to figure out the rest on their own. We are there for our clients if life or the law changes and their estate plan needs to be updated. Through our Financial Planning Team, we provide peace of mind that their financial accounts are growing the best they can without hidden fees. Through our Care by Oath team, we make sure our clients and their loved ones have adequate support from us at minimal cost.

What are the state-specific documents that you prepare for clients, and why?

I prepare a California-specific power of attorney document. I have come across clients with existing documents that are missing the California-specific language. My worry with a generic power of attorney document is that a bank here in California would be able to reject that document as it is not state-specific.

What do you estimate the longest possible probate is in your state?

The longest probate case in California history — and one of the longest anywhere — was the estate of Howard Hughes, the billionaire businessman, aviator, and film producer. Although Hughes died in 1976, his estate took over 34 years to fully settle, with some aspects dragging into the 2010s! Now, realistically, most probates don’t take nearly that long, wrapping up within a year or so if there are no conflicts or complications.

What story do you tell at your workshops?

At my workshop, I share stories about why both types of power of attorney are so important. I talk about a client who did not have a financial power of attorney and the hassle his family had to go through to get guardianship over him. I talk about Terry Schiavo and the importance of a medical power of attorney. I also talk through an example of an estate with and without Estate Planning, highlighting the potential predators that can come into the picture without a solid estate plan — i.e., creditors, remarriages, and nursing homes. Finally, I share a few personal stories about my own family. Estate Planning is such a personal area of law, and I think it’s a great way for my clients to get to know me as a person.

What’s the most impactful story you’ve had from one of your clients?

I had a client share with me how, when her mother passed, it really tore her family apart in more ways than they imagined. She and her siblings had always been close, but figuring out what to do with their mother’s estate unfortunately brought out a lot of emotions. She and her siblings no longer speak. This client has three children, and she wanted desperately to avoid a similar situation happening with them. Creating her estate plan was extremely important to her.

What are your three favorite communities that you visit on your travel schedule?

I really do love all my communities, but I get the kindest clients out of the Tracy area. Emeryville also brings us some great clients. Finally, Concord is a great area as well!

Have you ever had a client you couldn’t help because they reached out too late?

Unfortunately, yes. I had a client meet with me once his wife had already progressed too far into a disease that affected her mental functions. I was unable to plan for them the way I would have if they had come to me before this type of incapacity. It was very unfortunate, and this family had to go to guardianship court before any protections could be set up for the wife. The time and money they spent on that court process could have been saved if they had set up proper planning at the right time!

What do clients ask most at your workshops and how do you answer it?

Clients often want to know what happens if they pass away with no estate plan. I let them know that if they pass away with no estate plan, the State of California will be happy to provide one for them! It will just have things their loved ones will not be too happy about — probate fees, attorney’s fees, court costs, and other potential predators.

Our

Walnut Creek

 Team

Attorney Headshot

Mohana Hatami

Title Specialist

Attorney Headshot

Alajah Burns

Client Service Coordinator