Estate Planning Attorney
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.
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.
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.
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.
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.
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.
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.
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.
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!
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!
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.
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