Wills and trusts
Estate plans that work when they are needed, and litigation when a plan is being abused.
What we handle
Most California families with a home should have a living trust, because a will alone does not keep an estate out of probate. We draft plans that match the family, and we step in when a trustee or a relative does not follow one.
Revocable living trusts
The core document for most plans. Assets held in the trust pass to your beneficiaries without a probate case, privately and usually within months rather than years.
Wills
Standalone wills for smaller estates and pour-over wills that back up a trust. A will is also where parents of minor children name a guardian.
Powers of attorney
A durable power of attorney lets someone you choose handle your finances if you cannot. Without one, your family may need a court conservatorship to pay your bills.
Advance health care directives
Your medical wishes and the person who speaks for you, in a form hospitals recognize.
Trust administration
Guidance for trustees after a death: notices to beneficiaries, inventories, accountings, tax questions, and distributions done correctly so the trustee is not sued later.
Will and trust disputes
Contests based on undue influence, lack of capacity, or fraud; petitions to remove or surcharge a trustee; and claims that a deed or beneficiary change was procured improperly.
Building a plan
A complete plan usually takes two meetings and a signing. Here is the sequence.
Planning meeting
We go over your family, your assets, who should receive what, and who should be in charge. We flag the issues people miss: blended families, a child with special needs, property in another state, a business.
Drafting and review
You receive drafts of every document with a plain-language summary. We revise until the plan says what you want it to say.
Signing
Documents are signed, witnessed, and notarized as California law requires, in one appointment.
Funding the trust
A trust only controls assets that are titled in it. We prepare the deed for your home and give you a checklist for accounts and beneficiary designations, then confirm it is done.
Common questions
Do I need a trust if I have a will?
If you own a home in California, usually yes. A will has to go through probate, which is public, takes a year or more, and has statutory fees based on the gross value of the estate. A funded trust avoids all of that.
What happens if I die without any plan?
California's intestacy statutes decide who inherits, and the probate court supervises the process. For a married person with children from another relationship, the result is often not what they would have chosen.
Can a trust be challenged?
Yes, on grounds such as lack of capacity, undue influence, or fraud. Properly drafted and executed documents, with a lawyer who met the client alone, are much harder to attack.
I am a trustee and the beneficiaries are angry. What do I do?
Get advice before you distribute anything. Trustees have duties to account, to inform, and to act impartially, and they can be held personally liable for mistakes. Most trustee problems are fixable early.
Talk to an attorney about your case.
Call the office or send a message and tell us what is going on.