Practice Areas

Civil Litigation

Estate Planning
Trust Administration

Special Needs Trust and Planning
Estate/Trust Litigation

Practice Areas: Services

Frequently Asked Questions

Elder Abuse

May involve failure by a caregiver or family member to meet the elder’s basic needs or to protect the elder from harm.
May include physical, mental, emotional or sexual harm, financial exploitation, neglect, abandonment, or isolation. Often, more than one form of abuse is present.
Usually involves mental/psychological abuse in addition to other forms of abuse.
May be used to achieve an outcome such as convincing the elder to give up assets (financial abuse).
May be committed by someone close to the elder or, for financial exploitation, by a stranger.

Probate

A Probate is a court proceeding where the assets of a deceased person are distributed to beneficiaries under the supervision of the local Probate Court. A Probate proceeding is necessary to transfer real estate and personal property of a deceased person who has either made a distribution plan using a Will or has died without a Will. Depending upon the nature of the assets, the number of beneficiaries, and the general condition of the estate, a Probate proceeding can take from 6 months to 3 years to complete. Statutory fees are paid to the Executor and the Executor’s attorney for their participation in the proceeding.

Trust Administration

Trust Administration is the task of carrying out the distribution instructions of a Trust upon the incapacity or death of a Trustor. It is performed by the person you select to be your successor Trustee. This person will have complete authority over and management of the Trust assets until they are finally distributed to your beneficiaries. For many people, administering a Trust is something they will only do once in a lifetime. I can assist to simplify trust administration as much as possible and minimize overall costs for a surviving spouse or successor trustee.

Conservatorship

In a conservatorship of a person, a court appointed person, the conservator, manages the personal care of the person who has legally been determined to be unable to properly care for his/her personal needs including medical care, food, clothing, or shelter. In a conservatorship of the estate, a court appointed conservator manages the financial affairs of a person who has been legally determined to be substantially unable to manage his/her own financial resources or to resist fraud or undue influence.

I am skilled in obtaining conservatorships, defending them or litigating them if appropriate.

Guardianship of an Elderly or Incapacitated Individual

Courts appoint guardians, or conservators, to protect the interests of elderly or incapacitated individuals. Because the creation of a guardianship may deprive an individual of some personal rights, certain steps must be taken before a guardian is appointed. An individual has a right to notice and representation by counsel before a guardianship proceeding. During the proceeding, the individual has the right to attend, confront witnesses and present evidence. If the court appoints a guardian, the guardian is encouraged to respect the ward's wishes and give the ward as much autonomy as possible. As above, guardianship of an elderly or incapacitated individual may entail guardianship of the person, guardianship of the estate, or both.

Guardianship of the person. Guardianship of the person requires the guardian to make decisions regarding the care and support of an elderly or incapacitated individual. The guardian may be required to consent to and monitor medical treatment, arrange professional services, monitor living conditions, and make end-of-life decisions and preparations. When making such decisions, the guardian is expected to consider the ward's wishes and desires, as well as their physical and financial needs. The guardianship will continue until the ward passes away, or until the court determines that the guardianship is no longer necessary.
Guardianship of the estate. Guardianship of the estate requires the guardian to assume responsibility for the ward's personal property. The guardian must take steps to preserve and protect assets, distribute income, and obtain appraisals of property. The guardian must keep the court continuously informed of the status of the estate. Like a personal guardianship, a financial guardianship continues until the ward dies or the court otherwise determines that the individual no longer requires a legal guardian.

Special Needs Planning

A special needs trust, also known as a "supplemental needs trust", is an estate planning tool that enables a person with a disability or functional needs to receive financial support without negatively affecting any means-tested government benefits they’re receiving like Medicaid or Supplemental Security Income (SSI).

I can assist families with disabled loved ones to set the provision of financial support through estate planning.

Estate Planning

Discussing and preparing an estate plan can be stressful and difficult. I can assist you to ensure your specific wishes are in place and will be legally enforceable.

Common Estate Planning Tools

Will: A person’s written declaration of how to distribute his/her property after his/her death. Without a Will validly executed, one’s assets will be distributed according to California law, which may include estranged relatives or the relatives of a spouse.

Trust: Revocable and irrevocable trusts are commonly used to transfer property on death without the cost and time of a probate proceeding. A trust is a contract which primarily determines how your property shall be managed during your incapacity and after your death.

Advance Health Care Directive: A document to make instructions about your own health care and also allows you to name an agent to make health care decisions if you are unable to do so for yourself. It also lets you express your wishes regarding organ donation and the disposition of your remains after death.

Powers of Attorney for Financial Management: A document by which one person, as principal, appoints another as his/her agent and confers upon the agent the authority to handle his/her personal financial affairs (non-trust). If the Powers of Attorney are “Durable,” they are effective upon the person signing the document. If the Powers of Attorney are “Springing,” then they are only effective upon the incapacity of the principal which usually must be proved by certifications from treating physicians.

Retirement Benefits: Resulting from the Pension Protection Act of 2006, alternatives are available to holders of IRAs, 401Ks, and other retirement benefits for distribution of these assets upon death. Individuals with substantial assets in these instruments can use beneficiary designations to direct distribution of these asset balances upon death and possibly further defer income tax liability.

Estate/Trust Litigation

I represent trustees, beneficiaries and executors in all types of trust and estate contests and lawsuits. I have litigated many cases to successful outcomes with the use of mediation and court intervention.

Practice Areas: FAQ