Practice Areas

Estate & Business Succession Planning
Trust Administration & Probate
Conservatorship
Business and Real Estate


Estate & Business Succession Planning

You estate plan may include the preparation of the following documents:

  1. Advanced Health Care Directive
  2. Durable Power of Attorney
  3. Will
  4. Trust  (various kinds)
  5. Funding Documents (Certification of Trust, Declaration of Personal Property, Trust Transfer Deeds, etc.)

The first two documents help to ensure you are taken care of while alive when the last two make sure your estate is properly managed and distributed. Also, in your Will you can nominate guardians for minor children.

A Trust allows the Settlor to provide instructions and hold control over assets while alive and after they have passed away.  This control is important in the case of blended families where there may be a potential conflict between the current spouse and children of a prior marriage.  Through a Special Needs Trust a parent may ensure their legacy is made available to their child when needed without disqalifying them from benefits they are entittled to receive. If the estate is large enough, there are various planning strategies which can help defer applicable estate taxes. 

 

 



Trust Administration & Probate

Both are processes by which assets of a decedent are managed. 

Probate involves an interested person petitioning the court for the authority to manage and distribute the decedent’s assets.  Such a process can be expensive, time consuming and complicated.  The process can be avoided only if the decedent passed away having created a trust.  There are also special rules if the estate is small enough. 

If a decedent passes away having established a trust, the process by which the assets are administered is referred to as a  trust administration.  The Trustee of the trust has to comply with the trust terms and with CA trust rules.  Although there are fees with this process they tend to be much less than those for a probate.  There are special rules to be aware of so if you discover that you have been designated as a trustee and you decide to accept the position please contact an attorney.



Conservatorship

There are three types of conservatorships, each one allows a third party control over the conservatee. The third party can have control over the conservatees person (medica, where they will live, etc.) and or over their estate. 

 



Business and Real Estate

Planning for the future can entail making sure minor children are provided for or provide that there will be someone to take charge of your medical needs when necessary. Planning can also include business planning which deals with current or future financial interest.  

To assist with your business planning issues the firm can assist with reviewing contracts and or confirmingg title to real property.  The following is a list of various services that the firm may be able to assist you with: business formation; selection of the type of entity, review of real estate leases and purchase agreements, ownership issues, lease or purchase of real estate.  Please do not hesitate to contact the office even though you the issue you are facing is not specifically listed.

 



Contact

Address : 1320 Solano Avenue, #203
Albany, CA 94706
Phone : (510) 525-8282
Fax : (510) 336-8282
Email : doris@dorisemitchell.com