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Estate Planning
Our estate planning practice
employs a broad variety of vehicles to assist our clients in settling their
estate in the most cost effective and efficient manner. This includes not
only wills, but every kind of trust, both revocable and irrevocable. Our
clients are increasingly looking to trusts to avoid the burden of probate costs
on their
family and to achieve maximum tax savings. We prepare trusts for our clients
ranging from the most simple of plans to the most complex. This includes family
trusts with multiple sub trusts for maximum protection of the estate from taxes. Other plans, including irrevocable trusts, life insurance trusts, and family
limited partnerships, are also available.
In addition to addressing
the disposition of property, our clients should plan for their own possible incapacity. This includes the preparation of powers of attorney, as well as healthcare and
personal care directives.
Overall, every effort is
made to carry out our clients' intentions as completely and efficiently as
possible, and with the least reliance upon the courts.
Probate and Trust Administration
Our firm has an extensive
Probate and Trust Administration practice, managed by Stevan N. Luzaich and
Edward A. Daniels. With respect to probate matters, we practice before the
courts of all Bay Area counties. We represent not only executors and personal
representatives in their administration of probate estates, but also heirs and
beneficiaries with respect to their rights to the estate. We prepare all
necessary estate tax returns required for an estate. The practice frequently
involves the further litigation of matters before the probate court. This may
include representing the estate in its pursuit of the decedent’s property
rights, or defending the estate against claims of creditors or beneficiaries. It
also involves contesting questionable estate documents or otherwise pursuing a
beneficiary’s right to an interest in the estate. Overall, we handle all aspects
of a probate proceeding from beginning to end, regardless of its complexity.
Trust Administration takes
place outside the jurisdiction of the court, but can be no less complex. We
assist the client with all issues that arise during this process, including the
transfer of title, allocation of assets into tax exempt sub-trusts, preparation
of estate tax returns, and any litigation that might arise with respect to
rights to the trust estate. As more and more of our clients execute trusts,
these matters become increasingly important.
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