Areas of Practice

Wills – Estate planning through a will may be preferred based on the size of one’s estate, the desired effect (typically, with long term care planning between spouses), and client preference.  It usually triggers a probate which is a court process to transfer assets to heirs or beneficiaries.  Wills tend to cost less to set up than other estate planning devices (like Trusts), but the fees to complete the probate process may be considerable because they are based on the fair market value of the estate’s assets.

Trusts – This estate planning device has three fundamental parts: 1) Trustee(s) who manage 2) assets on behalf of 3) beneficiaries.  The creator of the trust (Trustor) may also be the trust manager (Trustee) who typically transfers title to assets in the name of the trust for various reasons:  to avoid a probate, to reduce estate taxes, to provide post-death asset protection, etc.  Benefits of a trust also exist where the Trustor loses mental capacity because a successor Trustee usually takes over control without court involvement. 

Special Needs Planning – To provide for a loved one with special needs, a particular type of trust should be prepared with language that will not interfere with the loved one’s ability to continue to qualify for public benefits, like Medi-Cal and SSI.  A special needs trust (SNT) can hold a beneficiary’s inheritance and make distributions that supplement public benefits while avoiding disqualification and the potential State recovery after the beneficiary dies of the lifetime public benefits he or she received.  Different types of SNTs may be drafted depending on whose assets are involved.

Public Benefits Planning – Clients may need advice in planning for long term care.   Whether it is in-home supportive services, assisted living, a board and care, or skilled nursing, clients may access public benefits to help pay for this care.  This planning may involve transfers of assets from the prospective public benefits recipient to others (parents, siblings, children, etc.) in order to qualify.  Planning also must consider any potential lien against the client’s estate by the public benefits provider.

Planning for Minors – This type of planning involves nominating a guardian for minor children.  In the absence of this planning, a court would impose its “best interests of the child” standard when selecting a guardian.  But some clients may wish to designate a guardian nominee who more closely tracks the clients’ religious and moral beliefs, age, location, and lifestyle, and who has the desire and finances to take on such a commitment.  

Elder Law – This title is somewhat of a “catch-all” as it encompasses the legal issues facing seniors as well as the disabled of any age.   An Elder Law attorney typically advises clients in matters involving long term care planning and public benefits (Medi-Cal, SSI, Veterans, etc.), Special Needs Trusts, guardianship/conservatorship, estate and gift planning, various tax issues, etc.   While some attorneys may practice in any one particular area, an Elder Law attorney often has to consider all of these areas in planning for the client’s care or a client’s loved one.   

Medi-Cal Planning and Appeals – Without proper planning, clients facing a long term care situation may needlessly spend down assets that may otherwise remain intact and available for living expenses and other financial needs. Should an IRA be spent down?  Should a child’s name be put on the deed to the home?  What happens if both clients need long term care?  Clients who engage in proper planning may address these concerns and still qualify for Medi-Cal.  Even if Medi-Cal is initially denied, clients may benefit from an appeal which may increase the assets they can keep and still qualify for public benefits.  

Trust Administration – When a Trustor passes away, the Trustee (who may be the surviving Trustor in a married couple situation) has certain duties to perform. These duties are part of a process called “Trust Administration” which may involve, among other things, removing the deceased Trustor/Trustee from the title to assets, obtaining date-of-death asset valuations, and recording updated property deeds. Depending on the situation, statutory notices may need to be sent to interested parties, creditors of the deceased Trustor may have to be satisfied, and new federal tax identification numbers may need to be obtained—all before assets are distributed to Trust beneficiaries. Fortunately, this process is usually handled outside of court and is less expensive and quicker than a Probate Administration.

Probate Administration – When a person dies with assets and has only a will or no estate planning documents at all, the assets (depending on the dollar amount and type) may need to be inventoried and presented to the Probate court before they may be transferred to the decedent’s heirs or beneficiaries.  This court process of marshaling and distributing a decedent’s estate is known as “probate administration”, or simply probate.  The person appointed by the court to handle the probate is called an executor or a personal representative, and he/she may need to be bonded. This process of probate administration is typically time consuming and expensive.