Estate planning: wills, trusts, tax planning, advance directive, power of attorney, and probates
Elder law: guardianships and conservatorships
Business law: business formation, succession planning, and transactions
Litigation: elder abuse, will contests, homeowner associations, and general litigation

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This website provides general information and is not legal advice. We encourage you to consult with an attorney for specific legal advice.

Working with Us

Directions to our office
How much do you charge?
Can you speak to our group?

Estate Planning

If you are meeting us regarding estate planning, we encourage you to complete this Estate Planning Questionnaire and bring it to the initial consultation. If possible, please also bring copies of any estate planning documents you already have, such as wills, trusts, advance directives, and powers of attorney.

What is an estate plan?
How much does a simple will cost?
Should I have a will or a trust?
What’s the difference between an advance directive and a power of attorney?
Can you assist me in a real estate transaction?

Working with Us

Directions to our office? (back to top)
Please click here for a map and directions.

How much do you charge? (back to top)
We tailor our legal services to each client’s unique needs. We generally charge hourly, and can often provide an estimate for our work at or shortly after the initial meeting. Fixed fees or contingency fees are possible in appropriate cases. We encourage face-to-face meetings for the initial consultation. If you decide in the initial fifteen minutes of our consultation not to work with us, however, there is no charge. In all cases, we strive to be fair and reasonable in our legal fees.

Can you speak to our group? (back to top)
We welcome the opportunity to speak to your group about estate planning without charge. We can tailor our presentation to fit your group’s needs, schedule, and time. Please click here to request a speaking engagement.

Estate Planning

What is an estate plan? (back to top)
An estate plan is a comprehensive review of all your assets and a discussion of who should receive them at your death. Importantly, an estate plan also addresses how the beneficiaries of your estate will receive assets. For example, for tax and non-tax reasons, it may be appropriate to put a portion of one’s assets in trust rather than give the assets outright to a surviving spouse. While minor children can receive assets in a custodial account, most clients want to give children limited access to the property until the child reaches a certain age, or specify a distribution standards. An estate plan addresses all these concerns.

Property is held in a variety of forms: solely by one individual; jointly with right of survivorship; under contract with beneficiary designations; in retirement plans; or as community property. Not all property passes via will. An properly implemented estate plan coordinates these various forms of ownership to ensure all one’s assets pass to the desired beneficiaries in the desired manner.

An estate plan addresses many of these topics:

Identifying all assets;
Valuing these assets (some assets like closely held businesses require more work);
Analyzing potential death taxes;
Planning to minimize or avoid death taxes;
Evaluating the appropriateness of pay on death (POD) accounts;
Determining proper beneficiary designations;
Planning for incapacity (e.g., advance directive and, in appropriate cases, financial power of attorney).

How much does a simple will cost? (back to top)
A will is one part of a more comprehensive estate plan (discussed immediately above). The entire process -- from the initial interview, drafting the will, explaining its provisions, finalizing the document, and executing it – often takes at least six to seven hours. Of course, more time can be required to value different types of assets (e.g., closely held interests in businesses), address tax planning needs, and customize distribution provisions. Because each person’s situation is different, we generally charge hourly so we can adequately assess and prepare an estate plan to achieve your needs and goals.

Should I have a will or trust? (back to top)
Your assets, goals, and your own personal situation determine the appropriate estate plan, and therefore whether a will or trust is right for you. Wills and trusts are not the only instruments that determine how property passes at one’s death. You should also review if any property is titled in joint ownership with right of survivorship or controlled by a contract with beneficiary designations (e.g., life insurance, retirement plans). You should discuss your estate plan with an attorney to determine what types of documents and form of ownership are best for you. Below is some very general information about trusts and wills.

TRUSTS are strong, flexible instruments for effective estate planning in certain circumstances.

In a Revocable Living Trust, the persons who create the trust (often called grantor, settlor, or trustor) are often the initial trustees (the person designated to make all decisions related to the trust) and the initial beneficiaries (a person who will benefit from the trust).

Advantages:

Courts are not involved if the trust is properly drafted by the attorney and timely funded by the clients.
Privacy is ensured since the trust process is not subject to inspection by the public.
Strong instrument to care for elderly, infirmed and disabled family members.
Extremely flexible instrument - meaning there is much leeway in drafting trust provisions to allow continued gifting to family members and others, and the creation of other trusts for children and grandchildren.
Avoids the cost of probate if properly managed - meaning that all property is effectively transferred into the trust.
Effectively manages assets throughout the life of the person(s) creating it, whether or not such person(s) are elderly, infirm, or disabled.

Disadvantages:

Higher up-front costs in the drafting and funding (means placing property into the trust).
The possibility for legal and accounting fees due to preparation of tax returns and financial planning.
Complexity can lead to errors. For example, a person owns real property in her own name alone. Even if the person creates a trust, a probate is usually required if the person never puts the property into trust.
No court supervision.
Requires a trustee who can be trusted without supervision.

General considerations when a trust may be appropriate:

Elderly, infirmed or disabled person requires immediate care.
The person's estate consists of large and diverse assets.
The person owns property in various states.
For any person at any time if a trust estate is preferred regardless of the underlying reason.

WILLS ensure that the probate process will be followed. Probate is the process where the court ensures your assets are transferred to those that should receive them.

How does a Will work?

It passes your property according to your wishes.
A probate court supervises the transfer of assets.
The probate process is open to the public.
A Personal Representative (PR) is appointed by the court. The PR gathers and distributes assets. At a minimum, probate requires at least 4-6 months to complete.
Wills created in one state are valid in other states.

No Will?

With no will, state intestacy law determines the heirs who will receive your property. Generally, a the deceased person’s family and spouse are the heirs. For many people, intestacy is an acceptable method to determine who receives one’s property at death.
Problems occur when:
- Both parents die in a common accident.
- One or both parties in a marriage have been married previously.
- A decedent would not want property to pass according to intestacy law.

Disadvantages of wills:

Wills can be contested by "interested" persons (creditors, heirs, devisees).
Will Contests can be expensive.
The entire process is open to the public.

Advantages of wills:

A will with a valid Power of Attorney and Advance Directive can often effectively manage estates and plan for disabilities.

What’s the difference between an advance directive and a power of attorney? (back to top)
Both of these documents allow others to make decisions for you while you are alive.

An advance directive allows another (your health care representative) to make health care decisions for you when you are unable to do so. It can, if you wish, give your health care representative authority to make decisions about life support or tube feeding. Generally, it also gives your health care representative the same rights that you have to access your health care information.

A power of attorney allows another (“agent” or “attorney-in-fact”) to act for you with respect to your financial affairs. Unlike an advance directive, a power of attorney allows your attorney-in-fact to act on your behalf at any time, even if you are able to make your own financial decisions. It is often a “durable” power of attorney, meaning it remains effective if you are incapacitated. A power of attorney often gives the attorney-in-fact very broad powers. Although the attorney-in-fact must act on your behalf, these powers create a potential for financial abuse. One must have complete trust in his or her attorney-in-fact. A power of attorney is a valuable estate planning tool for many situations and in many cases avoids the need for a conservatorship.

Can you assist me in a real estate transaction? (back to top)

Yes. We routinely advise buyers and sellers on the sale and transfer of real estate as part of our estate planning, probate, and business practice.