Estate Planning and Probate
Orange County Estate Planning and Probate Attorney
Call 949-453-2100 to Speak to an Estate Planning and Probate Lawyer
Estate Planning involves very personal issues and requires individuals to plan for their deaths and to deal with difficult family matters. At the Law Offices of John J. Brandlin, Jr., we strive to be sensitive to those issues while providing legal advice to help our clients realize their wishes. We assist clients with the following:
Estate Planning
- General Estate Planning
You probably need a will, but every person is unique, and you may need more than just a will. Young people with young children need different things than middle-aged and older people need. We meet with you to learn your background and your needs and desires and make recommendations to help you meet your objectives. - Wills. Almost everyone needs a will
California law specifies who your property will go to in the event you do not have a will. That may or may not be satisfactory to you. When you write a will you can specify how your property is to be distributed. You can also make additional provisions, such as naming guardians for your children, funeral instructions, and naming the person who will be the executor of your will (the person who will go to court on your behalf if a probate is necessary). - Trusts (Including Special Needs Trusts)
You can achieve many objectives with a trust. Most people set up a revocable trust (often called a "living trust.") While you are alive, you can put property into a revocable trust, take it out, change the terms of the trust, even revoke the trust. Nothing becomes permanent until your death, so you have maximum flexibility with respect to the assets of the trust. Trusts can be very beneficial. You can avoid probate, saving your heirs significant costs and time. If you are married, you and your spouse can minimize the amount of the estate tax you will have to pay to leave your estate to your children or grandchildren. If one of your children or other beneficiaries is disabled or receives state benefits, you can set up a Special Needs Trust so that they can have additional comforts of life without losing their state benefits. You can set up a life insurance trust to provide money to pay estate taxes. You can set up a trust to ultimately benefit a charity while retaining current income. This is only a partial listing of what a trust can do for you. We will advise you and help you to see what objectives of yours can be met with the use of a trust. - Durable Powers of Attorney for Property Management
Illness or disability can strike suddenly, often when you are not prepared for it. A durable power of attorney can help by giving someone you trust the power to make financial decisions for you. You can provide that your durable power of attorney for property management does not come into effect until you are disabled. You can continue to manage your own affairs until then, and if you become disabled the person holding your power of attorney can step in and act for you. You can limit the extent to which your representative can act. We can help you understand what a power of attorney can accomplish. - Advance Health Care Directive
Advance Health Care Directives let you choose a person who will make medical decisions on your behalf in the event you are disabled. Many doctors and hospitals have California Medical Association forms for this purpose. If you need provisions in addition to what is covered in those forms, such as religious and funeral instructions, we can draft a tailor-made Advance Health Care Directive. - Trust Funding
It is unfortunately common for people to set up trusts and yet never put any property into the trust. Unless you actually transfer assets to the trust, the trust has no power over the property. Usually this is easy to do but is easy to overlook. When we prepare a trust we always transfer the family home and other real estate into the trust. Some clients prefer to transfer bank and brokerage accounts themselves, but, if you want, we can handle that as well. - Trust Administration
If you set up a trust while you are alive, no trust administration is required in the usual case. When one of or both of the people who set up the trust die, then certain steps have to be taken as required by law or by the terms of the trust itself. Even if we have not set up the trust for you, we can advise you as to what steps need to be taken and assist you in doing so. If you have extensive assets, or a complex trust, we can work together with your CPA to coordinate legal and tax issues. - Trust Distribution
Ultimately every trust must be distributed, and if you are the successor trustee you need to take steps to protect yourself from criticism. We can help you meet your statutory and trust obligations, even if we did not set up the trust. - Joint Tenant Termination
If you hold property as joint tenants with another person, at that person's death you should advise the county and file documents to show that you are the surviving joint tenant. We can help you prepare the documents and record them.
Probate Court Procedings
- Probate of Estates
If you are the child, heir, or executor of a person who died owning assets that were not in a trust, you probably will need to go through the court process called "probate." Probate is a court supervised process where the deceased person's assets are gathered together, debts are paid, and the estate is distributed to the deceased person's beneficiaries. This is often a time-consuming and complex process. We represent you in court and guide you through the process. - Conservatorship
If a person needs help in managing their personal or financial affairs and there is no alternative in effect, such as a trust or Durable Power of Attorney that would enable family members or others to act for the person, the court has a process called "Conservatorship" to enable personal and financial decisions to be made for the person. This covers everything from managing real estate, brokerage accounts and other assets, to providing a place for the person to live. It is a complex and, unfortunately, expensive process. We represent you in court to prepare the necessary court documents and accountings and advise you regarding the numerous issues that come up in conservatorship proceedings. - Guardianship
Guardianship is a court supervised proceeding for people under 18 years of age, whose parents have died or are unable or unwilling to care for them, that covers many of the same issues as conservatorship. We can represent you in court, prepare all necessary court documents, and advise you regarding any issues that develop.
Experienced, Effective Representation
Law Offices of John J. Brandlin, Jr.
Orange County Trusts Attorney
Southern California Estate Planning Lawyer
Responsive, Professional Legal Services
Law Offices of John J. Brandlin, Jr.
Orange County Estate Planning Attorney
Southern California Probate Lawyer
'AV Rated'
(highest rating) by
Martindale-Hubbell
Legal Directory
Over 30 years
Experience
State Bar
of California
American Bar
Association
Orange County
Bar Association
