An effective estate plan develops a comprehensive strategy for the future, protects your loved ones in the event of your death or incapacity, and allows for the person of your choosing to act on your behalf to make financial or medical decisions if you are unable to do so.
Our estate planning process is designed to understand your unique situation and goals and create a plan to pass your wealth, wisdom and values to your loved ones in the most efficient way possible. A typical estate plan would include a Revocable Living Trust, Last Will, Durable Power of Attorney and Advanced Directives for healthcare decisions.
Whether you are looking to create your estate plan for the first time or to update your existing plan, our planning process provides peace of mind that your wishes will be followed.
Special Needs Planning
A Special Needs Trust supplements the needs of a special needs child or loved one, while allowing the beneficiary to maintain his or her governmental benefits, including Supplemental Security Income (SSI), Social Security and Medicaid. With medical advancements, persons with disabilities are living longer and public benefits are often necessary, yet there is no guarantee that public benefits will provide adequate resources over the disabled person’s lifetime, or that existing public agencies will continue to provide acceptable services and advocacy over a disabled person’s lifetime.
When a Special Needs Trust is established and the disabled person does not have the legal right to demand trust assets, the trust is not considered a ‘countable resource’ for purposes of government benefits. Therefore, the special needs trust beneficiary can continue to receive benefits even though he or she is a trust beneficiary. The trust will give the trustee the discretion to make distributions to the beneficiary to the extent possible without reducing benefits, and trust assets are available if the beneficiary no longer qualifies for governmental assistance or that assistance is no longer available.
A Special Needs Trust helps you meet a disabled loved one’s needs and care now and in the future. Let us help you provide a personalized plan that cares for and protects your special needs loved one.
Estate Administration & Probate
Estate administration is the process of putting your estate plan into action. This process can be complex and the people you have designated must have competent and experienced counsel to guide them through the process. Trustees and executors have a fiduciary responsibility to act in your best interest. They must make important decisions – sometimes quickly – and they need help to make them wisely. They may need to prepare inventories of your property, prepare tax returns, or sign other important documents on your behalf. Ultimately, they must divide and distribute your property to those individuals or charities you identified in your will or trust agreement.
Probate is a court-supervised process for distributing the individually owned assets of a deceased person. Assets are distributed to beneficiaries in accordance to the instructions written in the person’s will. If your estate must proceed through probate, this will require filing documentation and following court procedures. This process can be lengthy, often taking a year or more to complete.
The estate administration process carries a lot of responsibilities. We can help guide your loved ones through the process as sensitively and completely as possible, and will try to make it as straightforward and efficient as possible.
Elder abuse is the physical, emotional or financial harm or neglect of our elders. Abuse can occur at the hands of the very people entrusted with the care of our loved ones, such as caregivers and nursing staff, or may even be caused by family members or trusted advisors.
As our loved ones age, they require additional care and love as it becomes difficult for them to protect themselves from those taking advantage of them. California Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that the state has a responsibility to protect these persons.
Noticing the signs of elder abuse is extremely important and can make a huge difference in a senior’s life. Stay alert, be vigilant and ask questions if you notice changes in your elderly loved one’s personality or behavior. We know how to handle elder abuse and are here to help protect and care for your elderly loved ones, such as obtaining restraining orders, setting up estate plans with trusted individuals to care for them, or setting up a conservatorship.
23232 Peralta Drive, Ste. 115
Laguna Hills, CA 92653
647 Camino de los Mares, Ste. 225
San Clemente, CA 92673