Services
I listen carefully to my clients’ goals for their loved ones and draft estate planning documents that articulate those goals in a highly personalized manner. I have substantial experience on issues affecting families with minor children, single persons, same-sex couples, blended families, the elderly, and women. If my clients are business owners, I counsel them on how to facilitate a smooth transition of the business’s value to its eventual successors and beneficiaries. In cases where a disabled loved one will be a client’s beneficiary, I advise on the efficacy of a special needs trust to preserve public benefits.
When death occurs, I am there to take families through the court process if there is need for a probate, or to help them with trust administration if a trust has been established. An executor or a trustee must comply with all of the law’s requirements as the representative of the deceased. I help the executor/trustee understand his or her fiduciary rights and duties and meet all practical obligations to the beneficiaries, creditors, and to the local, state and federal governments.
Finally, I use my counseling skills to foster cohesiveness in families as important decisions are made, to open the dialog that will mitigate any discord among loved ones. What is the relationship among the beneficiaries? Is there some decision that may be misunderstood by a loved one? Answering these and other important questions may make all the difference in promoting a smooth, peaceful estate administration during incapacity and after death.
Getting started is easy. Just call Attorney del Valle at 415-259-9129, or send her an e-mail. (Please do not include time-sensitive or confidential information in your message.)
Estate Planning
Although many people think estate planning is just for the wealthy, often those with more modest estates have the most to gain from careful planning. In essence, estate planning is a “protection policy” for yourself and your loved ones that can offer:
Protection from having decisions made for you with no knowledge of your wishes if you become incapacitated.
Protection for your minor children so they will be raised in the way that you dictate.
Protection from the chaos, grief, and expense that can occur if your affairs are in disorder.
Protection for any loved one in your care, such as a special needs child or an elderly parent, who may continue to need help when you are not available.
Protection from avoidable hefty taxes and administrative costs that can drain your assets and leave less for your care and for loved ones.
Protection from unnecessary and expensive court proceedings.
By planning ahead you get to make the crucial decisions, not a court who knows little about you and your wishes. Here are the basic building blocks of a typical estate plan:
Will: allows you to determine who gets your assets and who your executor will be; guardianship nominations are also usually included in one’s will.
Permanent Guardianship Nominations for Minor Children: allow you to decide who will raise your children if you die or become incapacitated, and on what terms.
Revocable Living Trust: allows you to avoid expensive probate fees, a public administration of your estate for all to see, and potentially greater delay in administering your estate; also makes it possible to provide great detail about how your assets should be distributed. This is particularly important where there are minor children or other beneficiaries with special challenges.
Special Needs Trust: allows you to pass on an inheritance to a loved one with a disability without jeopardizing his or her eligibility for public benefits.
Trust Funding Documents Such as Deeds and Assignments: make it possible for assets to be administered through protection of the trust.
Power of Attorney for Finances: gives a trusted person you choose the power to manage your finances if and when you become incapacitated – or now, if you so desire. Without this document, if you become incapacitated, an expensive and prolonged court proceeding called a conservatorship will have to be initiated and your affairs and medical condition will become a matter of public record.
Advance Health Care Directive: gives your chosen agent the right to make end-of-life health care decisions for you and any other health care decisions that may become necessary, such as hiring caregivers, overseeing your living circumstances, and making sure you are safe and secure. This document also allows you to spell out your wishes on all of these matters so there is no confusion about how you wish to be treated.
HIPPA Authorization: gives medical professionals the legal right to disclose your confidential medical information to your chosen agents so they can make informed decisions on your behalf.
Beneficiary Designations: allow you to pass on assets that perhaps should not be included in a trust, such as retirement benefits.
More advanced planning may entail the drafting of special needs trusts, pet trusts, charitable trusts, life insurance trusts, and other strategies that your particular situation may dictate.
Probate, Trust Administration, and Non-Probate Transfers
When a loved one dies, a number of legal formalities must be observed to properly administer the estate. The loved one’s assets must be inventoried, certain notices required by law must be sent, creditor claims have to be processed, federal and state taxes must be paid—and all in the order and on the timeline required by the law. The remaining assets must then be distributed according to the terms of the will, trust, beneficiary designations, or if none of these exist, by the terms of “intestate succession”– the law’s best guess as to who should receive what.
In summary, the administration will occur through a probate, a trust administration, or the nonprobate transfer of assets, depending on the circumstances. If you are the person administering the estate, I can help you to navigate the process in an orderly and compassionate manner without the stress of wondering if you are doing the right thing. Thus, you will rightly honor the trust that has been placed in you, and avoid liability.
Important Non-Legal Documents
When planning an estate, I urge my clients to write a “legacy statement” to accompany the legal documents—explaining their wishes for the beneficiaries, the rationale for their estate planning decisions, and any other thoughts and feelings they wish to convey. This is particularly important for families with minor children in order to leave detailed guidance to a potential guardian or trustee, guidance that children will be aware of as coming directly from beloved parents. A simple gesture like this can go a long way in avoiding discord between beneficiaries and the chosen trustee, and among the beneficiaries themselves, providing a means to leave a legacy of harmony and good will to those you love.
Home Visits Available
In the interest of accommodating the busy schedules of working families (and the difficulty that elders may have in visiting my law office), I also make home visits at a nominal cost.
Speaking Engagements
I speak to parents’ groups, businesses, elder groups, YMCAs, women’s groups, churches, and at “tea circles” on the crucial topics of estate planning. I believe strongly that clients need to be well-informed about the issues that legally concern them, and my goal is to help people become more savvy consumers of legal services. If you would like to schedule a speaking engagement for your group on a particular topic, or would like more information, please contact me at 415-259-9129 or by e-mail at advlaw@comcast.net.
“She took the fear out of the probate process.”
—Janet M., Albany, CA