Santa Clara County is home to Silicon Valley and ranks as the most populous county in northern California. Residents of Santa Clara County know the value of long-term planning and preparing for the future. Loew Law Group, A Professional Law Corporation, helps clients build their legacies by providing estate planning and trust and probate legal services in Santa Clara County. From drafting wills and trusts to litigating estate and trust disputes, we handle these issues with a comprehensive approach.
Probate, Trust and Estate Planning in Santa Clara County
Santa Clara Estate Planning Attorney
We help people preserve their wealth for future generations, and we do so in a manner that addresses contingencies and protects what matters most.
The primary document of each estate plan we draft is a revocable living trust. This instrument, along with a last will and testament, directs how your assets and debts will be dealt with after your death. Revocable and irrevocable trusts may help avoid probate and minimize taxes. Our goal is to help pass on all you have worked for to your children, spouse, and family.
Clients often worry what will happen to them in the event they become incapacitated or otherwise unable to make decisions. Who will control and administer their healthcare? How will their mortgage and bills be paid? Who will run the family business and make sure employees get paid? Life doesn’t stop moving for our families, even after we’re gone, and we know you want to make sure these and other obligations are taken care of if you die or are incapacitated. A variety of useful tools are at your disposal, such as the advance medical directive, durable power of attorney, and revocable living trust.
In many cases, unexpected life events may cause you to suffer mental or physical limitations, and your loved ones will want to know what to do. A well-drafted estate plan can guide them through the process. Much of estate planning overlaps with elder law and long-term care issues. A conservatorship may also be needed, in some cases, to protect someone who cannot take care of themselves.
Trust And Estate Litigation
Our aim is to draft wills and trusts that adequately and clearly cover every issue. But no estate plan can absolutely guarantee that it will be immune to disputes and legal challenges.
Beneficiaries often feel unfairly cut out from their family’s wealth, or worry that a sibling or other relative has exerted undue influence over the testator or settlor. Trustees and executors sometimes find themselves accused of abusing their fiduciary duties. Heirs may witness financial mismanagement by those in charge of administering trusts and wills. These and other issues often lead to court action.
Whether you are alleging or defending against claims of misconduct concerning an estate or trust, we can handle any litigation involved. Many conflicts can be resolved via mediation, which helps avoid prolonged and expensive trials. No matter the trust or estate litigation matter, our goal is to diligently represent your interests and bring about a fair and expeditious resolution.
A trustee is responsible for managing a trust in the way that the settlor directed. In doing so, the trustee will need to deal with beneficiaries, creditors, and other third parties. We advise trustees on their fiduciary duties so they can properly administer the trust.
There are a number of tasks that trustees have to carry out, including property appraisals and inventories. Another major one is trust accounting, but it’s a duty that’s not always understood. The process is tightly regulated by the California Probate Code. Not knowing your responsibilities could open the door to litigation and delay closing the trust.
Loew Law Group is well-versed in the laws that govern trusts and trustees. We will carefully walk you through the administration and provide the assistance you need to finish it.
We’re taught to respect our elders, and yet so many people defraud older Americans. Financial elder abuse is a growing problem and takes many different forms. You may have a parent or grandparent who is being taken advantage of, or you may be an elderly adult who fears you are being abused. On the other hand, you may be taking care of an elderly relative and find yourself wrongly accused of elder abuse. In any of these cases, you’ll want to know what legal options you have. That’s where we come in.
Not everyone understands that elder abuse is more than simply stealing money or property. It may also involve telemarketing, internet, and other financial scams. Or it could mean manipulating someone to change their estate plan or transfer their assets against their wishes. Thieves, con artists, dishonest caregivers, and unscrupulous relatives are always looking for new ways to take what doesn’t belong to them.
At Loew Law Group, we don’t tolerate elder abuse. Although there are criminal penalties for financial and other forms of abuse, civil litigation may often be your only remedy to return misappropriated funds and property. If you have concerns about a relative being taken advantage of, or if you have been wrongfully accused, let us know.
Probate is a necessary part of settling many estates, and involves proving that a will is valid. Probate also applies to the estates of those who die intestate (meaning, they die without a will).
Depending on the size and nature of the estate, probate can take a significant amount of time. It can also be expensive, and it subjects an estate to the court process and to public disclosure. These and other features make probate undesirable for many clients. That’s why we discuss ways to avoid the process when advising our estate clients.
Where probate is necessary, we work with the executor or personal representative of the estate to handle their various obligations. That includes everything from filing the petition to validate the will through the final stage of distributing assets to heirs. There are many steps in the middle, which means many opportunities to make a mistake. Not all assets have to be subjected to probate, so we clarify the scope of the process and get to work.
Contact Our Santa Clara County Probate, Trust and Estate Planning, and Civil Litigation Attorney Today
Probate and trust and estate planning are complex. Anyone who creates a will or trust, administers or benefits from one can use the experience that Loew Law Group brings to the table. If you want to learn more about these and related topics, reach out to us today to schedule a consultation.