Estate Planning

Estate planning includes things like wills, trusts, and similar legal instruments that control how an estate is administered after someone has passed, but it also covers the best ways to structure assets during life, and at Verbeck Law, we can also handle the complicated problems that can arise when an estate doesn’t work out as planned. The process by which the court administers estates is called Probate, and the point of most estate planning is to avoid probate as much as possible, because probate is incredibly slow and can also be very expensive for the estate concerned.

The basic preparation any estate needs is a Will. A will tells the relevant parties how you want your estate administered after you pass, and it can be surprisingly simple to draft. Each state has specific provisions, and of course there are issues like the tax burden for parties who inherit to consider, but broadly, both the probate court and the executor of your estate will be relieved to have a clear and concise set of directions as to how you want your estate administered. Click before for more information and prices.

Estates with significant assets, or complicated assets, should also consider a Trust. A trust is a legal creation that can hold property, and trusts are often used to exclude assets from probate, and to handle or delay tax implications on the transfer of real property. For example, we can help you create a trust that holds the family house, allowing that property to pass directly to an inheritor upon death, without the need of any probate administration. A trust is also a good vehicle for giving multiple relatives a share in a piece of property; particularly in California, a trust is a much better way to do this than a will. Read more about trusts and what we can offer your estate below.

Estates with very complicated assets will need more specific estate planning measures. Complicated assets include property already owned by multiple parties, assets held offshore or in foreign countries, or assets that are already contested. Verbeck Law can and has handled getting US legal documents recognized abroad, and getting courts here to recognize foreign documents, but the process is complicated and relies on international treaties, and will generally include legal work outside the scope of regular estate planning firms. Planning around already contested assets also often includes things like quiet title filings, or other real property litigation done before someone passes. For more information on our offerings for complicated estates, see our Complicated Estates page, here.

Last, we offer comprehensive services for parties who are involved in estate problems. Examples include contested wills, family law problems related to inheritances, and even planning or defense for criminal law charges that can result from estate planning issues. Many people don’t realize that common mistakes made by, for example, executors can and do sometimes result in serious felony charges, due to the way most states define crimes like ID fraud or the exploitation of seniors. If you are involved in a court case involving an estate, or expect you soon will be, please fill out our contact form for estate problems, here.

*If you were looking for help controlling who can make decisions about you if you’re medically incapacitated, or wanted help excluding biological family members from making medical decisions, please see our page on Advanced Directives and Proxies, here.