Do I Need to Hire an Estate Law Attorney?
San Jose and Danville Estate Law Attorney Offers Experience in Central California
It is never too early to plan for your future. Lifestyle, financial and care challenges continually increase the longer you live. Additionally, the wide range of issues that fall under probate, estate and elder law require a comprehensive skillset. In a time when people are living healthier, longer, and more rewarding lives, basic estate planning is more important than ever. These estate concerns may become interrelated among your immediate and extended family. Furthermore, the longer you wait, the harder the process. Talking to an experienced San Jose estate law attorney can bring you stability, safety and security.
At Temmerman, Cilley & Kohlmann, LLP, we understand the multitude of issues that affect people aging and their families. Our law firm can help you designate guardians, plan power of attorney and administer with estates of all sizes. From young adults to the elderly who need help with nursing home concerns, we can help with your estate. Proudly serving Silicon Valley and Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco and other counties.
When Do I Need an Estate Law Attorney?
We provide a range of services to meet both long-term and short-term goals, from basic estate planning to complex transfers. Additionally, we can identify ways to improve your existing estate plan by modification. Our practice covers estate planning, trusts, revocable living trusts, administration, dispute resolution, and more. Services our firm can help you with include:
- Probate Administration: Our probate attorneys guide personal representatives through each step of the probate process. From preparation of legal documents and advising on tax issues to gathering and distributing assets and resolving disputes.
- Trust, Estate, and Probate Litigation: An estate law attorney from our San Jose law firm can provide step-by-step guidance to trustees throughout the administration process. This includes estate disputes, will and trust contests, breach of fiduciary duty by a trustee, conservatorship disputes, and other estate disputes.
- Elder law: We handle a broad range of elder law matters, including Medi-Cal planning and avoiding and establishing conservatorships. We can help you if someone you love is incapacitated and combating financial elder abuse
- Conservatorship and Guardianship: Through powers of attorney and advance health care directives, we can help your family establish conservatorships for incapacitated adults. We also help establish guardianships for minors and prepare prenuptial and postnuptial agreements.
- Mediation and Arbitration: Parties can resolve trust and estate-related disputes through forms of alternative dispute resolution. This involves mediation, arbitration, judges pro tem, and serving as court-appointed referees.
- Beneficiary Representation: We protect the value of your interest as a beneficiary in a trust or an estate, monitor the fiduciary’s estate administration, and provide beneficiary services for retirement accounts.
- Property Tax: Our attorneys consider California property tax issues to avoid or minimize increase in assessed value. Additionally, with a team of certified public accountants, we can advise you on gift tax and estate tax matters.
How Do I Determine if my Estate is at Risk?
You work hard to acquire your property and money. With the right legal help, you can mitigate unfavorable risks to those assets. Still, not every risk can be identified without knowing the details of your family through your point of view. However, there are some issues to consider that can help determine if your assets are at risk. If you do not have an asset protection plan, then one of our California estate law lawyers can help. Some factors that may help determine if your assets are at risk include:
- Estate Tax: The larger your estate, the more estate tax you leave behind. Our law firm can identify what options may be available to allow you pass along your assets, tax free.
- Powers of Attorney: If you become unable to manage your assets, then your wealth could be lost. By giving someone else power of attorney or creating a living trust, you can protect yourself. If you do not have a plan in case for your incapacitation, then the courts could gain control of your assets and mismanage them.
- Business Ownership: If you own a business, then you have additional risks. Someone may sue your company or other factors could contribute to your business carrying too much debt. Drafting a business succession plan can efficiently and swiftly transfer company ownership so your operations are not interrupted.
- Long-Term Care Planning: Paying for long-term care out-of-pocket may be out of reach for most people. Furthermore, 70 percent of people who reach age 65 will require nursing home care according to the Wall Street Journal. Unfortunately, nursing home care is not always covered by Medicare or supplemental policies. Our law firm can help you draft protections with a policy you can afford.
Preparing Your Estate? Call Our California Estate Law Attorney
Questions about preparing for your family’s future? Feeling overwhelmed with elder, probate and estate law? Whether for yourself or someone you care for, you will need an estate law attorney at some point. Do not gamble with your future by hiring an inexperienced lawyer. Hire a passionate San Jose estate law attorney who will make you confident about your family’s wellbeing. Our law firm has the qualifications to make you feel confident about your estate.
Our attorneys include Fellows of the American College of Trust and Estate Counsel (ACTEC). This nonprofit organization comprised of the nation’s premier trust and estate counselors. Our attorneys are AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®; and Certified Specialists in Estate Planning, Trust and Probate Law. Our estate planning attorneys have served on both national and California attorney bar associations and estate planning organizations. We represent clients and serve as experts in cases involving estate planning and probate issues before state and federal courts. Call us today at 408-998-9500; otherwise, contact us through our online form.