Estate Planning Process

• Janet is licensed in California. If you do not own real estate in California and/or live in California, then we may not be able to assist you. International estate planning issues may be an exception.
• Our office does not handle estate litigation.
• In most cases, we charge $75 for the initial consultation with Janet. If you choose to retain our office to handle your matter, that amount will be applied to your total fee.

• Answer preliminary questions to determine if we are the right office to handle your concerns.
• Set a date and time for your first appointment with Janet, or we’ll suggest other ways to proceed if necessary.

Complete our questionnaire, which asks for a high-level summary of your personal and financial information. Janet needs that information ahead of time in order to have a meaningful conversation about your goals. If you are unable to complete the questionnaire before your meeting with Janet, then the first part of your meeting will be reserved for you to provide the missing information.

In most cases, this meeting has a $75 fee, which will be applied to your total fee if you choose to retain our office.

Janet begins by gathering and assessing all the relevant details of the person’s life. Once she has learned the lay of the land, she works with her client to strategize the most effective and efficient way to carry out their wishes.

Rather than burying you in convoluted legalese, she breaks down complicated concepts into clear and simple language that is easy to digest and understand.
If desired, she can also connect you with a network of top-notch accountants, investment advisors, and financial planners that she has carefully curated over the years to assist with various financial needs.

Assuming we can assist you, we will schedule the estate plan design meeting.

Think through the complex decisions about choosing beneficiaries, guardians, and trustees.

• Each design meeting has a flat fee.
• We will create your estate plan to cover these (and other) questions:
• Who’s going to be in charge (of your money and your health care) when you can’t be (trustee)?
• Who’s going to get which of your assets?
• What if the beneficiaries you choose aren’t alive?
• Do you want to attach conditions to your bequests? Who will manage the assets in the meantime, and who will confirm that requirements have been met?
• Who will care for your minor children or disabled adult children? Who will care for their money?
• If you have a larger estate, we discuss strategies for eliminating or reducing estate taxes. We will also develop strategies to prevent the estate plan from being upset or contravened.

In most cases, we offer flat-rate billing so you know exactly what to expect. Rather than worrying about unexpected fees, you can focus on your estate plan.

• As soon as we have all the necessary information, we will determine the fee, which won’t change unless you change the estate plan.
• We will send you the fee agreement. After we receive the signed fee agreement, Janet will draft the plan.

Any missing details can be filled in via phone conversations or email.

• Approximately two weeks after we receive the signed fee agreement, we will have the signing meeting.
• We will review the drafts with you to make sure everything is correct. Simple changes can be made on the spot; otherwise, we may need a couple of days to make necessary changes.
• Once the documents are complete, you sign them and distribute copies to various people and places for safekeeping.

• For a period of 6 weeks after signing, we will make simple changes free of charge.
• We will get the deed for your residence recorded.
• It’s your responsibility to make sure your assets are titled in the name of your trust. We are available to help with trust administration if roadblocks arise.

It is natural for a person’s circumstances to change as the years go by, so it’s a normal part of the process to update your arrangements from time to time. Janet can arrange to follow up and check in with you at specified time periods to assess whether changes are needed and ensure the plan stays current throughout your lifetime. The review is free – you only pay for any changes you decide to make to your estate plan, and that fee is established before you proceed with the alterations.

Like all legal processes, the actions associated with probate have timelines that must be followed. That said, nothing needs to be done so quickly that you can’t take time to grieve.

• Janet is licensed in California. If the estate includes California assets, then we may be able to assist you.
• Our office does not handle probate litigation.
• Locate the estate planning documents, if possible. Learn who the executor is. If you are not the executor, then the executor will have to agree to retain our law office to handle probate.

• Answer preliminary questions to determine if we are the right office to handle the probate, or if another process — such as a Spousal Property Petition or a Small Estate Affidavit — would be a better option.
• Give you information about the fee structure for probate in California, which is set by law as a percentage of the value of the assets.
• Set a date and time for your first appointment with us, or we’ll suggest other ways to proceed if necessary.

Please collect the information requested in a questionnaire we will send you, including an overview of the assets, a list of surviving relatives, and the location of any assets outside of California. If you prefer not to complete the questionnaire ahead of time, the first meeting will have a fee payable in advance.

• Review the estate planning documents, list of assets, and the list of beneficiaries and surviving relatives.
• We will discuss potential hurdles that may arise during the probate process.

• We will send you the fee agreement and the petition for probate, which you will sign and return.
• We will file the petition for probate.

• Our law office will send the Notice of Probate Hearing and the Petition of Probate to beneficiaries, trustees, and all parties who are not named but who may have rights of inheritance.
• Creditors will also be notified.
• A court-appointed appraiser will appraise all the estate’s assets

• You will need to will open an estate account at a bank.
• Statements and assets that were in the deceased’s name will be liquidated and sold, if necessary. Proceeds obtained from the sale of property are kept in the estate account and are later distributed.
• All debts must be resolved prior to any distributions to the heirs. Note that life insurance policies and retirement savings are distributed to heirs despite the debts owed, as they transfer by beneficiary designation outside of the will and probate.
• You will need to prepare a final income tax return for the estate. If the estate is subject to estate tax, then you will also need to file an estate tax return.

• After the final inventory, we will formally ask the court to distribute all remaining assets according to the terms of the will or intestate succession.
• The petition for distribution shows all payments to creditors and proposed distributions to heirs and beneficiaries.

• You will make payments to heirs and beneficiaries based on the approved distribution proposal.
• Once all the heirs are paid, we will formally ask the court to discharge you from your duties as executor.

Like all legal processes, the actions associated with trust administration have timelines that must be followed. That said, nothing needs to be done so quickly that you can’t take time to grieve.

• Janet is licensed in California. If the trust estate includes California assets, then we may be able to assist you.
• Our office does not handle trust litigation.
• Locate the trust documents and other estate planning records, if possible. Learn who the trustee is, because only that person has the right to retain our law office to administer the trust.
• In most cases, we charge $75 for the initial consultation with Janet. If you choose to retain our office to handle your matter, that amount will be applied to your total fee.

• Ask preliminary questions to determine if we are the right office to handle the trust administration.
• Set a date and time for your first appointment with us, or we’ll suggest other ways to proceed if necessary.

Please collect the information requested in a questionnaire we will send you, asking for some details about the trust and the rest of the estate plan. If you prefer not to complete the questionnaire ahead of time, the first meeting will have a fee payable in advance.

• We will explain the general responsibilities of a trustee and the specific steps a trustee must take.
• We will give you information about which aspects of trust administration may present challenges.
• We will discuss whether you as trustee want to retain our law firm to formally assist you with trust administration. If you decide to proceed, we will discuss our fee.
• In most cases, this meeting has a $75 fee, which will be applied to your total fee if you choose to retain our office.

• If you decide to retain our office, we will send you the fee agreement, which you will sign and return. Then, we will assist with the trustee responsibilities.
• You will make a complete list of assets, obtain appraisals if necessary, and confirm that assets are titled in the name of the trust.
• We will send notices to beneficiaries.
• We will prepare the distribution plan.
• We will manage the distributions to beneficiaries, usually about 120 days after formal notification.