California Estate Planning Attorney
Law Office of Janet L. Brewer
SERVING FAMILIES & INDIVIDUALS IN LOS ALTOS, PALO ALTO, SUNNYVALE, MOUNTAIN VIEW, CA AND THE SURROUNDING AREAS
A sound plan for lasting peace of mind.
Your estate plan specifies the ultimate disposition of all of your property, including your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and all of your other property in the event of your disability or death.
A thorough estate plan also includes explicit instructions regarding your medical care. If you were ever unable to direct your own medical care (for example, if you were in a coma), a representative you selected in advance would do that for you, in accordance with your stated instructions.
"Working with Janet has been a breath of fresh air. I inherently trust my clients with her and I'm consistently impressed by her thorough/clean explanation of legal jargon as well as her responsiveness to my client's needs. she exemplifies the level of service I am looking for in a referral partner. Thank you"
- David W.
Comprehensive Estate Planning & Probate Services
- Providing professional advice on living trusts & wills, irrevocable life insurance trusts, charitable planning, and international estate planning.
- Probate & estate administration.
- Establishing family limited partnerships and limited liability companies.
- Minimizing estate taxes & preparing estate tax returns.
- Minimizing gift taxes & preparing gift tax returns.
- Preparing a full range of estate planning documents, including Wills, Revocable Living Trusts, Life Insurance Trusts, Children’s Trusts, Generation-Skipping Trusts, Qualified Personal Residence Trusts, Charitable Trusts, Medical Powers of Attorney & Living Wills.
- Preparing financial powers of attorney & other financial arrangement.
My wife and I needed a revision of our will and estate plan so we consulted Janet Brewer, who was highly recommended by our real estate attorney. Our trust plan was seriously outdated and required a complete re-write. It turned out that our trust and estate plan had some interesting wrinkles that needed some careful ironing out! Highly recommended!
- Steve B.
Advanced Estate Planning for individuals and families and California
Many individuals mistakenly believe that estate planning is merely preparing a will, but the reality is that estate planning also includes several other documents. In addition to a will, individuals should also have:
A Living Trust
Used in conjunction with a will, this document outlines the legal agreement in which the trustee (you, initially) owns property that is ultimately transferred to the beneficiaries
An Advance Health Care Directive sometimes called a “Living Will”
This document appoints someone under a power of attorney to provide specific direction about any potential health care decisions that may be necessary.
A Durable Power of Attorney
This document grants another individual authority over your assets and financial accounts in the event that you are unable to make financial decisions for yourself.
Probate is the legal process through which the deceased person’s assets are distributed according to their will or applicable law. If a living trust is in place or if the assets are held in a payable-upon-death account with a named beneficiary or if the assets are worth less than $150,000 in value, probate is not needed. The probate process should be avoided when possible, because it involves excessive time delays and loss of control in administering the assets. It is also a confusing process for many, with extensive paperwork requirements. When probate is necessary, securing expert legal guidance is the best way to simplify and streamline the process for all involved parties.
Planning and protection for everything you own and everyone you love
The Benefits of a Using a Legal Team to Create an Estate Plan in California
Due to the expense of creating an estate plan, many individuals attempt to complete one on their own or forego the process entirely. But the reality is that professional legal services can help you to successfully navigate the estate planning process in a way that maximizes your benefits and simplifies the process for your loved ones. There are several specific advantages to utilizing professional services:
- Minimize taxes
Estate planning legal services can structure your property transfers in a way that minimizes the estate and gift taxes that must be paid, ensuring that your loved ones receive more of your assets. - Preparing tax returns
Professional legal guidance can assist with the confusing process of preparing the applicable estate tax returns and gift tax returns. - Probate and estate administration
Probate can be an added challenge during an already difficult time. Ensuring that experts are available to assist with this process eases the burden for your loved ones. - Establish family limited partnerships and limited liability companies
Establishing a family LP or LLC can help you to control and protect your assets during your life, but it can also ensure that your family retains all of the assets while reducing the amount of taxes owed. - Preparing financial powers of attorney and other financial arrangements
These financial preparations are necessary to truly protect your assets and your family, and when working with professionals, you can be assured that a lengthy probate process is not required.
Janet's entire practice is devoted to helping me and my family achieve my estate planning goals.
- PK
Why you need an Estate Plan in Advance
Preparing an estate plan is crucial for everyone, even if you are young and healthy. It’s impossible to predict the future, but leaving unanswered questions for your loved ones to deal with places an additional burden on them during a very emotionally draining period. Preparing your estate plan in advance allows you to avoid probate, which can be a straightforward process in some cases, but is more often quite complicated, time-consuming, and costly. Beyond that, there are several other reasons why an estate plan prepared in advance is in your and your family’s best interest:
Clear direction
An estate plan clearly delineates who makes decisions and who gets what, which can prevent family disputes and conflicting claims while also providing peace of mind that your wishes will be carried out on your own terms.
Protecting beneficiaries
If you have minor beneficiaries or adult ones who may need protection from other considerations (divorce, credit problems, impaired judgment), your estate plan can include conditions that will protect them from any potential concerns.
Protecting assets
Advanced estate planning frequently offers greater protection and retention of assets by leveraging the use of trusts, LLCs or other layers of asset protection that may be available to meet the unique needs of your family. This means that your family will keep more of the assets you worked so hard to build.
While many individuals may be tempted to create these documents themselves, the truth of the matter is that there is no defined formula or one-size-fits-all approach that can be taken. What’s more, an inadvertent error or omission can be disastrous.
Without a thorough, iron-clad estate plan, a person’s assets can end up languishing in legal limbo for years. This might result in a tangled web of claims, lawsuits, conflicting interests, warring relatives, and lengthy delays before the estate is settled. Grieving heirs might be left to battle through the wreckage, perhaps while being deprived of funds that are vital to help them continue to lead safe, productive, and happy lives. No one wants to see their legacy eaten away by legal fees.
As an attorney who specializes in estate planning for families in the San Francisco Bay Area, including Palo Alto and San Jose, Janet can provide peace of mind, closure, and a clean, pain-free path through the distribution of assets.
And sometimes the plan goes beyond financial assets – there might be children involved who are minors or dependent in some other way, and they require care and protection that could be delayed by a messy, prolonged probate battle. Janet can assist with setting up guardianships for minors, for individuals with special needs, and for those who can no longer manage their own affairs. She protects her clients’ interests as if they were her own, making sound recommendations to help her accomplish your planning objectives.
Our experienced staff can provide the legal services needed to help you navigate this process. We serve families located in the San Francisco Bay Area, including Palo Alto and San Jose.
