Practice Focus

Practice Focus2018-11-15T16:16:34+00:00

Estate Planning

An Estate Plan is a writing that explains what you wish to happen with your assets after your death. The law does not recognize oral statements. There are two categories of an estate plan: wills and trusts.

Types:

The executor (or the administrator) is responsible to the court to ensure that the decedent’s financial affairs are resolved and the remainder of the estate is distributed according to the instructions in the will. When someone dies intestate, the probate court will appoint an administrator of the estate.

A will designates who the decedent would like to be his or her beneficiaries and who the decedent would like to be in charge of his or her estate (executor). It also sets forth which assets go to which beneficiary. A will must be logged with the court. The court will appoint the executor and supervise the distribution of assets. The process takes a minimum of nine (9) months and most often takes longer.
Oldman, Cooley, Sallus, Birnberg, Coleman & Gold L.L.P. can guide the executor through the probate administration process from appointment of the executor to the distribution of assets to the beneficiaries.

If a decedent dies without a will or a trust, the assets of his or her estate must go through the process of court administration. The process takes a minimum of nine (9) months and frequently takes longer. The court appoints the person who will be in charge (administrator). The court distributes the decedent’s assets to beneficiaries who are determined by the laws of the State of California, NOT pursuant to what the decedent may have wanted.

If you become incapacitated, who will make the important decisions regarding your finances and what powers will that person have over your finances? Designated as your Power of Attorney for Finance, the person you choose will have the specific power you designate in writing to deal with your financial issues when you can not do it yourself. Banks, stockbrokers, real estate brokers, etc., recognize the Durable Power of Attorney for Finance as a document which reflects your wishes and should be followed. Such a document can give your designated Power of Attorney the right to run your business, deal with real property, pay your bills, and handle other major and minor aspects of your financial life. Oldman Cooley can draft such a document which will be specific to your needs, wishes and directions.

Who makes health decisions for you when you are not able to make them yourself? How do you insure that medical decisions and, in some cases, end-of-life decisions are consistent with what you would want? Who manages your property, pays your bills and runs your business when you are incapacitated? A Durable Power of Attorney for Health designates in writing the person to whom you give your Power of Attorney for Health.
The person you designate to serve as your Power of Attorney for health will make medical decisions on your behalf when you are incapacitated. A written document setting forth such directives is recognized by doctors and hospitals as the expression of your wishes and must be followed. It is an integral part of your overall estate plan and one of the most important documents you will ever sign. Oldman, Cooley, Sallus, Birnberg & Coleman, L.L.P. will draft the document pursuant to your directions so that your loved ones need not try to guess your wishes when you cannot make them known to your medical providers.
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Inheritance

Inheritance Laws are those statutes and regulations affecting who is entitled to receive what from the estate of a deceased relative. Some relatives, such as spouses and children, have a right to claim an inheritance and can even do so despite the express terms of a will.

Types:

We bring knowledge, credibility and experience to the courtroom when it comes to litigation of trust, estate and conservatorship matters. As such, we are recognized by judges for bringing aggressive and well seasoned expertise to the courtroom. Litigation in the specialized area of trust, estate and conservatorship law has proliferated over the last decade. This area of law is no longer suited to the general civil litigator. It now requires a team of dedicated lawyers who specialize in these legal areas. We are no strangers to the litigation of multi-million dollar estates in the trust, probate and conservatorship arena.

Inheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will.

The fights can revolve around the fairness of how a will divides or fails to divide assets, including family heirlooms, the behaviour of the named executor, demands placed by other beneficiaries on the executor, and so on.

Inheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance.

Probate

Probate is a legal process that takes place after someone dies. It includes:

Types:

Proving in court that a deceased person’s will is valid (usually a routine matter).

Identifying and inventorying the deceased person’s property. Also having the property itself appraised.

Paying debts and taxes.

Distributing the remaining property as the will (or state law, if there’s no will) directs.

Learn More

Estate Planning

An Estate Plan is a writing that explains what you wish to happen with your assets after your death. The law does not recognize oral statements. There are two categories of an estate plan: wills and trusts.

Types:

The executor (or the administrator) is responsible to the court to ensure that the decedent’s financial affairs are resolved and the remainder of the estate is distributed according to the instructions in the will. When someone dies intestate, the probate court will appoint an administrator of the estate.

A will designates who the decedent would like to be his or her beneficiaries and who the decedent would like to be in charge of his or her estate (executor). It also sets forth which assets go to which beneficiary. A will must be logged with the court. The court will appoint the executor and supervise the distribution of assets. The process takes a minimum of nine (9) months and most often takes longer.
Oldman, Cooley, Sallus, Birnberg, Coleman & Gold L.L.P. can guide the executor through the probate administration process from appointment of the executor to the distribution of assets to the beneficiaries.

If a decedent dies without a will or a trust, the assets of his or her estate must go through the process of court administration. The process takes a minimum of nine (9) months and frequently takes longer. The court appoints the person who will be in charge (administrator). The court distributes the decedent’s assets to beneficiaries who are determined by the laws of the State of California, NOT pursuant to what the decedent may have wanted.

If you become incapacitated, who will make the important decisions regarding your finances and what powers will that person have over your finances? Designated as your Power of Attorney for Finance, the person you choose will have the specific power you designate in writing to deal with your financial issues when you can not do it yourself. Banks, stockbrokers, real estate brokers, etc., recognize the Durable Power of Attorney for Finance as a document which reflects your wishes and should be followed. Such a document can give your designated Power of Attorney the right to run your business, deal with real property, pay your bills, and handle other major and minor aspects of your financial life. Oldman Cooley can draft such a document which will be specific to your needs, wishes and directions.

Who makes health decisions for you when you are not able to make them yourself? How do you insure that medical decisions and, in some cases, end-of-life decisions are consistent with what you would want? Who manages your property, pays your bills and runs your business when you are incapacitated? A Durable Power of Attorney for Health designates in writing the person to whom you give your Power of Attorney for Health.
The person you designate to serve as your Power of Attorney for health will make medical decisions on your behalf when you are incapacitated. A written document setting forth such directives is recognized by doctors and hospitals as the expression of your wishes and must be followed. It is an integral part of your overall estate plan and one of the most important documents you will ever sign. Oldman, Cooley, Sallus, Birnberg & Coleman, L.L.P. will draft the document pursuant to your directions so that your loved ones need not try to guess your wishes when you cannot make them known to your medical providers.
Learn More

Inheritance

Inheritance Laws are those statutes and regulations affecting who is entitled to receive what from the estate of a deceased relative. Some relatives, such as spouses and children, have a right to claim an inheritance and can even do so despite the express terms of a will.

Types:

We bring knowledge, credibility and experience to the courtroom when it comes to litigation of trust, estate and conservatorship matters. As such, we are recognized by judges for bringing aggressive and well seasoned expertise to the courtroom. Litigation in the specialized area of trust, estate and conservatorship law has proliferated over the last decade. This area of law is no longer suited to the general civil litigator. It now requires a team of dedicated lawyers who specialize in these legal areas. We are no strangers to the litigation of multi-million dollar estates in the trust, probate and conservatorship arena.

Inheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will.

The fights can revolve around the fairness of how a will divides or fails to divide assets, including family heirlooms, the behaviour of the named executor, demands placed by other beneficiaries on the executor, and so on.

Inheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance.

Probate

Probate is a legal process that takes place after someone dies. It includes:

Types:

Proving in court that a deceased person’s will is valid (usually a routine matter).

Identifying and inventorying the deceased person’s property. Also having the property itself appraised.

Paying debts and taxes.

Distributing the remaining property as the will (or state law, if there’s no will) directs.

Learn More

Oldman, Cooley, Sallus, Birnberg, Coleman & Gold L.L.P.

Represents individuals, corporations, executors, administrators, trust contestants, will contestants, conservators, conservatees, guardians, beneficiaries, creditors, banks, professional fiduciaries, trust companies, charities, religious organizations and those in need of estate planning and estate tax planning to name but a few.

Oldman, Cooley, Sallus, Birnberg, Coleman & Gold L.L.P.

Represents individuals, corporations, executors, administrators, trust contestants, will contestants, conservators, conservatees, guardians, beneficiaries, creditors, banks, professional fiduciaries, trust companies, charities, religious organizations and those in need of estate planning and estate tax planning to name but a few.