Helping Clients in Walnut Creek with Their Estate Planning Needs
Also Serving Individuals across Mountain View & the Bay Area
In order to protect your family and ensure that your wishes are carried out upon your incapacitation or death, an estate planning attorney generally uses a few important legal tools when setting up an estate plan for clients here in the Bay Area.
Estate planning is about more than simply distributing your assets. It is about clarifying your wishes and passing on family values as life progresses.
To learn more about estate planning and how a Walnut Creek estate planning lawyer can help you, reach out to the Law Offices of Daniel L. DuRee at (855) 963-0987 and schedule free consultation.
Revocable Living Trust
By setting up a revocable living trust and transferring assets into it, you can generally avoid the extensive fees and delay of a court-administered probate.
A trust also allows the appointment of a successor trustee who can automatically manage trust assets should the original trustor become incapacitated.
A pour-over will is a simple legal instrument that “pours” all of the personal property into a trust upon the death of the creator. All significant assets should already be held in the trust before the death of the trustor, but the pour-over will transfers all remaining property into the trust. A will is also where parents will nominate guardians for their minor children.
Advance Healthcare Directive
The advance healthcare directive has no financial consequences but instead concerns the type and extent of medical service rendered should you become physically or mentally unable to make healthcare decisions. The advance healthcare directive appoints an agent (and a backup agent) who has the authority to carry out your healthcare wishes when there is a determination that you lack the mental capacity to make your own decisions. A lack of capacity is determined by the patient’s primary physician and by the agent.
The advance healthcare directive also contains an authorization that your agent may obtain certain health information about you that would otherwise be barred by HIPPA regulations.
Durable Power of Attorney
A durable power of attorney becomes effective upon the mental or physical incapacity of the grantor. It gives the agent the ability to deal with non-trust assets on behalf of the incapacitated person. It may also allow the agent to file tax returns, pay medical bills, and sue on the grantor’s behalf.
Why Have an Estate Plan?
Our goal in working with you is to ensure that your estate is passed onto your heirs with minimal government interference and tax liability.
With a properly drafted estate plan, you can:
- Avoid probate
- Prevent unnecessary tax burden
- Provide for minors
- Protect your assets
- Gain peace of mind
If you live in San Francisco Bay Area and own real property or other property valued at over $150,000 (including investments), it is important that you work with an estate planning attorney to provide support and financial stability for your surviving spouse, children, and grandchildren, as well as to preserve your wealth for later generations. Also, having a compassionate and knowledgeable Walnut Creek estate planning attorney is vital.
Cities in Contra Costa County We Serve
- Pleasant Hill
- San Ramon
- Bay Point
Please contact Dan DuRee for a complimentary consultation. He can show you how an estate plan can help you can achieve your goals, perpetuate your values, and carry out your wishes.
“Personable, professional and very thorough.”- Norman P.
“Very easy to work with!”- G.W.
“I would definitely go back to Daniel for estate planning needs and will recommend him to others in the future.”- Bryan P.