As a Santa Clara County probate lawyer, I commonly say, “If you don’t create your own will while you’re alive, the state will give you one when you’re gone.” What that means is that if a person dies without a will (called “intestate”) their estate will be administered according to state law. Likewise, the heirs […]

One of the most difficult decisions that parents of minor children have to make when creating their estate plans is choosing the person(s) they would want to raise their children if they were incapacitated or suddenly passed away. In our office, we often find that the conversation starts with, or eventually winds its way back […]

While a power of attorney (POA) does not technically expire unless it’s revoked by the person who created it, you may run into a situation where a bank or a brokerage firm refuses to accept the document because it’s “too old.” You may also hear the phrase, “the document is stale.” So, what does this […]

Most people have a basic understanding of what a Power of Attorney does. However, not all Power of Attorney documents are the same, and the rights you are afforded depend on how the document is created by a Santa Clara County estate planning lawyer. Let’s start first with the basics: a Power of Attorney is […]

Stepping into the role of Successor Trustee after the incapacitation or death of a loved one is a big job that can feel scary and overwhelming for someone who has never served in such capacity. San Francisco Bay Area Trust lawyers understand that it can be equally unnerving to learn that the Trustee can be […]

Question:  My mom recently died, and I’m her Power of Attorney. Am I able to contact a realtor to start the process of selling her house? I don’t want the bills to start piling up. Answer: Believe it or not, this is a common question that Silicon Valley Will lawyers receive after the loss of […]

We’re often asked by parents of kids with special needs for our honest opinion on using Do-It-Yourself software to create a Special Needs Trust in Santa Clara. Obviously, DIY programs cost less than working with an attorney, and the ability to create a document online offers an extra level of convenience and ease. But… buyer […]

Senior citizens are often concerned about what’s covered by their insurance and what they may be responsible for out of pocket. Medicare Part B is a plan that many seniors have, but it does not cover all the services they typically need. That’s why many senior citizens get “gap insurance” to offset any additional costs […]

Creating an estate plan in 2019 looked a little bit like this: you and your spouse or partner, perhaps along with your adult children, would make an appointment at the office of a Santa Clara estate planning lawyer to go over your plans. A little later, you’d receive a summary of your documents in the […]

In a perfect world, the executor of a Last Will and Testament will have all the information and resources they need to administer an estate quickly and efficiently. In the real world, however, many people don’t even know that they’ve been named the executor of an estate until after a person dies and they’ve read […]