Just about everyone knows or loves someone with a substance abuse problem. The detrimental effects impact many facets of American society. Sadly, as a Santa Clara trust lawyer, I am seeing an upswing in the number of clients that have to deal with a loved one’s substance abuse in their estate planning. Most parents want […]

As a Bay Area will and trust attorney, I often see the results of what happens when someone does not plan for the possibility of an unexpected disability. Most people come to our office ready to plan for their retirement or how they would like to see their estates managed after they have passed away. […]

By Silicon Valley Estate Planning Lawyer Gary Brainin You may have heard about this story: doctors were faced with an ethical dilemma when they found the words “Do Not Resuscitate” tattooed on a man’s chest. The tattoo even included the man’s signature. The patient had no other documentation and was not accompanied by any family […]

Settling a probate estate in Santa Clara County requires quite a bit of time and a lot of organization. It has the potential to be a long, drawn-out process depending on the state of affairs of the deceased and how easy it is to work with the probate court. However, if you’re well-equipped and prepared […]

One of my greatest passions as a Silicon Valley estate planning lawyer is teaching parents how to wisely prepare for death. I realize the possibility of dying while your children are still young can be difficult to accept and that’s why many parents choose to not think about it. Unfortunately, this fear can prevent parents […]

As a Santa Clara County trust lawyer, I’ve found that most people do not understand the serious privacy intrusions that their family can face if they die without a Living Trust. Here in California and across the country, if you pass away without a Living Trust, all of the details about your family’s inheritance and […]

By Bay Area Trust and Estates Lawyer, Gary Brainin For some families, bankruptcy is the only way out from living under a mountain of debt. Filing for bankruptcy is a not a decision most people enter into lightly as the process can have a number of long-term and severe consequences. One such consequence that tends […]

As a Santa Clara will and estates attorney, I’m often asked, “How does a Healthcare Directive or Living Will work in California?” Essentially, in California an Advance Healthcare Directive, sometimes referred to as a Living Will, is a legal document that spells out your wishes for healthcare if you are incapacitated or otherwise unable to […]

Raising a child with special needs is challenging. Sadly, the stress of the situation contributes to a high rate of divorce among couples who are raising children with special needs. In fact, it is estimated that the rate of divorce in these households are between 80% and 90%. If you are going through a divorce […]

As a Santa Clara will and trust lawyer, I can tell you the answer to this question and so many other estate planning questions is, “Yes, but….” It is true that if you own an asset jointly with rights of survivorship in California, the joint tenant will automatically retain ownership of the property when you […]