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 […]

As a Bay Area trust attorney, I know that a family home or vacation property is often the most valuable asset in a person’s estate. While the homeowner may want to leave their cherished property to children or other beneficiaries as an inheritance, taxes can quickly thwart well-meaning plans. The sad truth is that, without […]

Serious health diagnoses can impact your life in huge ways and may bring concerns you haven’t thought of up to the forefront. One of those concerns, which is often pushed off when everything is going well, is estate planning and/or elder law planning. Planning can give you the peace of mind knowing that your family […]

As a Silicon Valley estate planning attorney, I have seen many unfortunate circumstances where a person goes through the time and expense of having an estate plan created only to fail to update their beneficiaries on their financial or retirement accounts before they pass away. An example of this would be Mary naming her brother […]

When it comes to asset protection planning for retirement and leaving legacies to your loved ones, there are several different trusts available that can help accomplish your goals. One type of trust I recommend as a Bay Area trust attorney, called an Irrevocable Life Insurance Trust (ILIT), ensures that the benefits of your life insurance […]