Most parents expect their children to inherit their assets if they unexpectedly pass away. But what happens if the child is a minor when mom or dad dies? Because the minor is not a legal adult and cannot inherit assets, a Santa Clara County probate judge will need to appoint a legal guardian who will […]

You’ve most likely seen articles and news segments about cryptocurrency. The most well-known is Bitcoin, but there are several others on the market. For the uninitiated, cryptocurrency is a digital or virtual currency that uses cryptography for security, making it difficult to counterfeit. One of the main reasons why people and investors like cryptocurrencies is […]

When done properly, an estate plan affords peace of mind to those creating it and leaves behind a legacy for their descendants. But sometimes estate planning can go awry—and it’s usually due to eccentricities held by either the creators of the estate plan, the beneficiaries, or both. As a Santa Clara County estate planning lawyer, […]

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 […]

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 […]