Bay Area Estate Planning Attorney
What is commonly included in an estate plan?
In order to protect your family and ensure that your wishes are carried out upon your incapacitation or death, an estate planning attorney such as myself 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.
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 be incapacitated.
Get more information by reading, “What Is a Living Trust?”
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 health care decisions. The Advance Healthcare Directive appoints an agent (and a backup agent) who has the authority to carry out your health care wishes when there is a determination that you lack 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.
Learn more about “Incapacity Planning.”
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?
My goal in working with you is to ensure that your estate is passed onto your heirs with minimal government interference and tax liability.
With an 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, and to preserve your wealth for later generations. And having a compassionate and knowledgeable Bay Area estate planning attorney is vital.
Please contact me for a complimentary consultation. I’ll show you how an estate plan can help you can achieve your goals, perpetuate your values, and carry out your wishes.
I wasn’t looking forward to establishing an Estate Plan, however, after purchasing a home I knew I needed to. Dan guided me through the process with knowledge and professionalism. His level of expertise, responsiveness, and flexibility provided a streamlined, seamless experience. I highly recommend the Law Office of Daniel L. DuRee.”
– Posted by Dana, an Estate Planning client
Dan DuRee helps clients with their estate planning needs throughout the San Francisco Bay Area. He has offices in Larkspur in the Marin area, Walnut Creek, San Francisco, and Mountain View,, and to make it as convenient as possible, Dan also meets clients in their home, at their place of work or at the hospital any day of the week.