Estate Planning
An effective estate plan ensures you have a say in your financial and medical future. At Shiells & Hammer we work with clients to prepare and properly implement comprehensive plans which typically include Living Trusts, Wills, Powers of Attorney, and Advance Health Care Directives. Together these documents protect you, your assets, and your loved ones while ensuring your financial and medical wishes are carried out in the event of incapacity or death.
At our office, the process of crafting a customized estate plan begins with a no-obligation planning meeting. At this meeting, we meticulously review your estate, your wishes, and your planning options. For most clients, we can then provide a fixed fee quote so that you know exactly how much it will cost to prepare your personal estate plan.
To request your Estate Planning meeting, visit our Contact Us page or call us at (916) 917 5914.
Successor Trustees and Trust Administration
The death of a friend or family member can be an emotional and destabilizing time. In addition to the emotional toll, there are many legal and financial issues that need to be addressed in a timely manner.
The process of complying with legal deadlines, gathering the loved one's assets, and distributing them pursuant to the terms of their trust is called Trust Administration. Although many Trust Administrations can be completed without court supervision, California Law imposes heightened legal duties, responsibilities, and duties on Trustees. Even organized, well-intentioned Trustees should retain legal counsel to ensure they avoid liability. At Shiells & Hammer we represent both individual and professional Trustees to avoid legal liability and ensure the Trust Administration is completed as efficiently as possible.
To request your Trust Administration Review no-obligation meeting visit our Contact Us page, or call us at (916) 917 5914.
Special Needs Planning
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Probate Court Proceedings
The primary goal of most proactive estate planning is to avoid time-consuming and costly Probate Court Proceedings. However, when Probate Court is unavoidable, it is important to retain a law firm that understands the Probate Court's complex procedures and distinctive deadlines. Shiells & Hammer can help you petition the Probate Court for relief in a wide variety of situations, including:
Probating a Will: Unlike a trust, California Law requires that distribution of assets pursuant to a will take place under the supervision of the Probate Court. This can be a lengthy process which involves filing legal documents and appearing in court to discuss/defend your position. At Shiells & Hammer our attorneys are skilled legal writers with real court room experience. We can help you Probate the Will of a loved one while avoiding the pitfalls of this complex process.
Estate Administration: When someone dies without a Trust or Will, California Law requires their estate to go through intestacy. At Shiells & Hammer we can help get an executor named and work with the executor to make sure the assets in the estate are efficiently distributed to the proper heirs.
Conservatorship: A Conservatorship is a legal proceeding where an adult is given the legal authority and responsibility to care for another adult or child. This often occurs when the candidate is physically or mentally disabled. Conservatees often have Alzheimer's, Autism, Parkinson's, or other debilitating diseases. When a loved one is in need of a Conservatorship, we can help a spouse, child, or close friend petition the Probate Court to become the Conservator.
Guardianship: Guardianship proceedings are similar to Conservatorship proceedings. However, Guardians are appointed to protect minors. A guardianship is often appropriate when a parent dies, becomes terminally ill, or is disabled. Establishing a Guardianship allows the appointed Guardian to take legal responsibility for a minor child.
To request a no-obligation meeting to discuss necessary Probate Proceedings, visit our Contact Us page or call us at (916) 917-5914.