Best Elder Law Attorney Santa Rosa Near Me

4worldlovers:
Serving Sonoma County clients since 1989, Tricia A. Shindledecker helps you formulate estate plans that meet your family's needs and navigate the trust administration process after a loved one dies. With offices in Santa Rosa and Oakmont, we specialize in estate planning, probate,

Estate Planning is the process of determining your wishes in the event of incapacity and/or death and documenting those wishes appropriately, considering your preferences, and any relevant tax issues.

Estate Administration is the process of settling the affairs of a person after death, whether that involves a probate administration or settlement of a trust.

4worldlovers: Our attorneys represent clients based in Sonoma County, regionally, nationally and internationally. Because of our broad experience and diverse practice areas, we are able to take a multi-disciplinary approach to help our clients solve problems and realize their goals. We represent individuals, businesses, private and public entities. We consistently deliver the highest levels of service, efficiently and effectively, based on a clear understanding of our clients’ personal or business objectives.

4worldlovers:
At the Gullotta Law Group, we believe your estate plan should be uniquely tailored to your life, your needs and your goals. We want you to be involved, therefore Attorney Gullotta will talk to you at length to determine those needs and goals, they will translate your wishes into legally binding estate planning documents. You will work with Attorney Gullotta throughout the process, receiving assistance from our always-helpful support staff along the way.

Having an advanced health care directive can be an extremely important step to take in your life and an important part of your estate plan. End-of-life care is a very personal matter—in your advanced health care directive you will lay out your end-of-life care in the event of a serious illness which leaves you unable to make your own health care decisions. When you create an advanced health care directive, you choose a person you would trust to make decisions on your behalf. This removes any potential burden on your family members should you have an emergency or a debilitating illness. Remember, the legal preferences laid out in your advanced health care directive only go into effect should you become incapacitated and unable to speak for yourself. As your circumstances in life change, you can make changes to your advanced health care directive, and while you can detail many end-of-life decisions. Having a comprehensively advanced health care directive can give you peace of mind in the event of an unexpected accident or illness.

Once you have determined what your “estate” consists of, you will then decide who you would like to have your assets, and the best way to accomplish those goals. There are essentially three methods of asset distribution. You can gift your assets to loved ones prior to your death, You can establish trusts during your lifetime which will distribute your assets while you are still alive, Your assets can be distributed outside your will when you die. Each of these methods has pros and cons, therefore your specific financial situation, your tax rate and your probate plan will determine the best way for you to distribute your assets. In some cases, your Sonoma estate planning attorney can help you combine two or more of these methods to help you accomplish your objectives. If you have children from a prior marriage you could potentially specify what gifts or assets you want them to have in your will, however, if those gifts bypass your spouse, a family conflict could ensue. A trust might be the best legal instrument for leaving assets to your children from a prior marriage, while still ensuring your current spouse is taken care of. There are many aspects to asset distribution, therefore it can be extremely beneficial to speak to an attorney at the Gullotta Law Group.

If you have only a living trust, you will have a named successor trustee who will be responsible for carrying out your wishes after your death or in the event of your incapacitation. If you have a will, you will name an executor—a person you trust to adhere to the terms of your will and carry out your wishes. If you die without a will (intestate), the court will appoint an executor following a hearing. No one can be forced to be an executor, therefore, it is important that you have an honest conversation with your proposed executor to determine whether he or she is willing to serve in this capacity. Executors have a fiduciary duty to ensure the beneficiaries of the will are protected. Should that fiduciary duty be breached, personal liability can be imposed on the executor. Once appointed, the executor will “run” the estate in the same way a business is run; that is, the executor will ensure all debts are paid, taxes are properly taken care of, assets are cared for and the remaining assets are distributed to the named beneficiaries.

If you leave a will, your named executor will administer your estate. This includes collecting assets, paying debts and taxes, filing a final tax return, taking an inventory of assets, and distributing remaining assets to heirs. If you do not leave a will, an executor will be appointed, and that person will do the same things a named executor would do. If you leave a trust, your successor trustee will be responsible for implementing the terms of the trust and filing a Notice of Trust with the beneficiaries. In the state of California, estates worth more than $166,250 must go through formal administration.