
Estate Planning Services:
• Draft your will or revise your current will.
• Prepare guardianship
for your minor children.
• Set up a trust to protect your minor children
or a disabled adult child.
• Set up a trust to protect your pets.
• Advise
or represent you regarding a trust in which you are the trustee.
• Prepare
Advance Health Directives and Durable Power of Attorney for Finances.
• Set
up Family Trusts, Testamentary, Bypass/AB or Inter Vivos Trusts.
• Living
Trusts and Estate Planning Specifically Designed for Members of the Armed Services.
Other Services:
• Consultation regarding members of your family afflicted with a terminal
illness.
• Preparation of "Do Not Resuscitate" orders and filing
with the appropriate parties.
• Consult and provide resources for families
dealing with terminal illness.
Estate Planning Packages
Package for couples:
Includes an initial one hour consultation
and review of estate planning needs, a living trust agreement
with schedule of assets and instructions, an IRS EIN application
for tax identification purposes if needed, two pour-over wills
with burial instructions, pet provision and guardianship provision
(if minor children are involved), preparation of a grant deed & county
paperwork to transfer the primary residence into the trust,
two advance health care directives, two durable powers of attorney
for financial purposes, instructions for executing the documents:
Total of $1800, reflects a 25% discount and a $450.00 savings.
Package for individuals:
Includes an initial one hour consultation
and review of estate
planning needs, a living trust agreement with schedule of assets,
a pour-over will with burial instructions and guardianship provision
(if minor children are involved), preparation of a grant deed & county paperwork to transfer
the residence into the trust, one advance health care directive,
one durable power of attorney for financial purposes, instructions
for executing the documents: Total of $1400, reflects a 20%
discount and a $350.00 savings.
**Please note that follow-up
questions via email
or telephone are
included in all package pricing. However, follow consultations,
including trips to the client’s home or office for signing
of documents or explanation of drafts may be charged at the
hourly rate.
Fees for Individual Documents
Living trusts:
$1000
and up. This document
is instrumental in helping clients to avoid the costly probate
process. The living trust should be used by all individuals
who own real property in the state of California as it is an
affordable & convenient alternative
to probate. This price includes an initial one hour consultation
and review of estate planning needs, the living trust agreement
with schedule of assets, instructions for transferring the residence
and other assets into the trust; a grant deed & county paperwork
for transferring the primary residence into the trust and an
IRS EIN application for tax purposes if needed. Additional properties
are transferred at an additional cost, please see below.
Special
Needs Trust:
$1000
and up. A Special Needs Trust is a specialized legal document
designed to benefit an individual who has a disability. A Supplemental
Needs Trust is most often a “stand alone” document,
but it can form part of a Last Will and Testament. A Supplemental
Needs Trust enables a person under a physical or mental disability,
or an individual with a chronic or acquired illness, to have,
held in Trust for his or her benefit, an unlimited amount of
assets. In a properly-drafted Supplemental Needs Trust, those
assets are not considered countable assets for purposes of qualification
for certain governmental benefits. For purposes of a Supplemental
Needs Trust, an individual is considered impoverished if his
or her personal assets are less than $3,000.00. A Supplemental
Needs Trust provides for supplemental and extra care over and
above that which the government provides.
Wills:
$700 for a
couple (two wills),
$400 for a single person (one will). This document is a basic
requirement for most persons as it includes instructions for
burial, guardianship provisions (if minor children are involved)
and provisions for pets (as needed) and distribution of personal
property. This document is especially important for persons
with minor children as it includes a guardianship provision.
This price includes an initial one hour consultation and review
of estate planning needs, a will with burial provision and guardianship
provision if minor children are involved, instructions for executing
and storing the will and two copies.
Additional Deeds needed to transfer California real property
to a trust:
Charged at $200.00
per hour; including preparation, signing, notarization, recordation
of additional deeds (does not include county recording fees).
Fees may be higher for out-of-state deeds.
Advance Health Care Directives:
$125 per person, $175
per couple. This
document is critical in managing your health care in the event
that you become mentally or physically incapacitated. Most hospitals
require an advance health care directive in order to be admitted.
**This document is included in the estate planning packages
at little or no additional cost.
Durable powers of attorney
for financial purposes:
$150 per person, $250 per couple. This document is especially
important for elderly, ill and single persons who do
not hold their
banking and investment accounts jointly (i.e. with another individual).
This document can be designed to “spring to life” upon a doctor declaring
you mentally or physically disabled or can be drafted to become
effective immediately. The later type of document is especially
helpful to those clients who travel out of the country on a
regular basis. **This document is included in the estate planning
packages at little or no additional cost.
Pre-Nuptial & Ante-nuptial
Agreements:
$1000 and up. Includes a comprehensive consultation
to determine the type of agreement needed; consultation with
the other party’s attorney if necessary; any follow questions
via email or telephone and drafting of the agreement.
Guardianship
Provisions:
$200
and up. Includes a comprehensive consultation to determine the
type of guardianship provision required, follow up questions
via email or telephone and drafting of the agreement;
**Copying & postage to client included for all estate planning
packages & flat fee document preparation ***Please note
that documents requested on an expedited basis may be charged
an additional 25%.
Other Fees
Trust administration & advisement, document review & drafting;
preparation of
deeds and other estate planning advisement or document review:
$200.00 per hour
Trust or Will Review & Amendment:
This office offers a review of do-it-yourself trusts and wills
for $300. That fee includes a meeting with the client or clients
to discuss their estate planning goals, the review of the documents,
and a letter to the client or clients discussing the findings
of the review. There is no further obligation on the part of
the clients, but if they decide to revoke their current estate
plan and have this office prepare a new estate plan for them,
the $300 fee will be applied to the cost of their new estate
plan.
These fees will remain in effect until June 30, 2008. Fees
are subject to change without notice. We are proud to accept
these credit cards. Please note that if you wish to use a credit
card, full payment is due when our services are retained:

INFORMATION YOU WILL NEED TO KNOW BEFORE YOUR ESTATE PLANNING
CONSULTATION:
We try to meet
the needs of our
estate planning clients in a fast, affordable manner. Toward
that end, we offer this explanation of the services we provide
and how we charge for them. We also highlight some issues that
often arise in the estate planning context and how we propose
to handle them.
I. SCHEDULING THE INITIAL APPOINTMENT
The consultation
will last about one to one and one half hours. Evening and weekend
appointments are available in your home or office.
Initial consultations regarding estate plans include the following:
a one hour consultation explaining the differences between wills
and trusts, description of various trusts, explanation of advance
healthcare directives and durable powers of attorney, explanation
of different options for holding title to real property, opportunity
to answer any questions about estate planning and/or the probate
process and a review of client’s estate planning goals.
At your initial consultation, you will have an opportunity
to ask any questions you have about the estate planning and
probate process and you will have the opportunity to explain
the goals you want your estate plan to achieve. We also will
suggest any tax-saving ideas that may apply to your circumstances.
Through the interchange of ideas at this meeting, we will work
together to formulate an appropriate estate plan for you.
Please
note that follow-up
questions via email or telephone are included in all package
pricing. However,
follow consultations, including trips to the client’s home or office for signing of documents
or explanation of drafts may be charged at the hourly rate.
II. EXCHANGING INFORMATION
At the consultation we will prepare
a questionnaire designed to elicit information about your finances
and your family. The questionnaire helps us to advise you about
tax-saving devices that may be relevant to your financial circumstances.
It also helps us to identify issues that may be relevant to
your family situation and to obtain additional insight into
concerns that you may have about family members’ unique
estate planning matters.
III. LEGAL FEES
The initial consultation
fee is included
if you hire our firm to perform estate planning work. Additionally,
many of the services we provide can be packaged together at
discounted rates.
However, our consulting services, and preparation
of complex estate
planning instruments, are based on an hourly rate of at least
$200.00 per hour. Further, if you wish to have an estimate of
our fees for the preparation of estate planning documents, please
feel free to ask us at anytime. Of course, our ability to estimate
the actual legal fees for document preparation will depend upon
the clarity of your instructions and your requested changes
to draft documents. Please keep in mind that we will also bill
for conference time (whether by telephone or in person) and
appropriate tax research applicable to your estate plan.
IV.
PREPARATION OF
YOUR DOCUMENTS
Your documents will be prepared in draft form
by your lawyer. These documents will be sent to you for your
review, accompanied by a detailed explanation of how they are
designed to work. Please read the documents and the explanation
carefully; if you have any questions or would like them altered
in any way, you should contact us and we will answer your questions
and make any changes
you desire.
After the documents have been reviewed by you and
have been finalized,
the documents will be mailed to you with detailed instructions
on how to execute them.
V. STORAGE OF DOCUMENTS
1. Your Will.
Each person can
have only one original will. Accordingly, it is important that
your will be stored in a manner that assures that this document
will not be lost, will be safe from fire and accident and will
be readily available when needed.
2. Trust Agreements. If you
execute a separate
trust agreement (called an "inter vivos trust," a "living
trust," a "revocable trust" or one of a variety
of "irrevocable trusts"), you will sign one original
of the agreement for each trustee and one for yourself. Please
ask us about information pertinent to your trustee's fiduciary
duties.
3. Advance Health-Care Directives. If you execute an
advance health-care
directive (sometimes called a "living
will" or "Durable Power of Attorney for Healthcare"),
you will sign two originals. These originals are distributed
with two goals in mind: preservation of the instrument and assurance
of its availability if it is needed. At a minimum, you should
keep one handy at home (not in a safe deposit box).
4. Powers
of Attorney. If
you sign powers of attorney, you will sign two originals. Multiple
originals of the power of attorney are desirable because your
agent (or "attorney-in-fact") may have
to surrender an original to a bank or to a person with whom
your agent conducts your business. Should you require more than
two original powers of attorney, let us know before your appointment
for signing these documents and we can prepare additional originals
for you.
5. In General. We will provide you with copies of all
documents that
you sign. You should review the documents periodically to make
sure they still reflect your wishes in light of any changes
in your family or financial situation. If a change in any of
the documents becomes necessary or advisable, please call us
to discuss it. Please understand that we are not responsible
for updating your
estate planning documents as that is the responsibility of the
client.
VI. MULTIPLE CLIENTS
1. Married Couples.
Many married couples prepare their estate plans together.
While husbands and wives need not prepare their plans together,
often there are tax and emotional reasons to do so. If both
of you will be working together on your estate plans, please
bear in mind that we can represent both of you only as long
as there is no conflict of interest between you.
Understanding the kinds of conflicts that might
arise between you:
One of you might provide us with confidential information that
you do not want us to share with the other. You each might have
very different views regarding the distribution of your property
among various family members and others. One of you might favor
a trust for the other when outright distribution of your estate
to your spouse might be what your spouse wants. As your lawyers,
we have ethical obligations to preserve your confidences and
to act in your best interest.
Accordingly, we will represent
both of you only
on a "joint representation" basis.
Under this type of representation, both of you are viewed as
a single client. We cannot advocate for one of you against the
other. Rather, we assist you, as a couple, in developing and
coordinating your respective estate plans. In other words, we
must be free to pass on to your spouse any information that
you provide to us as your lawyers if it is relevant to your
spouse's estate planning arrangements.
Spouses who have been
previously married
and are part of blended families have unique needs. For example,
many couples are surprised to discover that they cannot put
in place an estate plan that provides solely for children from
a previous marriage without running the risk that the survivor
will exercise certain rights afforded by statute and change
that estate plan. In these situations, regardless of how the
spouses feel toward one another, a postnuptial agreement should
be considered.
Individuals who plan to marry also have special
needs. They may
have assets and family concerns that must be addressed before
marriage so as to avoid the impact of certain rights granted
by statute to their spouse by virtue of their marriage. In these
situations, a premarital agreement merits consideration. We
usually can represent one of you in preparing a marital agreement
(premarital or postnuptial) and can assist the other with finding
separate counsel. Each of you should have separate counsel to
ensure that the marital agreement will work.
2. Other Family
Members. When we
are asked to work with other members of your family, such as
children, siblings or parents, or when your family members are
already our clients, the ethical concerns discussed above surface
as well. Ordinarily, lawyers are obligated to share with clients
all information that might be important to the client and relevant
to the client's planning. We can find ourselves in a conflict
because of our duty to preserve confidential information provided
to us by the other family members who are also our clients.
As lawyers, we can represent multiple units of the same family
in one of two ways;
one way involves sharing information and the other focuses on
preserving confidential information. We choose the latter type
of representation in this situation and treat each family unit
as a separate client whose confidences we preserve. This approach
is the opposite of the married couple situation. Simply put,
all confidences are kept except those that you authorize us
to share with other family members.
If, during the course of
this "dual" representation of
each family unit, information that is provided to us by either
family unit becomes pertinent to the decisions of the other
family unit, we will ask permission to share that information.
In the extreme situation when the information is absolutely
necessary to the family unit and permission to share it is denied,
we will withdraw from the representation of both family units
so as to avoid harming both clients.
VII. RETITLING OF ASSETS
In addition to drafting your estate
planning documents,
we also address
the ownership of assets. Income tax issues and the method by
which property passes to beneficiaries, whether by probate (under
your will) or pursuant to operation of law (jointly held property)
or under the terms of a beneficiary designation form (insurance
contracts and retirement accounts), impact on an estate plan.
Rarely do the assets owned by people adequately fit into the
proper estate plan for their needs. Some changes are usually
necessary, including transfers of assets between spouses to
take full advantage of the amount that each spouse can pass
to beneficiaries without the payment of estate tax.
The preparation
of the trust transfer
deed for your primary residence, as well as the accompanying
paperwork is included in the fees for the trust and package.
However, because each client's situation is unique, we address
retitling of assets as a separate item from the drafting of
the estate plan. As with consulting services, these tasks are
handled on an hourly basis.
VIII. RETIREMENT PLANS & LIFE INSURANCE
POLICIES
More and more frequently we are finding that retirement
plans (401(k)s and IRAs) and life insurance policies comprise
a significant portion of our clients' estates. The income tax
benefits afforded by these plans can be wonderful. They do,
however, present some new drafting issues and we may recommend
that your beneficiary designations be rewritten (sometimes to
include trusts) so that your retirement plans will fit into
your overall estate plan.
IX. OUR FIRM AS YOUR FIDUCIARY
Our
firm is available
to serve as personal representatives of estates and as trustees
of trusts that are established as part of our clients' estate
plans, but there is absolutely no requirement that our clients
select our firm to fulfill these roles. We are sometimes called
upon by our clients to act as fiduciaries because of our expertise
in administration or because the family situation would be eased
by the presence of a neutral party.
X. BILLING
Half of the flat
fees are due when
our firm is retained with the remainder due within 60 days.
However, if you chose to pay by credit card, the entire fee
is charged on a one time basis. Hourly fees are billed monthly
and are due upon receipt.
XI. PRIVACY POLICY NOTICE
Included
with the initial
package will be a Privacy Policy Notice which the Federal Government
requires that we provide you. Please review this document and
let us know if you have any questions.
Please Ask Us How We
Can Help You Plan
Your Personal Legacy We are excited to offer a new service whereby
we assist you with what is commonly known as an ethical will.
We prefer to call it your personal legacy because you are much
richer than the sum of your material assets, yet your legal
will only addresses the question, “What
do I want my loved ones to have?” An Ethical Will is a
personal legacy letter/recording/video that transmits the non-material
assets that are also of great importance: your values, your
story, the lessons life has taught you, the information that
is too valuable to risk being lost. Your Ethical Will is the
tool that enables you to address the question, “What
do I want my loved ones to know?” Not everyone can pass along
a financial legacy,
but everybody can transmit some of the richness of life by creating
an Ethical Will. Ask us more about this exciting new service
and how we can assist you in developing your personal legacy.
Please let us know if you have any questions about the information
contained in this
statement. We want you to understand and be comfortable with
the arrangements. We look forward to assisting you through the
estate planning process and with any other consulting services
that you and your family require assistance with.