Plan Ahead With an Estate Planning Attorney in San Jose, CA
Estate Planning Experts. We provide a full range of legal services in the areas of estate planning, estate and trust administration, and probate.
Estate Planning Attorney in San Jose, CA
Why Trust Credere Law With Your Estate Plan
Trust matters when you make decisions that affect your family and your future. Clients choose Credere Law because they want an estate planning attorney who takes the time to understand their situation and treats their wishes with the care they deserve. We approach every plan with personal attention, taking the time to understand what matters to you before offering guidance.
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Although you can circumvent Probate by having a Living Trust rather than a will, Pour-Over Will is highly recommended to be prepared along with your living Trust. This is to ensure that the assets which are inadvertently not transferred into the Trust during your lifetime, become part of the Trust’s assets when you pass away.
It is a good idea to have a Power of Attorney so that, in the event of incapacity, a loved one can make legal and financial decisions such as buying and selling Real Property, opening and closing Bank Accounts, transferring property into a trust or initiating or defending a lawsuit on your behalf.
Don’t Wait Until It’s Too Late.
Contact an Estate Planning Attorney in San Jose, CA today.
Our goal is to make the estate planning process feel clear and manageable. We explain your options in straightforward terms and help you make decisions with a better understanding of what they mean for your future. Our estate planning attorney ensures your plan reflects your wishes, giving you greater confidence that your intentions are clearly expressed and legally documented.
Our estate planning attorney gives a personal service to all the clients, that each and every Living Trust, Durable Power of Attorney and other estate planning document, is drafted by them in accordance with your unique circumstances.
San Jose, CA families deserve an estate planning attorney who understands their wishes. Connect with Credere Law to get started.
Have a Question?
Frequently Asked Questions
You work hard and plan carefully to meet your long-term financial objectives, such as financing an education, providing for your children and saving for retirement. However, many people put off estate planning or choose to ignore it altogether. Almost everyone needs some form of estate planning, especially those who:
- Want their estate distributed after their death and according to their personal wishes and not statutory guidelines
- Have assets that will make them susceptible to high estate taxes
- Want planned distributions for the benefit of descendants
- Have heirs who may need responsible financial assistance after their passing
You may still need a will to capture any assets that may not have been transferred to the trust during your life. A "Pour-Over Will" will transfer assets to your trust. Once you establish a living trust, you must remember to transfer your assets into the trust. Assets that are not in your trust, that do not have beneficiary designations or are not jointly titled with another individual may still be subject to probate. You should discuss the transfer of tax-deferred assets, such as individual retirement accounts (IRAs), 401k or pension plans, with your attorney or accountant.
We suggest evaluating your legal documents every three to five years or immediately following major life milestones. Events like the birth of a child, a marriage, a divorce, or a significant change in tax regulations necessitate an immediate professional review.
Estate Planning Attorney Serving San Jose, CA
We provide a full range of legal services in the areas of estate planning, estate and trust administration, and probate.
Our Estate Planning Attorney San Jose CA have significant expertise in the preparation of estate planning documents, such as wills, revocable living trusts, and all of the multitude of trusts used for the transfer of wealth.
Living Trusts: Nowadays, it is generally recommended that a person set up a Living Trust, rather than a Will. A Living Trust is more cost effective because when a person passes away with a Will, which are subject to probate which often entails expensive attorney fees and court costs. Administering a Living Trust is generally more cost effective than administering a Probate. Probate is often time consuming because it involves the oversight of the court. A Living Trust can be administered without the oversight of the court, and thus, tends to move more rapidly.
Wills and Pour-Over Wills: Although you can circumvent Probate by having a Living Trust rather than a will, Pour-Over Will is highly recommended to be prepared along with your living Trust. This is to ensure that the assets which are inadvertently not transferred into the Trust during your lifetime, become part of the Trust’s assets when you pass away.
Power of Attorney: It is a good idea to have a Power of Attorney so that, in the event of incapacity, a loved one can make legal and financial decisions such as buying and selling Real Property, opening and closing Bank Accounts, transferring property into a trust or initiating or defending a lawsuit on your behalf.
Advanced Health Care Directive: Advanced Health Care Directives allow you to specify your wishes in critical situations. These wishes indicate in what situations, if any, would you like to be placed on life support or if you would like to be an organ donor. Additionally, you will appoint a loved one to be your representative to ensure that your wishes are carried out in these kinds of critical situations.
Probate: After a loved one passes away, the process of administrating an Estate entails providing proper notice to beneficiaries and creditors and, in the case of administering a Living Trust, transferring assets into the Trust that have not been transferred into the Trust through a Motion to Confirm Trust Assets, also known as as a Heggstad Petition. The administration of a Will is even more complicated than that of a Trust because a Will must go through the Probate Process and an Inventory and Accounting must be filed with the court.
Don’t Wait Until It’s Too Late. Contact an Estate Planning Attorney San Jose CA today.
While making plans revolving around the end of your life may not be the most exciting thing on your to-do list, it’s something that you should make a priority. Tragedy can strike at any time, and you don’t want to be caught off guard.
Mark T. Koo, Esq. is a estate planning attorney San Jose, CA. He gives a personal service to all his clients, that each and every Living Trust, Durable Power of Attorney and other estate planning document, is drafted by him in accordance with your unique circumstances.