Few activities are more important, yet more intimidating and therefore postponed, than planning for your long-term security and the continued well-being of their loved ones. The assumed complexities of estate planning cause many individuals to put off this crucial task until it is too late, but with competent legal help you can lay a solid foundation for protecting your assets, your peace of mind, and your loved ones.

As an attorney in the area of estate planning located in San Jose, California, with over 30 years of experience, I provide personalized legal guidance in following legal areas:

• Estate Planning
• Living Trusts
• Wills
• Powers of Attorney
• Advance Health Care Directory
• Special-Needs Trusts
• Qualified Personal Residence Trusts
• Testamentary Trusts
• Conservatorships
• Guardianships
• Estate Tax Returns
• Charitable Trusts
• Probate
• Trust Administration
• Probate administration<

Keep in mind that one plan does not fit all situations when it comes to estate planning. To meet your ultimate goals, you need to be represented by an estate planning attorney with sensitive to your objectives and who is knowledgeable and experienced in the areas of trust, probate, and estate planning law. Although I have spent years in acquiring necessary legal knowledge, I recognize importance of an individual’s feelings and emotions when dealing with estate planning or probate. I strive to provide conscientious service and considerate attention at a time that is often difficult for an individual.

My estate planing and probate practice, located in San Jose, California, is structured to provide comprehensive and affordable estate planning solutions. Some of the means available to help you meet your personal estate planning goals include, but are not limited to, the following:

• Living Trust.   A living trust provides a means whereby you can have your estate avoid the process of probate. The trustee of your trust holds legal title to your property and manages that property as you have directed in the trust document (usually referred to as a declaration of trust). You select the person or persons to serve as trustee. You can appoint yourself as trustee of your own trust. Also, you determine who will be the trustee or successor trustee when you do not wish to serve as trustee of your trust. A living trust, unlike a will, becomes effective upon its signing. It continues to exist during your lifetime in the event of your incapacity or mental incompetence. After your lifetime, the trust will continue until terminated according to the instructions given by you in the declaration of trust or as required by law. A living trust is revocable. This means that at any time during your lifetime you can terminate the trust for any reason and legal title of the property transfers back to you. A living trust allows you to minimize or avoid the expenses, delays, and publicity of probate.

• Will.   A will, or last will and testament, transfers the real and personal property you hold your name to the person or persons and/or organization you want to receive the property upon your death. You name in your will the person you want to carry out the instructions contained therein. This person is called your personal representative, executor, or executrix. A will is the document where you can name a guardian for any minor children. Unlike a living trust, a will does not become effective until your death and it has been admitted to probate. A type of will, known as a pour-over will, is used when you have a living trust. It provides a safety net in case some of your property was not transferred to your living trust.

• Advance Health Care Directive.   An advance health care directive was formerly composed of two documents; a power of attorney for health care and physicians directive or Declaration Under A Natural Death. Some other terms used for an advance health care directive include living will and health care proxy. In an advance health care directive you designate the person you want to make decisions regarding your health care in the event that you are unable to make your own decisions. Also, an advance health care directive permits you to give doctors and hospitals your personal instruction regarding the nature and extent of the health care you want provided to you should you suffer a temporary or permanent incapacity, such as an irreversible coma.

• Durable Power of Attorney for Property.   This document enables you to designate a person to act on your behalf in regards to your financial matters should you be unable or unavailable to act for yourself. A durable power of attorney, unlike a regular power of attorney, does not terminate should you become mentally incapable of making your own financial decisions. A durable power of attorney for property management can avert the need for a conservatorship and the accompanying delays, expenses, and publicity.

• Probate/Estate/Trust Administration. The administrative services I provide furnish the legal guidance needed after a family member has passed away. I handle the necessary probate or trust administration proceedings, tax matters, accountings and the implementation of the plan of distribution contained in the trust or will.

• Family Limited Partnerships/Limited Liability Corporations.   These types of organizations can be used to own and manage your property, in a manner similar to a trust, while allowing the utilization of additional tax planning techniques. A family limited partnership or limited liability corporation is typically used if you have a large estate and therefore need specialized estate planning in order to minimize taxes and protect your assets.

With new laws being passed on a regular basis, the guidance of an experienced estate planning attorney is critical in assuring that your personal estate planning goals are understood and accomplished. Proper estate planning can ensure that your invaluable legacy is not wasted and that your loved ones are cared for according to your wishes. Avoiding probate costs, expensive court proceedings, and unnecessary taxes are important elements in preserving the integrity of your estate.

If you, or someone you know in California, needs the assistance of an experienced San Jose estate planning attorney, please do not hesitate to call James L. Evertts at 866-639-2904, or complete the contact form provided on this site to schedule your initial consultation.