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Trusts and Estates Attorney in San Rafael, CA | Matthew W. Harris, Esq., LLM

Most people in San Rafael don’t think about estate planning until something forces them to. A parent gets a diagnosis. A friend’s family spends two years stuck in probate court. A new baby arrives and suddenly you realize there’s no plan for who takes care of them if something happens to you.

Here’s what you need to know: if you own a home in Marin County and you don’t have a trust, your family will almost certainly end up in probate. The median home price here hovers around $1.3 million. California’s probate threshold is $208,850 as of April 2025. The math is simple, and the stakes are real.

Matthew W. Harris, Esq., LLM is a trusts and estates attorney based in San Rafael, serving families and individuals throughout Marin County, including Novato, Mill Valley, Corte Madera, Larkspur, Tiburon, San Anselmo, Fairfax, and Sausalito. This practice focuses exclusively on estate planning and trust administration — nothing else. If you’re looking for a local attorney who actually knows this area and takes the time to understand your situation, you’re in the right place.

Why So Many Marin County Families Skip Estate Planning (And Why That's a Mistake)

People put it off for a lot of reasons. It feels complicated. It’s uncomfortable to think about. Or they assume a simple will is enough.

But here’s the thing: a will alone does not avoid probate in California. It just tells the court what you wanted. Your family still has to go through the probate process, which can take 12 to 18 months, cost 4% to 8% of the estate’s gross value in attorney and executor fees, and make your assets public record.

A revocable living trust avoids all of that. Your assets transfer directly to your beneficiaries after you’re gone. No court. No delays. No public disclosure. That’s why a living trust is the foundation of most solid estate plans in California.

People also often think California community property laws will automatically protect their spouse. Sometimes they do. But not always, and not completely. California’s community property rules don’t cover every situation, especially in blended families, for people with separate property assets, or when a spouse becomes incapacitated rather than passes away.

Don’t assume the default rules will work in your favor. They’re written for general situations, not yours.

What Makes This Practice Different

A lot of estate planning attorneys in the Bay Area treat clients like case numbers. You meet with a paralegal, sign some forms, and never hear from the attorney again.

That’s not how this works.

Matthew W. Harris, Esq., LLM holds both a Juris Doctor and a Master of Laws (LLM) in taxation and estate planning. That advanced degree isn’t just a credential. It means he understands the tax implications, trust mechanics, and California Probate Code at a level that goes beyond the basics. He’s licensed with the State Bar of California and a member of the Marin County Bar Association and the American Bar Association’s Real Property, Trust and Estate Law Section.

More importantly, he’s local. He knows Marin County. He knows what homes cost here, what families care about, and what problems actually come up in practice at the Marin County Superior Court.

This is a boutique practice. You’ll work directly with Matthew. You’ll get his personal attention, not a handoff to staff. And you’ll get a real plan for your actual situation, not a form document with your name inserted.

The practice offers flat-fee estate plans so you know what you’re paying before you start. Conversations are confidential, protected by attorney-client privilege, and there’s no pressure to sign anything during an initial consultation.

What Matthew W. Harris, Esq., LLM Does for You

Revocable Living Trusts

This is the core of most estate plans. A revocable living trust lets you keep full control of your assets during your lifetime. You can change it, update it, or revoke it at any time. When you pass away, or if you become incapacitated, your successor trustee steps in and handles everything according to your instructions. No probate. No court.

Every trust needs to be properly funded — meaning your assets actually need to be transferred into the trust. Many people set up a trust and then never fund it correctly, which means it doesn’t work when it’s supposed to. Matthew walks clients through the entire trust funding checklist to make sure nothing is missed, including real property deed transfers and beneficiary designation reviews for retirement accounts and life insurance.

Irrevocable Trusts

Sometimes people need a trust that provides stronger protection than a revocable trust can offer. Irrevocable trusts are used for asset protection, Medi-Cal planning, reducing estate taxes for larger estates, or providing for a family member with special needs. Once created, they can’t be easily changed, which is what makes them powerful. Matthew can help you decide whether an irrevocable trust makes sense for your situation.

Wills and Pour-Over Wills

A will is still an important part of any complete estate plan. For parents, it’s the document that names a guardian for your children. A pour-over will works alongside a living trust to make sure any assets you forgot to transfer into the trust still end up there, rather than being distributed by the state’s intestate succession rules.

Durable Power of Attorney and Healthcare Directives

What happens if you’re in an accident and can’t make financial decisions? A durable power of attorney names someone you trust to handle your finances. An advance healthcare directive (also called a living will) spells out your medical wishes and names a healthcare agent who can make decisions on your behalf. A HIPAA authorization lets your agent actually access your medical information. These documents matter just as much as your trust, and they’re often overlooked.

Special Needs Trusts

If you have a child or other family member with a disability, a standard inheritance can disqualify them from government benefits like Medi-Cal or SSI. A special needs trust is designed to provide for them without affecting that eligibility. This is one of the most important and most misunderstood areas of estate planning.

Estate Tax Planning and Generation-Skipping Trusts

For larger estates, reducing estate taxes is a real concern. The federal estate tax exemption is currently quite high, but it may change. California does not have a state estate tax. For families who want to pass wealth to grandchildren or future generations without triggering multiple rounds of estate taxes, generation-skipping trusts and charitable remainder trusts can be effective tools. Matthew’s LLM in taxation gives him a deeper level of knowledge in this area than most general estate planning attorneys.

Trust Administration

If you’ve inherited a trustee role after a loved one passed away, you already know how much comes with it. You have a fiduciary duty to the beneficiaries. You need to inventory assets, notify beneficiaries, handle taxes, and distribute property correctly. One wrong step can expose you to personal liability. Matthew works with successor trustees throughout Marin County to make sure the administration process goes smoothly and by the book.

Business Succession Planning

If you own a business, your estate plan needs to address what happens to it when you’re gone or can’t work anymore. Without a clear succession plan, your business partners, employees, and family can end up in conflict. Matthew works with small business owners in San Rafael and surrounding areas to build a plan that protects everyone.

Who This Is For

You don’t have to be wealthy to need a trust. Here’s a short list of situations where estate planning is critical:

  • You own a home in San Rafael, Novato, Mill Valley, or anywhere in Marin County
  • You have minor children and haven’t named a guardian
  • You’re recently married or divorced and your documents are out of date
  • You’re in a blended family with children from a prior relationship
  • You have a child or family member with special needs
  • You’re a small business owner without a succession plan
  • You’re approaching retirement and haven’t reviewed your plan in years
  • You recently inherited money or property
  • You’re a high-net-worth individual concerned about asset protection or estate taxes
  • You just want peace of mind that your family won’t be left dealing with a mess

Sound familiar? Most people who schedule a consultation have at least two or three of these.

Serving San Rafael and All of Marin County

The practice is located in San Rafael, convenient to the 4th Street Corridor, Downtown San Rafael, and the Marin Civic Center area. Matthew serves clients throughout Marin County, including Novato, Mill Valley, Corte Madera, Larkspur, Tiburon, San Anselmo, Fairfax, and Sausalito. In-person and remote consultations are available.

Ready to Get Your Plan in Place?

The best time to do this was years ago. The second best time is now.

You don’t have to figure out what you need before calling. That’s what the consultation is for. Matthew will listen to your situation, explain your options in plain language, and help you understand what actually makes sense for you and your family.

Call today to schedule your free initial consultation with Matthew W. Harris, Esq., LLM, your San Rafael trusts and estates attorney.

Frequently Asked Questions

Yes, if you own real estate in California or have significant assets. A will only tells the court what you want. It doesn’t avoid probate. Any asset in your name alone, with a value over $208,850, will go through the California probate process. A revocable living trust lets your assets transfer directly to your beneficiaries, skipping probate entirely. A will is still useful alongside a trust, but it’s not a substitute.

For most people, a complete estate plan including a revocable living trust, pour-over will, durable power of attorney, and advance healthcare directive takes two to four weeks from the initial consultation to signing. More complex situations involving irrevocable trusts, business interests, or estate tax planning take longer. The most important step is just getting started.

Your estate passes under California’s intestate succession laws. The state decides who gets what. Your assets may go to people you wouldn’t have chosen, or in proportions that don’t reflect your wishes. Your family will also almost certainly go through probate, which takes time and money. If you have minor children and no guardianship designation, a court decides who raises them.

You can, but there are real risks. California trust law has specific requirements. If the trust isn’t drafted correctly, or if it isn’t properly funded, it won’t work when your family needs it. Many people who use online services end up with a document that looks like a trust but doesn’t actually do the job. Attorney fees for fixing a broken trust after the fact often cost far more than getting it done right the first time. The bigger risk is that no one finds out there’s a problem until you’re not around to fix it.

Matthew offers flat-fee estate plans, so there are no hourly billing surprises. The fee depends on what you need — a basic plan for a single person is different from a plan for a married couple with a blended family and a small business. The best way to get accurate information is to schedule a consultation. Many people are surprised by how affordable a well-done plan can be compared to the cost of probate.

Review it whenever something significant changes: a marriage, divorce, birth of a child, death of a named trustee or beneficiary, major change in your assets, or a move to a new state. As a general rule, it’s worth a quick review every three to five years even if nothing major has changed. Tax laws and California statutes change too.

Start by not rushing. A trustee has real legal obligations, and mistakes can create personal liability. You’ll need to notify beneficiaries, inventory assets, handle final tax filings, and eventually distribute the trust estate. Working with an attorney who handles trust administration in Marin County is the best way to protect yourself and make sure everything is done correctly.

LEGAL DISCLAIMER:

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, in any way an attorney-client relationship. Matthew W. Harris, Esq., LL.M is a California lawyer in good standing with the State Bar of California. Matthew W. Harris is admitted to practice only in California. Mr. Harris is not licensed to practice in any other jurisdiction.