Trusts and Estates Attorney in Mill Valley, CA | Law Office of Matthew W. Harris, Esq., LL.M

If you own a home in Mill Valley, chances are your estate already exceeds California’s probate threshold. That means without a proper plan, your family could be stuck waiting months or years — and spending tens of thousands of dollars — just to get access to what you left behind.

At the Law Office of Matthew W. Harris, Esq., LL.M, we help families in Mill Valley, Marin County, and throughout the San Francisco Bay Area protect what matters most. Whether you need a revocable living trust, a will, help after a loved one passes, or guidance through a conservatorship, we’re here to make the process clear and straightforward.

Why Mill Valley Families Need a Trusts and Estates Attorney Now

Here’s something most people don’t realize: California probate kicks in for estates valued at just $184,500 or more. With median home prices in Marin County sitting around $1.3 million, nearly every homeowner in Mill Valley faces probate if they don’t have a trust in place.

Probate is public. It’s slow. And it’s expensive. Court fees, attorney fees, and executor fees can easily consume 4-8% of your gross estate value. For a $1.3 million home, that’s over $100,000 gone before a single dollar reaches your children or grandchildren.

A well-drafted revocable living trust keeps things private, out of court, and in the hands of the people you choose. That’s not a luxury for wealthy families. That’s basic protection for anyone who owns property in Marin County.

We serve families across Mill Valley, including neighborhoods like Blithedale Canyon, Strawberry Village, Homestead Valley, Scott Valley, Alto-Sutton, Sycamore Park, and Tam Junction. Whether you live up in the hills near Mount Tamalpais or closer to downtown near Lytton Square and Throckmorton Avenue, the need for a solid estate plan is the same.

What a Complete Estate Plan Looks Like

Most clients leave with a plan that includes:

  • Revocable living trust (the core document)
  • Pour-over will with guardian nominations
  • Durable power of attorney for finances
  • Advance health care directive
  • HIPAA authorization
  • Deed transfer (so your home is actually in the trust)
  • Beneficiary designation review (retirement accounts, life insurance)
  • Letter of instruction for your successor trustee

We work closely with your CPA, financial planner, and other advisors to make sure everything fits together. An estate plan that doesn’t coordinate with your beneficiary designations or retirement accounts can create real problems — and we’ve seen it happen.

Our Trusts and Estates Services

Revocable Living Trusts

This is the cornerstone of most California estate plans. A revocable living trust lets you stay in control of your assets during your lifetime. You can change it, add to it, or revoke it entirely if your situation changes. When you pass away or become incapacitated, your named successor trustee steps in — no court, no delays, no public record.

We handle everything from drafting the trust to funding it, which means actually transferring your home, bank accounts, and investments into the trust’s name. A trust that isn’t funded is just a piece of paper.

Irrevocable Trusts

Sometimes a revocable trust isn’t the right tool. If you’re thinking about Medi-Cal planning, estate tax reduction, asset protection for beneficiaries with special needs, or generation-skipping transfers to grandchildren, an irrevocable trust may be the right fit. We’ll walk you through the trade-offs honestly so you can make an informed choice.

Wills and Pour-Over Wills

Every estate plan needs a will. For most clients with a living trust, this is a “pour-over will” — a backup that captures any assets accidentally left out of the trust and funnels them in. We also handle standalone wills for people who want a simpler plan.

Durable Power of Attorney and Advance Health Care Directive

What happens if you’re hospitalized and can’t make financial or medical decisions? Without these documents, your family may have to go to court just to pay your bills or make care decisions on your behalf.

A durable power of attorney for finances lets your chosen agent manage your financial affairs. An advance health care directive spells out your medical wishes and names someone you trust to carry them out. These two documents alone can save your family enormous stress.

Guardian Nominations

If you have minor children — or even pets — this is non-negotiable. A guardian nomination tells a court who should care for your children if something happens to you. Without it, a judge decides. We include guardian nominations as part of every family estate plan.

Trust Administration

When a loved one passes away and leaves a trust behind, the successor trustee has real responsibilities: notifying beneficiaries, inventorying assets, paying debts, filing tax returns, and distributing the estate. We guide trustees through every step so nothing gets missed and no one faces personal liability.

Trust Disputes

Sometimes a trust is contested. Beneficiaries disagree. A trustee isn’t doing their job. Someone suspects undue influence or financial elder abuse. We handle trust disputes and litigation in California Superior Court, standing up for your rights as a beneficiary or defending a trustee acting in good faith.

Probate

If a loved one passed away without a trust, we guide families through the California probate process at the Marin County Courthouse in San Rafael. It’s not fast or cheap, but we make it as smooth as possible and keep you informed every step of the way.

Conservatorship

When a family member can no longer manage their own finances or care for themselves due to age, illness, or injury, a conservatorship may be necessary. We help families understand when this is the right step and handle the court process with care.

Elder Abuse Protection

Financial exploitation of older adults is far more common than most people think. We help families recognize the signs and take legal action when a family member has been victimized.

Why Work With Matthew W. Harris

Matthew W. Harris is not a general practice attorney who occasionally drafts wills. This is all he does.

He earned his Juris Doctor graduating in the top 5% of his class, received the American Jurisprudence Award in Estates and Gift Tax, and holds an LL.M (Master of Laws) in Estate Planning, Trust, and Probate Law from Golden Gate University School of Law — one of a small number of attorneys in Marin County to hold this advanced degree specifically in this field.

Before starting his own practice, he spent over five years working alongside “Super Lawyer”-rated estate planning and elder law attorneys in the Bay Area, gaining hands-on experience in complex trust drafting, probate administration, conservatorships, and elder abuse litigation.

He’s also a Marin County resident. He lives here, coaches his daughter’s softball team, volunteers to feed the homeless, and knows this community well. This isn’t just where he works — it’s home.

Professional memberships include:

  • California State Bar, Trusts and Estates Section
  • American Bar Association, Estate Planning, Probate and Trust Committee
  • Marin County Bar Association, Probate and Estate Planning and Elder Law Sections
  • Contra Costa Bar Association, Elder Law Section
  • Elder Law Attorney Practice Group (ELAP)
  • ABA Section of Real Property, Trust and Estate Law
  • National Academy of Elder Law Attorneys (NAELA Friends)
  • Marin County Bar Association Mentor Group

He holds a perfect 5.0 rating on Avvo with verified five-star client reviews. California State Bar in good standing.

Serving Mill Valley and All of Marin County

Our office serves clients throughout the San Francisco Bay Area, with a focus on:

Mill Valley, CA — including Blithedale Canyon, Strawberry Village, Homestead Valley, Tam Junction, Scott Valley, Alto-Sutton, and Sycamore Park

Surrounding communities: San Rafael, Larkspur, Sausalito, Tiburon, Corte Madera, San Anselmo, Fairfax, Novato, Greenbrae, and Walnut Creek

Easily accessible via Hwy 101. Just across the Golden Gate Bridge from San Francisco.

Ready to Protect Your Family?

Most people put off estate planning because they think it’s complicated, expensive, or something they can deal with later. But if something happens to you tomorrow without a plan in place, it’s your family that pays the price — not you.

A proper estate plan takes a few weeks. The peace of mind lasts the rest of your life.

Contact the Law Office of Matthew W. Harris, Esq., LL.M to schedule a consultation. We serve Mill Valley, Marin County, and the greater San Francisco Bay Area.

Frequently Asked Questions

For most Mill Valley homeowners, a will alone isn’t enough. California probate applies to any estate worth more than $184,500, and almost every Marin County homeowner is above that line. A will still goes through probate — it just tells the court what you wanted. A trust, on the other hand, keeps your estate out of court entirely (as long as it’s properly funded). If you own real estate in California, a revocable living trust is almost always the smarter choice.

Funding means actually transferring your assets into the trust’s name. For your home, that means a new deed. For bank accounts, that usually means updating the account title. For investments, it means changing ownership with your brokerage. A trust that’s never funded doesn’t avoid probate — it’s just a legal document sitting in a drawer. We handle the funding process for you and make sure it’s done right.

Most estate plans are completed within two to four weeks from your initial consultation. We start with a conversation about your family, your assets, and your goals. From there, we draft your documents, review them with you, and schedule a signing appointment. It’s not as complicated or time-consuming as most people expect.

Without a durable power of attorney and health care directive, your family may have to go through a conservatorship proceeding — a court process — just to manage your affairs. This can be emotionally draining and expensive. These two documents are inexpensive to put in place and can save your family enormous hardship. Every estate plan we create includes them.

Yes. A revocable living trust can be amended or restated at any time while you’re alive and have mental capacity. Life changes — marriages, divorces, new children, deaths in the family, major asset purchases — and your estate plan should keep up. We recommend reviewing your plan every three to five years, or whenever something significant changes.

If you’ve been named a successor trustee, you have real legal responsibilities: notifying beneficiaries within 60 days under California law, inventorying assets, paying valid debts, and distributing the estate according to the trust’s terms. Getting this wrong can expose you to personal liability. We guide successor trustees through the entire trust administration process, step by step.

This is a serious concern, and it happens more than most families expect. If you believe a parent or grandparent was subjected to undue influence, coercion, or financial elder abuse — either by a family member, caregiver, or other person — there are legal remedies available. We handle trust disputes and elder abuse matters in California Superior Court. The sooner you act, the better.

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.