Marin Estate Planning Attorney

I am sending you this important legal advisory about estate planning, a critically important topic that applies to every California adult.  Simply put, too many California adults do not have an estate plan in place in the event of their untimely incapacity or death. This means that far too many California adults and their families (including pets) are not protected.

Life is short, incapacity cases are on the rise, and death is certain.  So what are YOU doing about it?   Did you know that if you:

• Become incapacitated without an estate plan, a conservatorship proceeding may be commenced in court, perhaps costing your estate thousands of dollars in attorneys fees and court costs.

• Have minor children and you were rendered incapacitated without an estate plan, a guardianship may be commenced in court to take care of your children and perhaps costing your estate thousands of dollars in attorneys fees and court costs.

• Die without an estate plan, a probate proceeding may be commenced in court, perhaps costing your estate thousands of dollars in attorneys fees and court costs.

Life is both precious and unpredictable.  At the Law Office of Matthew W. Harris, we provide individualized attention to our clients, couples, and their families by creating customized comprehensive estate planning packages.  A typical estate plan package contains the following instruments:

• Table of Contents

  • Revocable Living Trust
  • Durable Power of Attorney
  • Advance Health Care Directive
  • Pour-Over Will
  • Trust Transfer Deed
  • Certification of Trust Instrument

  Revocable Living Trust

  – A revocable living trust is a popular estate planning tool that can serve useful property management functions during your lifetime, possible incapacity and subsequent death. A trust partially substitutes for a will. With a living trust, your assets (your home, bank accounts and stocks, for example) are put into the trust, administered for your benefit during your lifetime, and then transferred to your beneficiaries when you die.  Most people name themselves as the trustee in charge of managing their trust’s assets. This way, even though their assets have been put into the trust, they can remain completely in control of their assets during your respective lifetimes.

• Durable Power of Attorney

  – A durable power of attorney for finances is an instrument that gives authority to a third party, the “attorney-in-fact” to sign and act on behalf another person, the “principal.” The word “durable” means that the power of attorney survives the incapacity of the client.

• Advance Health Care Directive

  – An advance health care is a written document designating an agent for health care decision making in the event of a person’s incapacity. An advance health care directive is an excellent document to address your medical concerns in the event of incapacity, and end-of-life decision making.

• Pour-Over Will

  .-A “pour-over” is a catch-all document that “pours” non-trust assets to your revocable living trust that were not transferred to the trust. If most of your assets are properly titled in the name of your trust, then your “pour-over” will not take effect and your will not have to be probated.  The “pour-over” will only take effect if your non-trust assets exceed $150,000.

• Trust Transfer Deed

  – A trust transfer deed legally transfers real property to the trust instrument.  By way of example, if I created a revocable living trust, my trust transfer deed will change legal title to my property from Matthew W. Harris, to Matthew W. Harris, Trustee of the Harris Family Trust.

• Certification of Trust Instrument

  – A certification of trust is a document that establishes the valid existence of the trust and summarizes the relevant provisions of the trust so that a bank, realtor or other third person may rely on it with respect to a certain financial or real estate transactions. This document protects the private provisions of your trust from being disclosed to third parties.

The Law Office of Matthew W. Harris provides free estate planning consultations.  If you or a loved one needs a personalized comprehensive estate plan, call the Law Office of Matthew W. Harris at (415) 521-5610, or please feel free to stop by at 55 Mitchell Boulevard, Suite 15, San Rafael, California 94903.