FAQs

Q. What kind of Fees can i expect to build an estate plan?

A. I firmly believe the client gets more out of the entire process when they know up-front the pricing schedule. An estate plan is usually billed as a flat fee, that way the client never feels pressured to keep phone calls or meetings short. These decisions are difficult enough without the pressure of a cold attorney watching the clock. I want to develop a collaborative relationship where the client does not get nailed with add-on charges for asking questions and seeking additional help. For a la carte documents, I offer flexible pricing and payment plans tailored to your specific needs. Finally, I will always discuss pricing with you, in detail, in advance. 

Trust Administration services are typically a flat rate, with the exact fee dependent on your particular needs. Probate representation fees are set by statute and are paid from the estate itself, rather than by you. The statutory fee schedule can be found here.

 Q. WhY SHoUlD I SPEND THE EXTRA MONEY tO SET-UP A Living Trust over a Will?

A. Will or Testamentary Trust, although less expensive than a living trust, provides limited protection for your pet for numerous reasons. First, because a Will/Testamentary Trust only takes effect after your death, your pets are left in limbo should you become incapacitated. Wills also need to be probated, meaning while your pet requires immediate care, the resources you allocated to provide this care can be tied up for months or even years. Also, any instructions pertaining to the standard of care for your pet are unenforceable in a Will. A pet trust ensures uninterrupted care for your pets by a caretaker of your choosing and with enforceable instructions on how your pet should be cared for. You can include preferences for veterinary care, farriers, boarding facilities, and other specifications to ensure your pet maintains a happy and healthy lifestyle in the event of incapacity or death.

Q.I can buy forms online, WHY Do I Need An Estate Planning Attorney? 

A. Estate planning forms are all over the internet, however fill-and-print forms will not properly protect your assets. Effective estate planning documents require careful consideration of each family’s goals, coordinated tax planning, asset protection and end of life planning. As such, estate planning is not a set-it and forget it service, your documents require consistent attention to ensure the assets and wealth you work your entire life to acquire are protected and pass to your beneficiaries as intended.  

Q. I have a Will, What Other Estate Planning Documents Do I need?

A.  A will, especially a fillable form downloaded from the internet or a "will kit" software package,  is often not enough to ensure your assets are fluidly transferred to your heirs in the event of incapacity or death. The state and federal laws that govern wills and the winding up of an estate are very complex; it is better to have an attorney prepare a customized estate plan after reviewing your financial and tax positions. 

Q. When Should I consider setting up a living Trust?

A. There is no set asset level for which a living trust becomes necessary. A living trust can be used for all types of property and offers the broad planning flexibility of a will with asset protection and estate tax benefits that a will does not.  Further, a trust becomes effective upon incapacity and protects your privacy whereas a will only kicks-in when you pass away and becomes public record. In California, probate is an arduous and expensive process so even if you think your estate is relatively simple, a living trust can save your family a lot of time and probate expenses. Besides avoiding probate, a living trust can provide creditor protection for the inheritance you leave to your beneficiaries. 

Q. WHat Type of equine law services do you offer?

A. Equine law can be described as a general practice of legal matters geared towards a particular clientele. Equine law includes all legal aspects of the horse industry and related businesses. Horses are unique in that they can be considered under the law property (personal or livestock), a vehicle, an athlete, an investment and others. Equine law work includes trainers, riders, owners, vets, farriers, associations, etc., in contract law, international law, litigation, insurance, liability and tax. Equine law services include: contract drafting, negotiations, pre-purchase and sales agreements, boarding agreements, disputes and litigation related to horse transactions and injuries, tax and immigration issues for horse industry workers, animal rights matters, liability waivers, insurance fraud, and tax audits.

Q. WHY DO I NEED AN EQUINE LAWYER?

A. One of the most important pieces of advice I can give a client who is horse shopping is to be as proactive as possible. Paper your contracts, hash-out the nuts and bolts prior to transferring the horse. Things in the industry are changing, do not be caught one-step behind because you took something on faith that could’ve been avoided if you had expended the resources up-front to negotiate and execute a valid contract.  Horseback riding is an incredibly dangerous sport, your business and property should be careful to mitigate such risks. Finally, the IRS has substantially cracked down on deducting horse related profit losses, Section 183 audits are becoming increasingly harder to navigate leaving many legitimate horse businesses exposed to substantial tax liability under the hobby-loss rules.