Living Trusts, Wills, and Estate Planning
Malachowski and Associates has litigated complex probate issues including loans against future interest taken against inheritance by beneficiaries, joint tenancy issues, successfully asking the court to deem documents nunc pro tunc, where the action has retroactive legal effect, as though it had been performed at a particular earlier time, and overcoming objections to grant petitions.
Our office has also handled contested trust issues involving disputes between trustees and beneficiaries, including objections, real property appraisals and accountings. Malachowski and Associates has drawn up wills, negotiated competing claims in wills contests and worked with clients to integrate trust and wills issues.
A living trust permits the passing of property without any probate proceeding in court. Thus, a living trust often saves on attorney and executor fees and results in a quicker and more efficient settling of the estate.
A trust is a legal arrangement and set of relationships. Whether you should have a living trust depends on the property you own and your personal circumstances.
Should you have a Living Trust?
Once a high-end estate planning device of the rich, living trusts have become common and popular over the past 10-15 years. Probate proceedings in court can be avoided with a living trust, often resulting in large savings in attorney and executor fees and a quicker and more efficient settling of the estate. Whether you should have one depends on the property you own and your personal circumstances.
Contact us for more information:firstname.lastname@example.org or call the Law Office of Malachowski and Associates at 415.983.0717.
Wills and Probate Administration
First, we need to determine whether a probate proceeding is necessary. In some cases where there are no disputes among beneficiaries and the estate is relatively small, it may be possible to distribute the estate outside of probate. As covered in the trust section above, it is possible to avoid probate altogether with a living trust. Also, property held in joint tenancy may be distributed outside of probate.
Probate can proceed whether or not there is a Will. If there is no Will (or the decedent died intestate), the probate court will appoint an administrator of the estate. Like the executor or administrator of the will, the appointed estate administrator will report to the court to ensure that the decedent's financial affairs are resolved and the remainder of the estate is distributed according to the law.
When the decedent has a Will, the Will generally names an executor. The role of the executor is to assist the attorney in determining the decedent's assets, finding potential beneficiaries, wrapping up the decedent's affairs, opening an estate bank account, making necessary payments, paying off creditors, paying taxes, and ensuring the proper distribution of the decedent's property.
To set up an appointment, contact us at email@example.com or call the Law Office of Malachowski and Associates at 415.983.0717.
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|Attorney||Law Office of Malachowski and Associates||2006 - Present|
|Association name||Position name||Duration|
|State Bar of California||Attorney Member||2006 - Present|
|Bar Association of San Francisco||Attorney Member||2006 - Present|
|Mohamed Abouelhassan, Plaintiff, v. The United States of America (U.S. Government)||Settled|
|In re: Candela Family Trust||Settled|
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|San Francisco Attorney Magazine||The Idiots Guide to E-Filing||2014|
|Circuitree||Recycling PCB Etch Increases Productivity||1997|
|Northwestern California University School of Law||Law||JD - Juris Doctor||2004|
|California State University||Natural Resources||MS - Master of Science||1988|
|California State University||Oceanography||BS - Bachelor of Science||1982|
|Legal Seminar on Constitutional Issues||Constitutional Issues - Fourth and Fifth Amendments||2009|