Timothy James Chambers

The Law Offices of Timothy J. Chambers represents fiduciaries, beneficiaries, and other individuals in all types of trust and estate litigation. Most of the firm's cases are in Marin, San Francisco, and Sonoma Counties. However, the firm has handled notable cases all over the State of California, including cases in Ventura and Los Angeles Counties. Clients get the benefit of combined expertise in not only litigation, but estate planning and tax controversies. Knowledge of all three of these practice areas an essential part of negotiating a settlement with proper regard for the tax ramifications required for a beneficial settlement. Particular matters handled by the firm include:

*Contests challenging a will or trust based on lack of capacity or undue influence.

*Proceedings challenging invalid gifts to caretakers or other prohibited beneficiaries made by vulnerable elders pursuant to Probate
Code section 21350.

*Actions to remove trustees, surcharge trustees for mismanagement of assets, and to challenge trustee's fees.

*Proceedings to interpret ambiguous or inconsistent terms in wills or trusts.

*Establishing entitlement to estate or trust property based on marital rights, service agreements, or contracts to make a will.

*Claims of elder financial abuse.

Probate

Probate refers to the process that is necessary when an individual dies leaving a will providing for the disposition of their assets, or when a person dies "intestate," meaning, without leaving any will at all. If you anticipate going into probate court as an heir, a family member with a claim, as a creditor, or as the designated executor in the will of a deceased person, you will want to do so with an attorney familiar with California probate law. The procedures outlined in the California Probate Code are designed to ensure that creditors of a decedent are paid, and that the decedent's assets are distributed according to the decedent's wishes, or if there is no will, according to the laws of intestacy as set forth in the Probate Code. The process begins with the filing of a petition to admit the will to probate, and to appoint a representative for the estate. There are several steps which must be taken after the filing of the petition, including publishing notice to creditors, filing an inventory and appraisal, and filing accountings. The probate system is complex, and depending on the assets in the estate, other experts such as appraisers and CPAs may need to be involved. The Law Offices of Timothy J. Chambers has handled estates all over the State of California. As the attorney for the estate we can take the burden of doing the work off of the representative, and ensure that the estate is closed as efficiently and as quickly as possible.

Probate

The Law Offices of Timothy J. Chambers can assist you with navigating the complex process of administering a revocable living trust after the death of one or both of the settlors of a trust. Administering a trust requires knowledge of the law and attention to detail. Our firm can assist with not only drafting and funding trusts, but also with the steps of trust administration that begin when the first spouse of a two settlor trust dies - dissolving the original trust and creating two or three trusts in which to transfer property, depending on the terms of the trust. With the assistance of appraisers and tax consultants our firm can advise you about what trusts to create and what property to transfer into them. The CPAs that we work with can accommodate the income tax or accounting issues that may arise related to these newly created trusts. When the second spouse passes away, we can provide assistance regarding interpretation of trust documents, preparation of accountings, and protecting acting trustees by making sure that their job is done properly so that exposure to claims of breach of fiduciary duty is avoided.

Many people think that an attorney-drafted estate plan is only necessary for large estates. While avoidance of estate taxes is one goal of a well drafted estate plan, an estate plan accomplishes several other important goals that benefit individuals and families regardless of the amount of assets. These include an orderly disposition of assets upon death according to a person's wishes and with a minimum of expense, appointing agents to make health decisions and manage finances if an individual is incapacitated, appointment of guardians for minor children, and minimizing transfer taxes other than estate tax such as gift taxes and property tax reassessments. These various goals are accomplished through the preparation of wills, trusts, advance health care directives, and durable powers of attorney for legal affairs.

There are 40 attorneys listed in the Estate, Trust and Probate section of the Attorney Specialty Listings in the Marin County Bar Association Directory of Attorneys, and there are probably at least another 40 attorneys practicing in the area in Marin County who are not included in that particular listing. With so many attorneys to choose to draft your estate plan, why choose the Law Offices of Timothy J. Chambers?

Combined Experience
Timothy J. Chambers also practices in the areas of trust and estate litigation, and probate and trust administration. This means we have dealt with have seen what can go wrong with wills, trusts, and powers of attorney. We also practice in the areas of probate and trust administration, which means that we know how your will or trust will be implemented when the time comes. This combined experience means that the assistance we will provide to you in thinking through your estate plan is informed by a wide range of knowledge about the different things that can happen to your plan.

Cost
You will find that prices for preparation of estate plans will vary widely. We bill hourly for preparation of our estate plans, we do not charge flat fees or otherwise try and earn any "premium" on document drafting. We always have an eye on keeping costs low for the client by staying in communication with the client during the drafting process and offering clients the simplest means to accomplish their planning goals. Our experience has shown that we deliver real value to our clients in terms of how much they end up paying for their plans.

For further information, please feel free to give the office a call for a free consultation @

Tax Controversies