Trusts and Estates

Atchison, Barisone, Condotti & Kovacevich

Our Diverse Law Firm in Santa Cruz Meets a Wide Variety of Legal Needs

Estate planning is for everyone. This includes business owners and individuals who seek disposition of their assets in accordance with their wishes in favor of their intended beneficiaries such as a spouse, children, siblings, or favorite charitable organization. It is critically necessary to plan and put legal protections in place to prepare for death or incapacitation. You may have a will or living trust, but are not sure if it's up to date or appropriate for California. Your will may need to be updated after a marriage, divorce, adoption, or birth of a child.

Schedule a consultation regarding trusts, estates, powers of attorney, or health care directives at our law firm. Contact us by phone or email to schedule a consultation with our estate planning attorney. We can meet at our downtown Santa Cruz location, or in special circumstances, in your hospital, nursing home, or home.

Our experienced, personable, and knowledgeable estate planning lawyers are well qualified to help with a variety of needs associated with estates and trusts, including the following:

  • We help families make a will
  • We advise clients on the different types of wills
  • We help set up revocable or irrevocable trusts
  • We help families through the probate and/or trust administration process after the death of a family member
  • We help families navigate taxes after a death
  • We prepare, interpret, and assist with enforcement of prenuptial agreements as they pertain to estate planning
  • We prepare powers of attorney
  • We represent people bringing or defending will contests
  • We advise clients on ways to avoid contests of their wills
  • We help clients articulate and document wishes through health care directives regarding medical care

Trust Administration

A revocable living trust is an important part of an estate plan for most clients. You do not relinquish control of your assets ad property. You will usually be the initial trustee. For married couples, the surviving spouse is usually the successor trustee. You appoint your successor trustee, so you have confidence that it is someone you trust.

Unlike probate, the administration of a trust is a private and confidential matter. It therefore keeps your financial affairs private. Ownership passes to your appointed successor trustee at your death, so assets held in a trust do not have to go through probate.

Like a will, a living trust includes detailed instructions and you can make provisions for spouses, children, charities etc. You can set limits and terms for gifts to children. For young children, the trust can hold their inheritance and the trustee will administer it for the benefit of the children until the children meet the age that you determine appropriate for distribution to them.

Unlike in an irrevocable trust, you can change the trust in any way you like during your lifetime, including revoking the trust.

During your lifetime, no separate fiduciary income tax return will need to be filed. You will report any income from the trust on your individual income tax return. For more questions in regards to trusts, estates and probates, we can refer you to an experienced CPA.

We help families with administering the terms of a trust. Barbara Choi has the expertise to help you successfully administer any trust, including:

  • Successor trustees
  • Property division and distribution
  • Tax assistance
  • Management and investment issues
  • Record keeping and accounting
  • Creditor issues

Ms. Choi will review the trust to find out what assets and property are held in the trust and to ensure that tax advantages are being maintained. To legally transfer ownership of property held in the trust to beneficiaries, she can prepare deeds for real estate and determine the assignments of real property.

Contact our estate planning law firm by phone or email to establish a mutually convenient meeting time in our downtown Santa Cruz location, or in special circumstances, in your hospital, nursing home, or home.