Trusts and estate plans fall within a complex area of law that often leads to disputes, which sometimes need to be settled in court. Finding an experienced trust attorney in San Jose, CA, is vital when this is the case.
At Von Rock Law, our skilled lawyers are ready to protect your interests. We’ve been helping trustees and beneficiaries for years and are prepared to do the same for you. Our experienced attorneys are well-versed in California trust and estate laws, meaning you can rest easy knowing your case is in good hands.
Trying to navigate the trust and estate process on your own is a challenging task. It’s beneficial to hire an expert to guide you through the process. A few of the services our compassionate and competent attorneys can assist with include:
At Von Rock Law, we understand that each case is unique and has its intricacies. We dedicate sufficient time, energy, and resources to each client, which is why we provide our trust administration services on an hourly basis.
As a trustee, you are responsible for a number of legal duties because trustees are the designated individuals accountable for distributing trust assets to the beneficiaries. Therefore, regarding California law, trustees need to act in the best interests of all parties and exercise due care when distributing assets. Since this can be an overwhelming task, we are here to help. Our trust attorneys will work with you to ensure you comply with California law and fulfill your duties.
Our skilled professionals are also here to assist beneficiaries. If a trustee fails to satisfy their obligations, the beneficiary must take action. If you’re a beneficiary in this position, our attorneys can help you determine the most suitable remedy. At times, this may include the removal of the trustee.
If you would like to change the provisions of a trust, you will also need to file a lawsuit. Our trust attorneys in San Jose, CA, will work with you to petition the court to have the trust modified or canceled. Furthermore, our knowledgeable lawyers will provide legal assistance whether you need your case settled in or out of court. Primarily, we will aim to ensure your case is settled outside of court, as we understand that the last thing you want to do after losing someone is go to court and deal with the stress it brings along.
Our knowledgeable and experienced trust attorneys have represented trustees and beneficiaries in San Jose, CA, for many years. Therefore, whether you’re dealing with a trust administration dispute or litigation, you can count on us to fight for your rights! Contact us today at (866) 720-0195 to schedule a free consultation with one of our legal experts.
In short, yes. Death is unavoidable. An estate plan protects not only your family and assets, but will also give you peace of mind that your assets will be properly managed when you are gone.
An estate plan created by Von Rock Law is a solution to protecting and preserving your estate in the case that you die or become incapacitated. It contains the following legal documents:
A legal document that places some or all of your assets in the control of a trust during your lifetime
A legal declaration of a person’s wishes regarding the disposal of their property or estate after death
A durable power of attorney refers to a power of attorney which typically remains in effect until the death of the principal or until the document is revoked. A durable power of attorney, the durability of which must be explicitly stated, remains valid even in the event the principal is unable to make personal decisions due to incapacity.
A legal document that explains how you want medical decisions about you to be made if you cannot make the decisions yourself. An advance directive lets your health care team and loved ones know what kind of health care you want, or who you want to make decisions for you when you can’t.
An estate plan not only ensures your family and assets are protected in the case you die or become incapacitated, but it also helps your estate avoid being subjected to probate, a long and costly process.
Our Custom Estate Plan is a comprehensive trust-based estate plan which is appropriate for most estates including those with minor children or other minor beneficiaries, for those requiring protections for beneficiaries and for blended families. This estate plan works toward eliminating probate court proceedings, appointing successors to manage the Trust after your death, and directs the distribution of your assets.
One 30 minute consultation meeting by telephone, video conference or in person
Revocable Living Trust
Certification of Living Trust
Last Will & Testament **
Durable Power of Attorney **
Advanced Health Care Directive **
Authorization of Release of Medical Records (“HIPAA”) **
Assignment of Personal Property **
Personal Property Memorandum **
Trust Transfer Deed (one property)
Recording Deed with county recorder
One opportunity to request edits to above documents with respect to client-provided information
Recording fees included
Preliminary Change of Ownership Report
Final signing meeting
Complete instructions regarding plan
Notary fees included
Personalized estate planning binder with all original documents
Digital PDF copies of your entire plan
Additional Deeds with ancillary documents and recording fees begin at $1000 for California properties and for out of state US properties, subject to confirmation of non-California recording fees.
Up to five hours with our staff for emails, phone calls, zooms or in person meetings to address your questions regarding the maintenance of your estate plan, funding, coordination with agents, potential amendments, family meetings or other ongoing trust maintenance concerns.
A 5% discount on billable matters for which you may further retain us, such as drafting additional plan documents and amendments, or for another practice area.
Deluxe custom estate plans are appropriate for individuals with substantial assets and sophisticated planning needs, and who require estate tax planning features for estates exceeding the estate tax threshold of $12,060,000 for individuals or $24,120,000 in community property for married couples. These plans include all of the offerings of the Custom Estate plan, but will also address such circumstances such as complicated blended families, citizenship issues, multiple real estate holdings, multiple beneficiary designations, integrated special needs trusts, or otherwise more sophisticated distribution plans.
We are offer a college care plan that will allow parents to still be able to act for their 18+ children for medical, financial and legal purposes, and to distribute the child’s assets should the child pre-decease the parent. This plan includes a Durable Power of Attorney, Advance Health Care Directive, HIPAA and Simple Will which identifies not more than two beneficiaries with outright inheritance. Further, this plan includes a generic FERPA Consent Form that will authorize parents to communicate with a college regarding the student’s classes, transcripts, grades and more. Many educational institutions will have their own forms for this Consent which may be required, but if not, our standard form should be accepted.
This plan includes a 30 minute consultation and the cost of online notary fees arranged by this office. Digital and paper copies of the plan documents will be provided.
Estate Plan revisions are provided on an hourly basis and estimates of the projected cost are provided to the client before work commences. Simple revisions to Estate Plans are often in the 2 – 3 hour range, with more complex revisions taking longer, bearing in mind that each circumstance is unique.
PLEASE NOTE – We will not amend plans that we did not draft. We will prepare re-statements of Trusts and new documents for planning documents we did not generate.