Laughlin Legal official favicon

Estate Planning

Bay Area Estate Planning Attorney

“Sitting down with a client, tracing the evolution of their family and their estate, figuring out how to safeguard what matters most to them, and putting all the pieces of the puzzle in place to make that happen, I love that part of it. It’s about forming and honoring connections. It’s a very consequential, hands-on, client-centered practice area. And that suits me just fine.”

Jubilee Menzies | Trusts & Estates Managing Associate

A Bay Area Estate Planning Attorney on protecting your family assets from probate and disputes.

The Bay Area is still widely considered one of the most desirable places to live in the U.S. Residents cite the natural beauty, moderate Mediterranean climate, cultural sophistication and diversity, and robust job market as among the top reasons to call it home. It’s a chosen home for more than half of its residents who were born abroad or out of state. These are people who make intentional choices, people who are more likely than most to think about life planning, and how they can protect the life they’ve built. 

At Laughlin Legal, estate planning is about life planning as well as death planning. It’s not just about stuff. It’s about planning for you, your chosen family, your dearest friends, your beloved pets. 

Jubilee Menzies is a high net worth estate planning attorney at Laughlin Legal Divorce & Family Law Group in Silicon Valley. Helping clients navigate a complex legal landscape to safeguard their assets from probate, disputes, and other undesirable surprises is what she does best. Here are Ms. Menzies’ answers to just a few of the questions she regularly fields on the topic of protecting family assets for generations to come.

Q       Who needs an estate planning attorney in the Bay Area?

JUBILEE MENZIES    The short answer is everyone. Everyone could benefit from working with an estate planning attorney, no matter the amount of assets they have, because estate planning is not only about preserving assets or transferring wealth, it includes planning to protect minor children in the event that their parents are unable to care for them or both parents pass away. It’s also about planning for your own incapacity. If you get sick and can’t make your own healthcare decisions, your estate plan is where your voice can be honored because you have planned in advance and stated who it is you want to act on your behalf and what types of decisions you’d want them to make. Without that, you’re leaving your own health and financial well-being to the discretion of someone else, and exposing yourself to the need to have a conservatorship which is a much more costly, much more invasive process. So individuals and couples of all wealth levels can benefit from estate planning and working with an attorney to get a comprehensive plan in place.

Q       Is there a Bay Area estate planning attorney who can help me and my family avoid probate and disputes?

JUBILEE MENZIES    Here at Laughlin Legal, we are Bay Area estate planning attorneys who can do both of those things. 

Probate is a court process that transfers assets after death, and it’s public. That means anyone can get access to the court files and read your will, find out what your assets are, and your debts. Whereas if you work with an estate planning attorney, you can plan for a private trust administration process and create a trust-centered plan to protect yourself and your family if you were to pass or become incapacitated and unable to manage your own finances or healthcare decisions. 

That said, estate planning is about so much more than divvying up money after death. Without an estate plan, who’s going to step in and say yes, do the surgery or no, don’t do the surgery? An estate plan is about protecting your family comprehensively and naming the trusted individuals you want to step in to act on your behalf – whether that is family, friends, skilled professionals, whoever those trusted individuals are. A comprehensive estate plan gives you a decision-making toolkit to protect yourself, protect your kids and protect your family.

Q       What can you expect a Bay Area estate planning lawyer to do for you? What sorts of services does an estate planning law firm in the Bay Area provide?

JUBILEE MENZIES    A trusts and estates attorney who’s an estate planner in the Bay Area should have a conversation with you to get to know you and understand you and what your needs are, what your family’s needs are, what your goals are, what you’re passionate about, so they can understand how to help you design a plan that’s going to keep you and your loved ones protected if something ever happens to you and you’re incapacitated, and also protect them after your passing. 

This is not just a routine questionnaire and a boilerplate trust. Your attorney needs to have that conversation and that human connection to understand who you are as a person. Your Bay Area estate planning attorney can help you define some of those values and goals, and maybe look at it in ways you hadn’t considered before. 

When all those questions have been answered, your attorney will draft legally binding documents that are going to put into place all of the different types of decisions and wishes and goals that you have, and that’s typically with a trust, or a will, a power of attorney for finances, an advance healthcare directive which is sometimes called a medical power of attorney, and any property deeds if you own real estate. We’d put all that into your trust so that the same people who you have named to accomplish your goals if you’re unable to, can also be in charge of your house or real estate.

Next, you’ll get drafts of all of your legally binding documents for you to review. And if you have questions, we don’t charge you for answering them. Some attorneys will charge you if you ask questions but we bundle all of the services, all of the costs, and recording fees and notarization fees, all of it in a one-time upfront fee, no hidden fees or expenses, and we give you access to the attorney to have those full, robust conversations. 

Finally, we execute your estate plan, which means sign, notarize, and witness. At Laughlin Legal, we do the notarization and witnessing of the will in-house with a California notary. Sometimes you’ll get attorneys who only offer virtual notarization with an out-of-state notary unfamiliar with California laws and requirements. We also do property deeds as part of our packages. Sometimes other attorneys don’t prepare and record property deeds, like the trust transfer deed, as part of their estate planning. For the sake of transparency and convenience, we do flat fee estate planning that includes the attorney meetings on foundational estate planning for mid wealth, non taxable estates. And you don’t pay extra for attorney time, advice, or answers to your questions. You can have full conversations and access to your attorney without watching the clock. We think that’s important.

Sometimes people wonder whether the same attorney who helped them create an estate plan will also help their trustee put the plan into effect when it’s needed. The answer is: it depends! Some estate planners only do planning, and you need to find a new to have the trust administered. Not so with us. At Laughlin Legal, our trusts and estates attorneys do both planning and estate administration.

A revocable trust is often administered two to three times during its lifetime. For an individual, it would be administered if they were ever incapacitated, and then it needs to be fully administered after their passing. For a married couple, it may be administered up to three or four times –  potentially after the incapacity of each spouse, and then after the death of the first spouse, and after the death of the second spouse. And for high net worth individuals, they often have generational trusts or legacy planning that may need trust administration through the lifetime of their children or grandchildren. So it can be a process where the same trust is administered multiple times over different multiple years for different reasons.

Q       Is a Bay Area estate planning attorney different from a San Mateo estate planning attorney or Silicon Valley estate planning attorney? Does estate planning in the Bay Area differ from county to county?

JUBILEE MENZIES    Estate planning laws are state-specific, not county-specific. So if you live in the state of California, you’re looking for an estate planning attorney who is licensed in California to do your plan. 

Having said that, in the Bay Area, there are often nuances. It can be very helpful to have an attorney who’s familiar with Bay Area culture and typical asset profiles that a lot of mid-wealth and high net worth individuals and families tend to have in the Bay Area, things like multiple properties, or perhaps an LLC for a rental property, or more complex assets such as complex deferred compensation plans. We work in all nine Bay Area counties and throughout the state of California.

Q       How should someone choose a Bay Area trust and estate attorney? What qualities should they look for?

JUBILEE MENZIES    Estate planning often involves having deeply personal conversations about health and wealth and delicate family matters. It can be hard talking about money, right? And you’re only going to get the best estate plan by having a full, very personal conversation. So for that reason, you need to be working with someone you feel comfortable with, someone you feel you can trust. 

You also need to feel that you’re respected, that you’re heard, that both of you are heard if you’re designing an estate plan as a couple. You definitely don’t want an attorney who’s just listening to one of you. And you also want someone who is competent and experienced, and not relying on a boilerplate trust for every type of client who walks through the door. They should have multiple planning tools available, offer you options, and tailor a plan to your specific needs and goals. 

And finally, it’s essential that they understand the nuances of complex family systems and dynamics, as well as the nuances of complex assets. 

It’s a lot. And it should be, because an estate plan can be extremely consequential for a family. It controls who protects your minor children, who looks after your property, who makes medical and financial decisions for you and your children if you’re incapacitated. You do not want to get it wrong!

Looking for the best estate planning attorney in the Bay Area? Let’s talk.

Click here to schedule your complimentary 20-minute consultation.

MEET OUR BAY AREA ESTATE PLANNING ATTORNEYS

PRACTICE AREAS
PRACTICE AREAS

Terminology

A legal document spelling out the wishes of a person after they die: who they’d like to care for their minor children, how their property and assets should be liquidated and/or distributed, and who should be in charge of following through on the instructions in the will.

A person who is identified in the will of a deceased person to pay their debts, liquidate and/or distribute their assets to their assigned beneficiaries, and close their estate.

A court process to validate a deceased person’s will, appoint an executor if one is not identified in the will or an administrator if there is no will, pay debts, and inventory and distribute the assets.

A person or an organization who agrees to be legally and ethically obligated to act in the best interest of another person.

A legal document identifying someone who is trusted – the “agent” – to act on behalf of the person granting the power – the “principal.”

The person who initiates and owns a trust.

The person assigned to be the manager of the property or assets in a trust.

The person who is designated in a will or a trust to inherit property or other assets upon the passing of the owner.

A legal agreement to safeguard property or assets that can be amended or cancelled while you’re alive.

A legal agreement to safeguard property or assets that cannot be amended or cancelled while you’re alive without either a court order or permission from the beneficiaries.

Case Story

An
Estate Planning Attorney on a Multigenerational Estate Plan

Multigenerational family takes many different forms in the Bay Area. For instance, two happy, hard-working and well-traveled clients of ours initially came to us as unmarried partners moving in together and looking to get a plan in place to be able to take care of each other and be each other’s decision makers if anything ever happened. We created individual estate plans that allowed each of them to provide for his partner. And as their family and goals changed, we’ve remained a constant they can turn to. 

Several years later, they went ahead and got married but had also bought real property along the way. So we revoked the individual plans and crafted a joint estate plan to protect their home and two condos and also did some business planning to create an LLC for each rental property. 

A year later, one spouse’s father began showing signs of cognitive decline and was diagnosed with Alzheimer’s. We helped his wife and him get a protective estate plan in place so they’d both be looked after and ultimately their assets would pass on to their 3 grown sons while setting aside some of their funds in supplemental needs trust for their granddaughter with special needs and an educational trust for each of their other three grandchildren. 

Years passed, and my original clients came back to revise their estate plan to set up pet trusts for their two fur babies, Thelma and Louise, and identify specific charitable interests for the rest of their estate.

And we’ll be here for their next chapter and ultimately to administer the trusts we’ve helped them create. When that time comes, we not only bring our legal expertise and knowledge of estate administration, but a knowledge of the family, their history and their dynamics that many of our clients find equally, if not more, valuable. That familiarity helps us guide our clients through difficult transitions with compassion and continuity. 

in our opinion

Next Step

If you’re searching for an estate planning lawyer near me in the Bay Area, look no further.

Laughlin Legal Divorce & Family Law Group is a premier estate planning law firm Bay Area with a collection of highly skilled estate planning attorneys. Laughlin Legal’s attorneys are trusted throughout California for their ability to understand and secure their clients’ needs and values, and help divorcing parties achieve a better outcome for a better tomorrow.

Call us at 650.343.3486 to schedule your FREE 20-minute consultation. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.

Let’s get started.

The FOREFRONT A divorce & family law blog

California has had a powerful impact on the evolution of the legal landscape of the nation as a whole. Third Party special needs

What is a Transmutation? A “transmutation” is a postmarital transaction between spouses by which the character of real or personal property is changed

If you have already gifted your home or other real estate to your child during your lifetime, you likely did so with the

You have rights.

Let’s talk about your options.

Schedule a consultation with one of our lawyers.

By providing a telephone number and submitting this form, you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. Privacy Policy Reply HELP for more information. You can reply STOP to opt out of further messaging.

LAUGHLIN LEGAL Divorce & Family Law Group   650.343.3486   info@LaughlinLegal.com
Hablamos espanol | Mowimy po polsku | Мы говорим по-русски

“I got my son back! She negotiated nothing short of a miracle.”
“Really high integrity, really high advocacy”
“I knew she was going to kill it in court. And she did.”
“GREAT thought partners."
“They're like freedom fighters ."
Want to feel confident
about your future?

LAUGHLIN LEGAL Divorce & Family Law Group | You’ve never been better protected.
Serving clients in San Mateo, Santa Clara, San Francisco, Alameda & Contra Costa counties, as well as across the country and around the world.