Probate and estate planning is a specialized area of practice that is governed by separate statutes and rules than other areas of practice. It is also an area with many sub-specialties. My office is a full service probate and estate planning firm. By limiting my areas of practice to probate and estate planning matters, I believe I can provide better quality representation in a more cost effective manner. I assist my clients in the following areas:
Estate planning: I work with families to provide security and certainty when transferring their assets to their loved ones. This process can be accomplished through a number of different documents.
Living Trusts: A trust is a document that states who you wish to receive your assets at death and who you entrust to carry out those wishes. Trusts, also called living trusts or revocable trusts, can offer a variety of benefits such as avoiding probate, minimizing estate tax liability and permitting the management of your assets if you become incapacitated.
Wills: Much like a trust, a will designates the beneficiaries of your estate, who you entrust to carry out those wishes and, if you have minor children, nominate guardians to protect their interests if you pass away when they are still minors. While a will must be probated to transfer your assets, the oversight provided by the probate court can sometimes prevent the type of fiduciary problems that sometimes arise with living trusts.
Durable Powers of attorney: Powers of attorney nominate an agent to manage your affairs if you ever become incapacitated. A financial power of attorney permits your nominated agent to step into your shoes financially during your incapacity. A medical power of attorney, also called an advance directive or living will, permits you to both commemorate your health care wishes in writing while also nominating an advocate to represent your interests if you're incapacitated.
Probate administration: When a person passes away with a valid will (instead of a trust) or when they die intestate (i.e., without a will or trust), a probate may be required to settle his or her estate. Probate authorizes an estate representative to gather and protect assets, settle debts and distribute the estate to the deceased person's heirs and beneficiaries. I have substantial experience assisting executors and administrators through this often confusing process.
Trust administration: While trusts are often established to avoid the costs and delays of probate, your successor trustee--the person you've named to carry out your wishes-will require the proper guidance to carry out the trust in proper and expedient manner. Proper notice must be given to beneficiaries. The successor trustee may require assistance when collecting and preserving assets, transferring title and paying taxes and creditors. Failure to carry out these tasks properly can result in a breach of the trustee's duties and possible legal recourse from trust beneficiaries. I've represented many trustees to ensure that they perform their duties in an effective and proper manner.
Conservatorships: A conservatorship is a court supervised proceeding that appoints a person to manage the personal and financial affairs of an elderly or incompetent adult. Conservatorships can be heavily contested matters when a dispute arises over who should be appointed conservator. However, when a conservatorship is carried out properly, it can offer significant protection and quality of life for the person who needs it. I have extensive experience in representing conservators as well as representing parties in contested proceedings.
To schedule your free initial consultation, contact the Law Office of Steven C. Sosa online or call 310-458-7236. My office is open Monday through Friday from 9 a.m. to 5 p.m., with evening appointments available.
Law Office of Steven C. Sosa
1348 10th St.
Santa Monica, CA 90401
Telephone: 310-458-7236 | Fax: 310-458-6529
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