Wills & Trusts
Bay Area Estate Planning Attorney
Estate planning allows you to set out your own desires about what you want to have happen to your assets following your death or incapacity. The goal of proper estate planning is to ensure that your loved ones will be provided for and that your assets will be allocated in accordance with your wishes without avoidable probate costs and taxes.
John D. Teter Law Offices provides basic estate planning services for clients including creation of living trusts and pour-over wills and advanced health care directives that detail your medical preferences. Our primary goal is to create estate plans that clarify distributions to heirs, clearly set forth wishes for medical care, simplify or avoid probate, and minimize any tax consequences/issues. Contact San Jose estate planning attorney John D. Teter to schedule a convenient consultation.
At John D. Teter Law Offices we believe the fundamentals of estate planning include:
- A living trust
- A pour-over will
- An Advanced Directive for Health Care ("Powers of Attorney for Health Care")
Living Trust
When establishing a living trust, it is important to fully understand the benefits and how it may help preserve your estate's assets. A living trust can contain dispositive instructions that set forth essentially who gets what, when, and where from your estate. These rules need to be very clear and should not contradict any other instructions that are applicable to your estate.
Pour-Over Will
With a well-drafted living trust, the pour-over will has only one beneficiary, your living trust. This ensures that all of your assets are controlled by the terms of the trust. This avoids conflicting instructions or omitted items.
Advanced Directive for Health Care / ADHC
Formerly referred to as the "Power of Attorney for Health Care," the ADHC designates the person who will have the power to make health care decisions should you be unable to make them yourself. It also provides instructions on health care decisions you would like to have made on your behalf, including designations as to extraordinary measures to prolong your existence, as well as your preferences with regard to anatomical gifting (of your organs, eyes, or tissues), cremation vs. burial, and funeral services.
Proposition 13 / Reassessment
The valuable protection provided by Proposition 13 can be lost by poorly planned transfers of real property. Our firm can help clients recognize Proposition 13 issues and avoid loss of benefits from ill-advised transfers. Good advice can help protect against the avoidable loss incurred by reassessment if Proposition 13 protection is lost.
Estate planning helps your family by taking care of some difficult decisions. Clear instruction as to who will get what can help ensure that your loved ones do not fight over the disposition of your estate. It also enables all involved to avoid unnecessary strain and stress during an already emotionally charged time.
Contact John D. Teter Law Offices today to discuss trusts, wills, and other necessary estate planning tools.
