FAQ
ARE YOU STILL SERVING CLIENTS?
Richard W. McGinnis is retired and in succession has transitioned the business to Shiells & Hammer. All clients were notified and all phone calls and online consultation requests automatically go to them. They are located in the same location at 3400 Douglas Blvd. Suite 220 in Roseville, California.
WHAT SERVICES DO I NEED FOR PEACE OF MIND ?
Services vary based on the individual, but everyone should have an Advanced Health Care Directive, and people who are designated to make decisions regarding your health care, financial decisions through Power of Attorney, someone in charge of distribution of your assets and custodial decisions regarding children. Having an estate planning attorney administer a living trust is an important step for your peace of mind.
WHAT SERVICES DOES SHIELLS & HAMMER OFFER?
Their estate planning attorney services include Estate Planning, Probate, Special Needs Planning and Trust Administration.
WHAT IS A REVOCABLE LIVING TRUST?
A Revocable Living Trust is a separate entity, which holds title to property. You create the trust and manage it during your lifetime. After your lifetime, someone whom you choose steps in and distributes the property in the process of trust administration to your selected beneficiaries. We can be your living trust attorney, serving Roseville and the greater Sacramento areas.
WHAT ARE THE BENEFITS OF A LIVING TRUST?
For most people, the primary benefit of a Living Trust is that the estate can be distributed without going through the court probate process without the need of a probate lawyer. This reduces or eliminates attorney fees, court costs, and months of court time.
WHY A “REVOCABLE” TRUST?
There are many types of trusts. The fact that a trust is revocable means that the creators can change the provisions of the trust if they desire. As your estate and trust attorney in Roseville, CA , we can establish the documents in your estate plan, and update them as your life circumstances change.
HOW MUCH ARE PROBATE FEES?
In California, combined probate attorney and executor fees on probates are based on a percentage of the gross value of the estate. These fees are 8% of the first $100,000; 6% of the next $100,000; and 4% on everything above that up to one million dollars. Additionally, there are court filing fees, county probate referee fees, and publication fees. Example, a $300,000 estate could cost approximately $20,000 to probate.
WHAT IS THE MINIMUM REQUIRED TO MAKE A LIVING TRUST?
All estates with a gross value of less than $150,000 will not have to be probated. If you own your home, or, your gross estate is larger than $150,000, a living trust prepared by a qualified living trust attorney can provide you with substantial benefits.
WHAT OTHER BENEFITS DOES A LIVING TRUST OFFER?
Within your living trust package prepared by our living trust attorneys in Roseville, you can provide for:
1. Guardianship for Minor Children
2. Income Tax Benefits For Your Surviving Spouse and/or Children
3. Management of Funds for Children with Special Needs
4. Spendthrift Provisions for Continued Management of Funds
5. Avoidance of Conservatorship in the Event of Incapacity
6. Reduction or Elimination of Estate Taxes
7. Flexibility in Qualifying for Medi-Cal and Reducing Estate Recovery Claims
WHAT DOES A LIVING TRUST PACKAGE INCLUDE?
Revocable Living Trust, Pour-Over Wills, Durable Powers of Attorney for Property Management, Advanced Health Care Directives, Authorization to Access Medical Records, Assignment of Personal Property, Abstract of Trust, General Assignment, Preparation and Notarization of Deeds and Transfer Documents.