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Areas of Practice at the Law Offices of Daniel M. Little include:
ESTATE PLANNING
A good estate plan is one that protects an individuals assets or estate in the event of death or incapacity. It enables clients to avoid probate and court ordered conservatorship actions and reduce or eliminate estate taxes.
LIVING TRUST
A form of estate planning that assists clients with avoiding Probate by transferring property from personal ownership to Trust
ownership. Probate is avoided because the Living Trust owns the assets at the time of death. Individuals maintain complete
management and control over the assets transferred into the Trust. The Trust is amendable and revocable.
WILL
A testamentary document that directs the distribution of your assets upon your death. A Will establishes an Executor, prevents
the laws of the State of California from deciding who receives the assets. A Will mayay reduce some Probate costs, e.g., bond,
and nominate a guardian for minor children.
POWERS OF ATTORNEY
The creator of a Power of Attorney is generally called the principal. The agent is the person designated by the principal to
act on the principal's behalf, i.e., to stand in the shoes of the principal for whatever authority the principal grants to the
agent. There are several types of Powers of Attorney. The most common are: General Power of Attorney, Special Power of
Attorney, Durable Power of Attorney for Assets/Financial, and the Advance Healthcare Directive.
TRUST ADMINISTRATION
Immediately upon the death of a loved one, the Trustee has certain duties and legal responsibilities to perform in accordance
with the terms of the Trust and the Probate Code. Failure to follow the terms of the Trust or Probate requirements may create
unnecessary liability for the Trustee and extensive costs to the trust estate.
TRUST AND WILL DISPUTES/LITIGATION
There are many reasons why Trust or Will disputes and litigation arise. One of the most common reasons is that there were
problems with the Trustor's creation of the Trust, e.g., lack of legal representation, lack of capacity, fraud, duress or undue
influence. Another common area where disputes or litigation arise is when the Trustee fails to fulfill their duties under the
terms of the Trust or in accordance with the Probate Code.
CONSERVATORSHIP
A Court process that takes away the rights of an individual, due to a mental or physical incapacity, and appoints another adult
to oversee the personal care and/or financial matters of that individual. There are three types of conservatorships: Limited
Conservatorships, Conservatorship of the Person and Conservatorship of the Estate.
PROBATE
The legal process, requiring court supervision, of administrating the estate of a deceased person, specifically resolving all
claims and distributing the decedent's property.
GUARDIANSHIP
A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the person and property
interests of a minor (person under the age of 18). Parents can designate in their Will who shall become the child's legal
guardian in the event of their death.
CORPORATIONS/LLCs
A legal entity that has a separate legal personality from its individual shareholders. The defining legal rights and
obligations of the corporation are: (i) the ability to sue and be sued; (ii) the ability to hold assets in its own name; (iii)
the ability to hire employees; (iv) the ability to sign contracts; and (v) the ability to create by-laws, which govern its
internal affairs. One of the primary purposes of establishing a corporation or limited liability company is to limit your
personal liability in the event of a law suit.
BUSINESS MATTERS & AGREEMENTS
Although oral agreements are legal and binding in many situations, they're often difficult to enforce in court (and in some
situations, they aren't enforceable at all such as the transfer of an interest in real property). In the business world,
agreements should be in writing even if the law doesn't require it. A written agreement eliminates the risks involved with an
oral agreement, because you have a document that clearly spells out each party's rights and obligations in the event of
confusion or disagreement.
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