James Steven McCarthy Attorney  

Resources

Estate Planning

Many clients have questions regarding what they should bring to our office for the initial consultation. It is probably a very good idea to take some time to consider why you need to consult with the lawyer. For estate planning you may have heard that a living trust is very popular and would like some information on the living trust and what is it and why should someone have one instead of a will.

There are many good sources on the treatise of living trusts on the internet that can provide a good background to suggest ways in which this particular estate planning document may be helpful. Any estate plan should have at its core a designation of people who will be nominated to carry out the estate plan for the person who is seeking to have an estate plan developed. An estate plan will have a set of persons who will be called fiduciaries. Fiduciaries are persons who will be asked to carry out the wishes of the principal (that is the person who wants the estate plan for their future. Generally these fiduciary roles include the executor of the will, the trustee of the living trust, the "attorney in fact" for a power of attorney. In any estate plan the principal will also want to decide on what person or persons or entities would be entitled to the assets of the estate.

Normally if there are children of the principal, these children are deemed to be the natural beneficiary of their parent's estate plan. We sometimes indicate in estate plans that the entire estate shall be divided by the number of children who survive the testator (the person who dies living a will). The will or trust can leave everything to the children of the trustor (the person who creates the     trust ) or testator or there may be specific bequests (for example the trustor may wish to leave a specific gift to one person only) or there may be demonstrative gifts in the estate plan (for example the testator or trustor may designate that someone receive proceeds from savings or from a money fund).

Real Estate Issues

Real Property Law has been with us for a very long time. There are many new developing areas in this field that require careful consideration. There are many forms available on the internet for particular real estate transactions and there are books that include descriptions of  the process involved in buying and selling real estate. Our law practice primarily emphasizes the sale and purchase of single family homes, condos, town homes and smaller buildings with less than four units. It is anticipated that our client base will be involved in the buying or selling or renting these particular properties. The owners may also be interested in purchasing with others as a tenancy in common (TIC) or renting the units after sale as well as condo conversions. Often the common interest developed property will have owners involved in Homeowner Association  problems and issues that require legal assistance.

You may contact our office at 415-334-6807 if you would like more information.