Annette Dawson-Davis, Attorney at Law

Products And Services

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  GENERAL SERVICES

  -Declaration of Trust. -Certificate of Trust Existence and Authority. This is a statutory form, executed by you and me. It is used to show to persons and institutions with whom you deal (such as banks) to prove the existence of the trust without having to disclose the entire contents of the trust. -Assignment of Personal Property, by which you transfer to the trust all articles of personal property which do not have documents of title, such as furniture and other household goods. -Marital Property Agreement. (if needed) This states your intention, as husband and wife, to not change the character (community or separate) of your property. -Schedule A, showing the various properties being transferred to the trust. -Schedule B, showing the disposition of the trust assets on the death of the surviving spouse. -Schedule C, showing such property as insurance policies and retirement plans which might provide benefits after death. These are not assets of the trust, so Schedule C is informational. They could become trust assets upon your death if you would like. -Pour-Over Will. The purpose of the pour-over will is that if you have any assets at death which have not been transferred to the trust, they will be probated but “pour-over” into the trust to be ruled by the provisions of the trust relating to distribution of your estate. -Advance Health Care Directive. This is the document, found in California Probate Code §4701, by which you designate a primary and alternate agent to act on your behalf relative to health care, if you are not able to act for yourself. -Durable Power of Attorney for Property Management. This is the document under which you designate an agent to handle your property, either at your direction when you are able to act on your own or on your behalf if you become disabled. -Medical Information Authorization. This form allows you to list persons whom you authorize to receive information from medical providers, such as doctors, dentists and hospitals. -Trust Transfer Deed. This deed transfers your real property to your trust.

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  ESTATE PLANNING

  A comprehensive estate plan tailored to your needs for a flat fee with no hidden charges. All of these documents are included with your trust: -Declaration of Trust, for Family Trust. -Certificate of Trust Existence and Authority. This is a statutory form, executed by you and me. It is used to show to persons and institutions with whom you deal (such as banks) to prove the existence of the trust without having to disclose the entire contents of the trust. -An Assignment of Personal Property, by which you transfer to the trust all articles of personal property which do not have documents of title, such as furniture and other household goods. -Marital Property Agreement. This states your intention, as husband and wife, to not change the character (community or separate) of your property. -Schedule A, showing the various properties being transferred to the trust. -Schedule B, showing the disposition of the trust assets on the death of the surviving spouse. -Schedule C, showing such property as insurance policies and retirement plans which might provide benefits after death. These are not assets of the trust, so Schedule C is informational. They could become trust assets upon your death if you would like. -A Pour-Over Will(s). The purpose of the pour-over will is that if you have any assets at death which have not been transferred to the trust, they will be probated but “pour-over” into the trust to be ruled by the provisions of the trust relating to distribution of your estate. -Advance Health Care Directive(s) (also known as a Durable Power of Attorney for Health Care) for each of you. This is the document, found in California Probate Code §4701, by which you designate a primary and alternate agent to act on your behalf relative to health care, if you are not able to act for yourself. Durable Power(s) of Attorney for Property Management. This is the document, also approved by State statute, under which you designate an agent to handle your property, either at your direction when you are able to act on your own or on your behalf if you become disabled. -Medical Information Authorization(s). This form allows you to list persons whom you authorize to receive information from medical providers, such as doctors, dentists and hospitals.

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  SPECIAL NEEDS TRUSTS

  A Special Needs Trust is a trust that holds title to property for the benefit of someone who has a disability. A Special Needs Trust can be used to provide for the needs of a disabled person. The funds are meant to supplement benefits received from various governmental assistance programs, including SSI and Medi-Cal. A Special Needs Trust can hold cash, real property, personal property and life insurance proceeds. A parent, or other loved one, can establish a third party special needs trust for a disabled child, or family member. The best time to do this is when the disabled person’s parent is preparing their estate plan.

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  PROBATE

  Losing a loved one is sad and difficult. It is worse when the person who died did not have a lawyer prepare legal documents ahead of time to keep their heirs out of probate court. Probate is a court proceeding with one major purpose, to transfer title to property passing from the decedent to those persons named in the decedent’s will or entitled to take under the laws of intestacy (when someone dies without a will). In a probate, an executor (if there is a will) or an administrator (is there is no will) is appointed by the court as a personal representative to collect the decedent’s assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court. A probate can take between ten months to over a year. Probate is a public, court supervised, process: -File the will -Take inventory/appraise property -Pay legal debts and taxes -Resolve disputes -Prove the will valid and distribute what is left, if anything -Probate fees are based on a statutory fee schedule set out in California Probate Code §10800.