Jason S. Buckingham - Attorney & Counselor at Law
1350 Hayes Street, Suite B15
Benicia, CA 94510
ph: 707.745.2200
fax: 707.780.6357
If you've been putting off doing an estate plan, call us. We make it easy and affordable for you to get your affairs in order.
If you're like most people (with less than $11.2 million for 2018), then you likely don't need a complicated estate plan. But you still need expert advice on important legal matters. For most Californians, the safest way to avoid California's expensive and time-consuming probate process is through a living trust.
See what our clients have said about us: http://www.yelp.com/biz/jason-s-buckingham-attorney-at-law-benicia
We can come to you, advise and consult with you, draft your estate planning documents, and have you review and sign your estate plan, all in one appointment. We can meet at your office, at my office, at your home (evening and weekend appointments are available), whatever location is convenient for you. And I can do this all for a flat fee of only $1,050.00. The fee is the same for single clients and couples.
Here's what our packages include:
Other Estate Planning Related Services:
Estate Plan reviews and amendments: One of the benefits of having an estate plan is that you can make changes to your plan if your circumstances change over time. If there has been a birth, death, marriage, or divorce, or if you know you want to change how your property will be distributed after you are gone, I can assist you by reviewing your plan and drafting an amendment to incorporate your changes.
Do you already have a plan, but you can't find the lawyer who drafted it? Have you reviewed your plan in the past few years? Have you had any major life changes that are not included in your plan? I routinely review, update and amend existing estate planning documents.
Trust administration: If you have been entrusted with overseeing the administration of a Trust Estate for someone who has passed away, then you need a lawyer to assist you. Certain mistakes, even innocent and well-meaning ones, can lead to personal liability for the trustee.
But more important, properly carrying out the intent of the departed is the best way to honor their memory. You owe it to yourself to have the benefit of experienced legal counsel in this important endeavor. I am an experienced estate planning attorney who routinely assists successor trustees with trust administration. I assist clients by preparing legally required notices, keeping lines of communication with beneficiaries open, advising trustees on their fiduciary duties, and coordinating with other professionals such as CPAs, real estate brokers, and title and escrow professionals.
Trust administration costs are paid by the trust, so there is no good reason why you should not hire a lawyer to assist you. If you are administering a trust that has little cash on hand, that is not a problem: I offer flexible payment options to ensure that lack of cash on hand is not a barrier to proper trust administration.
Trust dispute resolution/litigation: If you are a beneficiary of a trust for someone who has passed away and you don't know what is happening or can't get answers from the trustee, I may be able to assist you.
You have rights as a trust beneficiary. Trustees who administer trusts after someone passes away owe legal duties to all the trust beneficiaries. Sometimes, a trustee abuses their position of trust and refuses to communicate with a beneficiary, mistreats the beneficiary, or worse, takes trust assets for themselves.
If you are concerned that your loved one's trust is not being administered properly, then you owe it to yourself to have the benefit of experienced legal counsel. I am an experienced estate planning attorney who has represented trust beneficiaries, both in court and out of court, in cases where trustees may not have abided by their legal obligations. I fight for trust beneficiaries with the aim of ensuring that they receive fair treatment, and their fair share, according to the trust and the law.
If you are worried that you cannot afford a lawyer, I offer flexible payment options to ensure that lack of cash on hand is not a barrier to getting the help you need.
California Probate Code § 10810 sets statutory fees for a probate. Both the lawyer and the executor (or administrator) for the estate are entitled to fees, so the costs are generally double the amounts shown below. Higher fees (for "extraordinary services") can be ordered by a court for complicated cases, such as when real estate must be sold to settle the probate.
Statutory fees are based on your "Gross Estate." Your Gross Estate includes anything that does not pass outside of Probate. In valuing a Gross Estate, the whole value of an asset is used, without backing out any open loans. For example, a home worth $600,000 with a $400,000 loan against it is a $600,000 asset for calculating the probate fees.
The fees are:
4% of the first $100,000 (4% x $100,000 = $4,000),
3% of the next $100,000 (3% x $100,000 = $3,000 PLUS the first $4,000 = $7,000),
2% of the next $800,000 (2% x $800,000 = $16,000 PLUS $7,000 = $23,000),
1% of the next $9,000,000 (1% x $9,000,000 = $90,000 PLUS $23,000 = $113,000), and
0.5% of the next $15,000,000 (0.5% x 15,000,000 = $75,000 PLUS $113,000 = $188,000).
For estates larger than $25,000,000, the court determines the fee for the amount that is greater than $25,000,000.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright 2005-2018, Jason S. Buckingham. All rights reserved. Photo credit: http://www.freeimages-photos.com/copyright-free/lighthouse/Yaquina_Head_Lighthouse-6.php
Jason S. Buckingham - Attorney & Counselor at Law
1350 Hayes Street, Suite B15
Benicia, CA 94510
ph: 707.745.2200
fax: 707.780.6357