Kelley & Farren - Estate Planning, Probate & Trust Law Attorneys

Providing Estate Planning Services for the Bay Area from San Francisco and Marin since 1974

Serving the  Bay Area from San Francisco and Marin  since 1974

 



 
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Estate Planning Overview

We are continually developing this section of the website to provide more educational information for our clients and others interested in learning more about estate planning. This page offers some basic information. See also How We Operate for more information on the mechanics of setting up an estate plan.


What is Estate Planning?

Estate planning entails planning in advance for:
Distribution of your property at death
Naming health care and financial managers in the event you become incapacitated during your lifetime

Why Do I Need an Estate Plan?
If a person owns property in his/her own name, at death the probate court will order the assets distributed in accordance with a written will — or, if there is no will, by the laws of intestate succession. This court process is called probate.

Probate can be costly, time-consuming, psychologically traumatic, and can frequently entail unwanted publicity. In appropriate cases, a carefully drafted living trust can help a person avoid the unnecessary disadvantages of probate.

What Are the Advantages of Having an Estate Plan?

Provides the quickest, most efficient, and least costly way to transfer property to the people you want to receive it.
Saves on costly income and death taxes.
Precludes the need for probate, an expensive and prolonged court proceeding.
Provides emotional security for you and your family.
Allows you, rather than the state, to select your heirs and the amount of property to be distributed to each heir.
Allows you to provide most effectively for beneficiaries with disabilities and others whom you want to protect.
In the case of a second marriage, allows you to provide for your spouse and then your children.



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