Wills / Trusts / Probate / Bankruptcy

Many Wills, Trusts are simple and can be prepared with your input by our paralegals. We can meet with clients in our Chico or Napa offices, but many times work over the phone/internet to prepare the needed documents. These cases can be easily handled for our out of area customers, as interviews and information gathering can be done over the phone and documents can be exchanged either through the mail or via the internet. In more complicated cases, or in a case where there may be some contest after the death or incapacity of an individual where there is an existing document, an attorney is available for consultation, document preparation and, if necessary, representation in court.

Power of Attorney

There are two basic types of Power of Attorneys.

1. A Power of Attorney for financial matters is done in conjunction with wills or trusts but can be done separately. What these documents accomplish is to appoint a person or persons to make decisions about financial matters should the signer become incapacitated or unavailable for another stated reason. They can cover all potential financial matters or be specific to one area. They can also be open-ended time wise, or be for a specific time period.

   This is also a way for people to have their wishes known as to who they would nominate as their conservator over financial and/or health matters, or who they would nominate as the guardian for their minor child(ren) if they become incapacitated in the opinion of one or more medical doctors.

2. Many people choose to have their wishes about health decisions made clear. These are often called a Power of Attorney for Health Care, although other, similar titles can be used.

   It is our recommendation that you handle these through your medical doctor or through a local hospital. There are forms that follow the American Medical Association (AMA) guidelines and are simple and very inexpensive to create.

Probate

After the death of an individual, the heir(s) may need the court’s help to dissolve and distribute the assets from the estate. Some decedents made a will before their death and some die without leaving any written notice of their wishes. Probate cases can be simple and straight forward with no opposition. Some can be contentious and it may take the court months if not years to make a final distribution of the estate.

Bankruptcy

Unfortunately, more people than ever are finding themselves with debt greater that what they are able to pay in a reasonable manner. Filing for bankruptcy, which falls under Federal law, is for some people the best course towards a financially solvent future. This is a way to, in many cases, protect a home, retirement funds, a business or other assets, allowing a “fresh start”.

On the other hand, some people and businesses are facing a loss of expected payment because of a debtor’s bankruptcy petition. Determining whether or not they might be able to successfully oppose their bills being dissolved through bankruptcy is a serious, reasonable question.

We work closely with an attorney who is available to consult with you regarding whether or not filing for bankruptcy is appropriate in your case and what you can expect before, during and after the process. He can also consult with persons or business who need defense against a potential bankruptcy. Consultations can be in person at his Napa, California office, or by phone.

Actual bankruptcy representation is available for cases in the North SF Bay area and Northern California.