Established in Old Towne Orange in 2009, P. E. Smith, Esq. - Attorney At Law has been providing trusted and reliable Estate Planning services for over a decade. From simple Trusts, to comprehensive Estate Plans, we approach every project as a unique opportunity to protect your family and provide you peace of mind. TRUST: A trust is a legal instrument that transports your property after your death.
A trust operates privately, and is not processed by the Court. We will draft your Trust and customize it to suit the specific needs of you and your family. POWER OF ATTORNEY: A power of attorney is a legal instrument that appoints an agent to manage your finances if you are alive, but incapacitated. It is critical that you authorize a loved one to handle your financial affairs in case you lose the ability to make financial decisions because of sickness or failing health.
ADVANCE HEALTH CARE DIRECTIVE: An advance health care directive sets forth your end of life medical decisions and instructions.
A trust operates privately, and is not processed by the Court. We will draft your Trust and customize it to suit the specific needs of you and your family. POWER OF ATTORNEY: A power of attorney is a legal instrument that appoints an agent to manage your finances if you are alive, but incapacitated. It is critical that you authorize a loved one to handle your financial affairs in case you lose the ability to make financial decisions because of sickness or failing health.
ADVANCE HEALTH CARE DIRECTIVE: An advance health care directive sets forth your end of life medical decisions and instructions.
Services
An Estate Plan generally refers to a set of legal documents that are designed to: protect your personal and financial interests while you are alive, set forth your end of life decisions and instructions, and ensure that your assets are transferred to whom you wish, in the amounts your choose, after you die.
This instrument is the centerpiece of an Estate Plan.
It is the main vehicle through which assets will be transferred to beneficiaries privately, outside of Court.
This is the document that appoints an Agent to manage your finances and personal care if you become unable to.
This instrument is the centerpiece of an Estate Plan.
It is the main vehicle through which assets will be transferred to beneficiaries privately, outside of Court.
This is the document that appoints an Agent to manage your finances and personal care if you become unable to.
Death is a part of life.
It is a complex inevitability that can be difficult, overwhelming, and depressing.
From a legal perspective, the first thing that usually should be done when a loved one dies is - nothing.
Don't take any legal action.
Take the time to grieve your loss, carry out the services your loved one called for in their Estate Plan, and spend time with your family.
In most cases, the business side of things can be addressed afterwards.
When it is time to move forward with sorting out the affairs of the deceased, the first thing to determine is whether or not they had a Trust.
It is a complex inevitability that can be difficult, overwhelming, and depressing.
From a legal perspective, the first thing that usually should be done when a loved one dies is - nothing.
Don't take any legal action.
Take the time to grieve your loss, carry out the services your loved one called for in their Estate Plan, and spend time with your family.
In most cases, the business side of things can be addressed afterwards.
When it is time to move forward with sorting out the affairs of the deceased, the first thing to determine is whether or not they had a Trust.
Not all Trust Estates are the same, but in general, being the Trustee is difficult.
As a spouse, you may assume that all of your partner's assets will be transferred to you automatically.
That is not always true.
As a child who has lost a parent, being selected as the "trustworthy" child can be flattering, but now you have legal obligations to live up to.
Administering the Trust Estate is serious work that usually requires the assistance of an attorney.
Most Trusts authorize the Trustee to retain counsel to assist the Trustee at the expense of the Trust (Probate Code § 16247).
As a spouse, you may assume that all of your partner's assets will be transferred to you automatically.
That is not always true.
As a child who has lost a parent, being selected as the "trustworthy" child can be flattering, but now you have legal obligations to live up to.
Administering the Trust Estate is serious work that usually requires the assistance of an attorney.
Most Trusts authorize the Trustee to retain counsel to assist the Trustee at the expense of the Trust (Probate Code § 16247).
Duty to Deal Impartially with Beneficiaries, While Taking Their Differing Interests Into Account.
Duty to Provide the Terms of an Irrevocable Trust Upon the Request of Any Heir of the Deceased.
Duty to Act in Accordance with Fiduciary Principles When Granted "Absolute", "Sole", or "Uncontrolled" Discretion.
Duty to Provide the Terms of an Irrevocable Trust Upon the Request of Any Heir of the Deceased.
Duty to Act in Accordance with Fiduciary Principles When Granted "Absolute", "Sole", or "Uncontrolled" Discretion.
A Guardianship Trust nominates the future Legal Guardian of your children, and places key assets into a Trust to be held for their benefit.
When parents of young children die, it is extraordinarily traumatic and disruptive.
A Guardianship Trust protects your childrens' future by ensuring that your children are taken care of by the specific Guardian that you choose, and that the assets you leave for your children are managed for the childrens' benefit by the responsible adult of your choice.
In addition to its legal effect, a Guardianship Trust communicates your wishes to your family, thereby avoiding potential disputes amongst remaining family members about who should take care of your children.
When parents of young children die, it is extraordinarily traumatic and disruptive.
A Guardianship Trust protects your childrens' future by ensuring that your children are taken care of by the specific Guardian that you choose, and that the assets you leave for your children are managed for the childrens' benefit by the responsible adult of your choice.
In addition to its legal effect, a Guardianship Trust communicates your wishes to your family, thereby avoiding potential disputes amongst remaining family members about who should take care of your children.
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