What is an Estate Attorney?
An estate attorney specializes in helping individuals and families organize their financial affairs and plan for the distribution of their assets upon death or incapacity. Their primary objective is to create comprehensive and legally binding documents that reflect their clients' wishes while minimizing tax liabilities and ensuring a smooth transfer of assets.
One key responsibility of an estate planning attorney is drafting wills. Wills are essential legal documents that outline how an individual's assets and property should be distributed among heirs and beneficiaries. The estate attorney works closely with the client to understand their specific wishes, ensuring the will is tailored to address unique family dynamics and asset portfolios.
In addition to wills, San Jose estate planning attorneys commonly create trusts. Trusts provide a flexible and often more private way to manage and distribute assets. Attorneys help clients establish trusts, such as revocable living trusts, irrevocable trusts, and special needs trusts, each serving distinct purposes like avoiding probate or providing for a loved one with special needs.
Moreover, estate planning attorneys assist in appointing guardians for minor children, should the need arise, and in establishing powers of attorney for healthcare and financial matters. These legal instruments empower designated individuals to make decisions on behalf of the client in the event of incapacity.
Tax planning is another crucial aspect of an estate planning attorney's role. They employ strategies to minimize estate taxes and maximize the value of the assets passed on to beneficiaries. This often involves advising on the use of various tax-saving tools, such as lifetime gifts, charitable trusts, and other methods of wealth preservation.
As laws surrounding estate planning are subject to change, estate planning attorneys stay abreast of legal developments, ensuring their clients' plans remain current and compliant. In summary, estate planning attorneys play a vital role in helping individuals create comprehensive plans that protect their assets, provide for their loved ones, and navigate the complexities of the legal system surrounding end-of-life and incapacity issues.
What is a Probate Attorney?
A San Jose probate lawyer specializes in navigating the legal process of probate, which is the court-supervised procedure for administering the estate of a deceased person. The role of a probate attorney is multifaceted, involving various responsibilities aimed at ensuring the orderly distribution of assets, payment of debts, and resolution of any disputes that may arise.
One primary function of a probate attorney is guiding the executor or personal representative of the deceased's estate through the probate process. This includes preparing and filing the necessary documents with the court, such as the petition for probate, inventory of assets, and final accounting.
Probate attorneys assist in identifying and valuing the deceased person's assets, which may include real estate, bank accounts, investments, and personal property. They work to resolve any outstanding debts and taxes owed by the estate, ensuring that these obligations are settled appropriately.
In situations where the deceased person left a valid will, the probate attorney helps interpret and execute the terms of the will, ensuring that the assets are distributed according to the decedent's wishes. In cases of intestacy, where there is no will, the attorney aids in distributing assets according to the laws of intestate succession.
A probate attorney also plays a crucial role in resolving disputes that may arise among heirs, beneficiaries, or creditors. They work to mediate conflicts and, if necessary, represent their clients' interests in probate court.
Furthermore, probate attorneys may assist in the sale of estate assets, handle the transfer of real property titles, and address any challenges to the validity of the will or claims against the estate.
Given the complexity of probate proceedings and the potential for family conflicts, having a skilled probate attorney is essential. Their expertise ensures that the legal process is followed accurately, facilitating a smoother distribution of assets and minimizing the stress and complications that can arise during the probate process.
Finding an Estate Lawyer Near Me
Finding a reputable San Jose estate attorney or San Jose probate lawyer involves a thoughtful and systematic approach. Start by seeking recommendations from friends, family, or colleagues who have experience with estate planning. Online reviews and testimonials can also offer insights into the attorney's reputation. Local bar associations, such as the Santa Clara County Bar Association, provide directories of qualified attorneys.
Additionally, consider reaching out to financial advisors or accountants, as they often collaborate with estate planning professionals. Conduct interviews with potential attorneys to assess their experience, expertise, and communication style. Verify their credentials, ensuring they specialize in estate planning and are licensed to practice in California. Ultimately, choosing a San Jose estate planning attorney involves thorough research and careful consideration of their qualifications and compatibility with your specific needs and goals.
Berliner Cohen’s San Jose Estate Planning
Our legal team represents trustees and executors in the comprehensive administration of trusts and estates, offering expertise in:
- Handling the complete probate process for a decedent's estate, including summary probate when applicable.
- Resolving disputes related to the probate of wills, interpreting wills and trusts.
- Facilitating access to assets within trusts and probate estates.
- Ensuring proper administration of trusts, covering sub-trust funding, estate tax returns, court and informal accountings.
- Implementing qualified domestic trusts (QDOT) tailored for non-U.S. citizen surviving spouses.
- Overseeing other types of irrevocable trusts, such as life insurance trusts and charitable trusts.
- Conducting post-death tax planning, addressing technical aspects related to tax assessment and allocation.
- Managing allocation and distribution of assets, considering tax implications and handling tax disputes.
- Providing fiduciary accountings.
- Offering guidance on environmental cleanup for properties within trusts or probate estates.
- Handling the leasing or sale of real property held in trust.
- Resolving disputes related to trust assets, terms, or liabilities.
Recent Articles and Legal Insights from San Jose Estate Attorneys
Our San Jose estate planning articles are on topics from financial planning, advance health care directives, estate and gift taxes, and more. Recent articles include:
- Financial Planning for Disabled Individuals
- Tax Nightmares: Monster Property Tax Increases Lurk Behind Transfers of Partnership Interests
- 2023 Estate and Gift Tax Update
- U.S. Taxation of Foreign Estates Owning U.S. Stock: The Long Arm of the IRS
- Advance Health Care Directive Law for Children 18 and Over
Here are some additional estate planning resources provided by our San Jose Estate Attorneys and San Jose Probate Lawyers:
- Estate Planning 101
- Download our Estate Planning Fact Finder
- Download our Post-Mortem Information Sheet
About Berliner Cohen
Berliner Cohen is a Northern California business law firm with offices in San Jose, Modesto, and Merced. Our San Jose estate planning attorneys are actively involved with local and state bar associations including Santa Clara County Bar Association, Silicon Valley Bar Association, California Lawyers Association, and more.
You can view Berliner Cohen’s LinkedIn profile, Bloomberg profile, and our other profiles on Trust Analytica, US News Best Law Firms, and BCG Attorney Search.
Serving Our Communities
The attorneys at Berliner Cohen, LLP are dedicated to their clients and committed to the communities in which we live and work. For over 50 years, philanthropy has been one of our core values. We provide financial support through significant gifts to a range of community agencies and non-profit organizations.
Our attorneys draw from their involvement in local organizations to assist these community agencies in matters they need guidance with. Our commitment is to enhance these organizations, promote their sustainability, and augment the services they provide to clients and donors.
Awards and Accolades
Berliner Cohen and our attorneys are honored to be the recipient of numerous awards over the years. We appear annually in the best San Jose tax lawyer directories and is one of the San Jose tax law firms to receive accolades for its community service. Those honors include:
- Top 50 Corporate Philanthropists by Silicon Valley Business Journal
- Northern California Super Lawyers and Rising Stars 2025, click here for a full list of recognized attorneys
- Best Lawyers 2023 by BestLawyers.com, click here for a full list of recognized attorneys
Contact a San Jose Estate Attorney or San Jose Probate Lawyer
If you or your business needs an estate attorney or probate attorney in San Jose, please contact our San Jose office at 408.286.5800.