An Estate Planning Attorney San Jose, California Is Available To Help

By Rachael Gutierrez


Many people erroneously believe estate planning is simply about writing a will. There is much more to this process. Taxes, and financial, business and medical planning may all become part of the arrangement. Legal counsel will make sure everything is legally enforceable and optimal arrangements have been secured. An estate planning attorney San Jose, in the beautiful Silicon Valley will ably guide you through your planning needs.

Common medical considerations will probably incorporate a living will and a healthcare Power of Attorney. This assurance is a useful to protect interests in case of hospitalization. It authorizes a designated individual to act on behalf of the patient. This authorization is different from a customary Power of Attorney associated with managing finances. A living will is drafted to manage a more long term condition. Extraordinary circumstances must be triggered to carry it into effect. Further information will be provided during a consultation.

Making such arrangements is a smart decision irrespective of how much wealth is at stake. An uncommon existing situation needs special consideration. An individual with small holdings might only concentrate on matters of limited scope. These will basically designate heirs and appoint an executor to administer personal assets, pay obligations and make distributions. If significant possessions are at stake, a legal counselor will need to devise ways to decrease or defer tax duties and protect assets.

Expert support will protect the setup from a potential clash between heirs. Certain situations will make anyone want to seek assistance. For instance, a planned beneficiary may need assistance to supervise affairs. An existing business needs a smooth transition. All possessions shall be assessed according to market value, after paying off obligations. The assessed amount determines the nature of potential taxes. There must be sufficient assets available to pay such levies.

Taxes owed will depend on individual circumstances. Anything left to a spouse who is U. S. Citizen or to a any charitable organization will be tax free. Anything left to anyone else, if that portion totals over 5 million dollars is taxable. In 2013, unless there is an amendment by Congress, this exempted amount will drop to 1 million dollars. Plans made ahead can reduce what will be paid to the Government.

Gifts up to a certain amount can be made annually without any levies. Tuition and health insurance premiums, if paid directly, are not subject to tax. Some types of assets may be directly transferred to heirs. In such a case, there will be both positive and negative consequences to consider.

Making arrangements means taking into account many different tax consequences. Qualified counsel is essential to ensure a smooth transition takes place. Many plan details must be meticulously coordinated. A seasoned lawyer shall dispel any chance for unclear language or the potential for overturning any portions of the arrangement. An experienced counsel has the knowledge to craft an optimal plan.

In the absence of such planning, the state has provided judges with power to appoint an executor to manage affairs. Any distribution, under such circumstances, will follow prescribed intestate succession rules. To ensure this does not happen, advance preparations are essential. It is easy to consult with an estate planning attorney San Jose, California.




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