• Law Offices of I. David Small

    Practice Areas

    • Estate Planning

      • Using a unique combination of trusts, beneficiary designations and, a formal Will, we can plan your estate to avoid:
      • Capital gains taxes
      • Probate court costs
      • Disputes among heirs
      • Lengthy administration
      • Real estate investors, business owners, individuals, and their families choose our office because of our exceptional service, loyalty and, understanding of your unique situation.

    • Wills

      • A WILL:
      • Does not avoid probate court upon death.
      • Does not prevent the court from taking control of your assets if you become incapacitated.
      • Does not give you as much control as a trust.
      • However, everybody still needs a WILL to:
      • Name an overall executor of any assets outside the trust.
      • Empower your executor to deal with insurance, debts, and taxes.
      • Have an overall plan consistent with a trust.
      • Disinherit some people.
      • Name guardians for minors.

    • Trusts

      Essentially, a Trust is a written contract whereby you agree to hold title to your real estate and major assets for your use and benefit during your life, with directions for distribution to your chosen heirs after your death(s). Most parents prefer that their children inherit at a later age. Trusts have been used for over 500 years. They come in many different varieties and should be customized for you. You may change them any time before death.

    • Trust Administration

      Often, people are not aware that trusts require careful administration after death. Trusts may be written and signed and, largely forgotten until there is a death. Then, legal and tax requirements kick in before assets may be distributed to the heirs. For over 30 years, our compassion and skill have helped families get through an often difficult transition period. When we started in this field over 30 years ago, 90% of our work was creating trusts! Today, much of our work is helping families to administer and distribute their trust assets. Sometimes, we handle different or sensitive communications with family members with whom the successor trustee would rather not communicate.

    • Probate

      Probate is the court process for clearing title to the decedent’s assets. It is costly (approximately 4-10%), and takes time, currently up to a year and a half or longer. We coordinate your trust with other estate planning techniques to avoid probate. Heirs often contact us because the administrator/executor is taking too long to close a case or, failing to act in the heir’s best interests. We can represent you as an heir or administrator.

    • Disputes

      • Your attorney’s approach to trusts and estates disputes is important. Too many attorneys pour gasoline on a fire. Most disputes involve long-simmering resentments and emotional issues, more than economic and legal issues.
      • The successor trustee may be an heir or beneficiary but, also has fiduciary duties to all the beneficiaries. Your attorney must be able to skillfully navigate through the post-death administration. We are sensitive both to your rights and your responsibilities to bring your matter to a just resolution.
      • Where litigation is advisable, we are prepared to vigorously advance your legal interests. We are experienced in probate court, mediation, and general litigation, including:
      • Validity of Trusts and Wills
      • Undue influence/Elder abuse
      • Breaches of duty
      • Conservatorships
      • Powers of Attorney

    • LLC

      • Limited Liability Companies are increasingly used to own real estate and other assets. They have many advantages. However, they must be carefully coordinated with your property tax savings wishes and other plans. Please inquire.

    • California Death Tax Federal Estate Tax

      • When we began our practice over 30 years ago, Federal Estate and California death taxes were important things to take into consideration.

      • California ended its death tax (thanks to the voters) over 30 years ago. The Federal exclusion amount is $11,700,000 per person. Consequently, we are presently called upon to preserve low property taxes through succeeding generations, which we help clients accomplish.

      • Joint Tenancy issues are particularly technical; please inquire.