Irvine and Orange County Estate Planning Attorney
OC Wills and Trust Attorneys, a division of the Law Offices of Brian Chew specializes in Estate Planning and Elder Law. We create custom estate plans for our client including revocable living trusts, wills, power of attorneys and healthcare directives. Our goal is to make sure that our clients get to choose who will be in charge of themselves, their family and their assets if they can't be. By spending the time necessary to educate and advise our clients, we ensure that they make informed decisions when it comes to this very important process.
In addition, as a VA Accredited Attorney, our principal attorney, Brian Chew, consults with Veterans, their widows and their families on how they can become qualified for the Veterans Administration Aid and Attendance Pension benefit. This benefit can provide annually up to $25,000 tax free to qualified Veterans and their spouses to help offset the costs of their long term care
Cover Your Assets: Beyond the Living Trust
You have done the prudent thing to protect your family by doing a Living Trust, a Will, a Power of Attorney and a Healthcare Directive. Your planning will help your heirs avoid probate, control when your heirs will receive their inheritance, choose who will assume guardianship of any minor children of yours and appoints persons of your choosing to carry out your plan. While these four documents are great foundation for your estate plan, you still need to ask yourself, did I do everything I could to protect my heirs from
- Their creditors
- Their spouses
- The IRS
- Losing their government benefits such as SSI and Medi-Cal
These are just some of the issues that a typical Living Trust or Estate Plan may not address to the fullest extent possible and thus whether or not you have a Living Trust or any other estate planning document, these are some of the elements you may want to consider making part of your overall estate plan
- Dynasty Trust Provision: Creates lifetime asset protection for your heirs while allowing them maximum control over the assets. Can help ensure that your estate goes to your lineal descendants and not to spouses. You also have the option to put a neutral Trustee in charge if you want to protect your heirs from their own spendthrift habits.
- IRA Beneficiary Trust: A separate Living Trust that is designed to allow your heirs to create asset protection for your inherited retirement funds by having the IRA held by the trust but still allowing for the maximum “stretch-out” of the continued tax deferred growth of the assets.
- Special Needs Trust: A provision that allows the Trustee to put the share of an heir, who is currently qualified for SSI or Medi-Cal, in to a Special Needs Trust so that they can continue to qualify for the benefits but the money from the trust can still be used on their behalf.
- A valid “No Contest” provision: Most Living Trusts written before 2010 (and some that have been written after) contain “No-Contest” provisions that are no longer valid. If you want to deter an heir from suing the Trustee to get a bigger share of your assets, you want to ensure that a valid “No-Contest” clause is in place so that your heirs know that they are risking their current inheritance if they want to challenge the terms of the Trust.
- Long Term Care Planning: A Durable Power of Attorney that includes long term care planning provisions: This provision authorizes your agent to help you qualify for government long term care benefits including Medi-Cal and the Veterans Administration Aid and Attendance Pension Benefit and most importantly authorizes them to create an Irrevocable Trust on your behalf if your assets need to be protected with regards to qualifying for those benefits or from any lien that may result after your passing.
How are we different from other Estate Planning Firms?
- Published Flat Fees: Our fees are right on our website so you know what we are going to charge you
- Experience: Brian Chew has been a licensed attorney for over 20 years and specializes in Wills and Trusts.
- Independence: We are not affiliated with any financial services firm and our sole source of revenue is from the legal fees we charge. No hidden agendas to use estate planning to gain access to your financial information.
- Quality: We produce customized comprehensive estate planning documents that are designed to meet your estate planning goals and extensive contingency plans for all of the curveballs life throws at you.
- Promptness: We can accommodate most clients within a week of calling us for an appointment and most plans will be completed within 2 business days of your initial consultation
- Responsiveness: We strive to return phone calls and emails within 1 business days.
- Ease of Communication:We are available to you through many modes of communication, whether it be via email, phone, or in person. You can contact us through this website, or directly at 949-288-3598 where Brian himself or one of our associate attorneys will be happy to assist you. Brian is also accessible through email at Brian@mycaliforniaestate.com.
The Law Office of Brian Chew assists clients with Estate Planning, Residential Real Estate, Life
Insurance and Financial Planning in Irvine, California, as well as the following Orange County cities: Lake Forest, East Irvine, El Toro, Laguna Hills, Lake Forest, Aliso Viejo, Newport Coast, Ladera Ranch, Newport Beach, Laguna Woods, Mission Viejo, Foothill Ranch, Tustin, Corona Del Mar, Santa Ana, Costa Mesa, Laguna Niguel, Silverado Rancho, Santa Margarita and Trabuco Canyon.