PROTECTING YOUR FAMILY PRESERVING YOUR LEGACY
Taking the Confusion Out of Estate Planning and Administration
Whether you are creating an estate plan, administering a trust or probate estate, litigating issues regarding a trustee’s or executor’s breach of their fiduciary duties, or obtaining a conservatorship of a loved one, the process can be confusing and overwhelming. This is especially true since these issues often involve highly emotional matters and may involve dealing with longstanding and complex family dynamics.
At The Law Office of Carol A. Fauerbach, we help take the confusion out of these matters, address your concerns, work toward creative solutions, and guide you through the process from start to finish.
What We Do
The services provided by The Law Office of Carol A. Fauerbach include the following:
- Trusts (Revocable Living Trusts): A trust is a legal document that provides direction about how you want your estate to be managed and distributed upon your death or upon the death of a spouse. A trust can help you and your heirs protect trust assets and avoid the need for costly and time-consuming probate or other court involvement. We can help you identify your needs and wishes regarding your estate and draft trust documents that provide clear instructions for fulfilling those wishes.
- Wills (Last Will and Testament): A will is a legal document that names one or more persons to manage your estate upon your death and provides for the transfer of property to beneficiaries. We can help you create a will, a revocable living trust or both as part of your comprehensive estate plan.
- Durable Power of Attorney for Health Care: This document is often referred to as an Advance Health Care Directive or Living Will. We can work with you to create a power of attorney that will enable you to designate a trusted person as your agent to carry out your specified health care wishes if you become incapacitated or incompetent.
- Durable Power of Attorney for Financial: We can work with you to create a power of attorney that enables you to designate a trusted person as your agent to manage your financial affairs if you become incapacitated or incompetent. Powers granted can be very broad or limited to a specific transaction and can be drafted to last indefinitely or for a specified period of time.
- Conservatorship: A conservator is someone appointed by a judge to oversee the affairs of an incapacitated or incompetent person. This can take the form of a conservatorship of the estate (financial), a conservatorship of the person (personal matters such as health care and living arrangements) or both. Whether your loved one is no longer able to properly care for themselves or they are susceptible to financial abuse due to memory loss or other issues, we can help you through the legal process to obtain court authorization that provides for their care. We also assist clients in contesting a conservatorship if they feel that the conservatorship is not in the best interest of the proposed conservatee.
- Probate Administration and Litigation: Probate is the court procedure required to prove that a will is valid and, with court direction, administer the estate of a person who has passed away in a way that is consistent with their wishes. It can also be a generic term for the entire process of the administration of the deceased person’s estate with court supervision, whether or not the deceased person left a will. We assist clients throughout the complex probate process. We also assist beneficiaries or heirs who are concerned that the executor or administrator is not complying with their fiduciary duties, or are concerned that the will may have been procured by duress, fraud or undue influence.
- Trust Administration and Litigation: Trust administration is the process whereby a trust administrator (Trustee) protects and manages the assets in the trust and ensures that distributions are made according to the wishes of the trust creator and the law. The Trustee must follow the terms of the trust unless those terms are illegal or impossible or unless there is a change of circumstances that allows the Trustee to deviate from the terms of the trust. We assist Trustees through the often confusing trust administration process to help them comply with both the law and the terms of the trust. We also assist trust beneficiaries who believe that the Trustee has breached their fiduciary duty, whether by not following the terms of the trust, not providing required disclosures and accountings, or not treating the trust beneficiaries fairly and equally.
Schedule a Free Initial Phone Consultation
Call The Law Office of Carol A. Fauerbach for a free initial phone consultation, or schedule an appointment with Carol in our Folsom office.
The Law Office of Carol A. Fauerbach serves clients in Folsom, California, and throughout the Sacramento, El Dorado and Placer County areas.