McCullagh Law focuses on estate planning in the nine San Francisco Bay Area counties.
Sam McCullagh is passionate about Estate Planning so he does it well. McCullagh Law creates custom estate plans and assists clients in Probate when a family member passes away intestate, with a Will or without a Will or Trust. Clients work directly with Sam instead of a para legal and in place of boilerplate documents, Sam creates a custom estate plan to facilitates your intentions and ensure your peace of mind. You can count on Sam McCullagh Law to be a source of experienced sound advice and a dedicated advocate protecting your legal rights and interests.
Typical Estate Plans include:
- Trust – A trust is a fiduciary arrangement that uses a dispositive instrument allowing a third party, or trustee, to hold assets on behalf of beneficiaries. Trusts can be revocable or irrevocable and address any special needs of beneficiaries. Trusts designate trustees, conservators and guardians, and set forth an asset distribution or inheritance plan.
- Pour Over Wills – A pour-over will is a testamentary device that puts or pours assets into the trust. The testator, the writer of the will creates a trust, and decrees in the will that the assets of the estate to include finances, real and personal property in the estate at the time of death shall be distributed to the Trustee of the trust.
- Durable Powers of Attorney – A durable power of attorney (DPA) enables the “principal” or maker of the power of attorney document to appoint an attorney-in-fact or a “business agent,” such as a trusted relative or friend, to handle specific legal and financial responsibilities if and when the principal is incapacitated and no longer able to make decisions to manage business and financial affairs. The durable power of attorney is only effective during the lifetime of the principle.
- Advanced Health Care Directives – An Advance HealthCare Directive (AHCD), also known as living will or personal, advance, or medical directive is a legal document in which a person designates a health agent to be certain that their decisions about health care and medical treatment are honored if and when they are no longer able to make health decisions for themselves due to illness or incapacity.
- HIPAA Authorizations – The Health Insurance Portability and Accountability Act (HIPAA), is a Federal law that required the establishment of national standards to protect the privacy of patients’ health care information. The Privacy Rule, which took effect in 2003, regulates the use and disclosure of “Protected Health Information.” The HIPAA Authorization grants the patient’s health agent access to the health information and records to assist and facilitate in providing the patient with the best health care and medical treatment.
- Certificate of Trust – A Certificate of Inter Vivos Trust or Certification of Trustee provides a financial institution or bank, brokerage firm, transfer agent or other third party with necessary Trust information to facilitate a transaction or transfer. The brief Certificate also confirms the trustee’s authority to act on behalf of the trust and eliminates the need to produce a lengthy personal trust for an institution.
- Schedule A List of Assets – A schedule to any legal document is simply a list that attaches to the document and details subjects of the document. In the case of a revocable trust, a Schedule A is the first such attachment; it lists those assets, real property and financial accounts that you have transferred into the trust. Your trust might have more than one schedule; for example, possibly list assets and insurance policies separately or personal property instructions. A Schedule A is an “informational” piece, added to aid your successor trustee in determining the trust assets at the time of the trustor’s death.
Attorneys Fee schedule for legal services is a flat single fee.
Everyone has an estate and loved ones. Don't wait - you and your loved ones deserve an Estate Plan.
Selecting the best attorney is crucial. Trust and credibility create the right relationship to do this most important personal legal work.
Estate Planning is about the courage and maturity to take care of yourself and the people you love. Plan your estate now, before its too late.
Most people either never set up a trust or wait until a loved one is incapacitated, at which point the task becomes difficult.
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