Practice Limited to:
Estate Planning
Revocable "Living" Trusts
Irrevocable Trusts
Family Limited Partnerships
Asset Protection
Elder Law
Conservatorships
Probate
Trust Litigation
Elder Abuse Litigation
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Dear Friends:
NEW OFFICE AND EXPANDED LEGAL SERVICES
We moved into a beautiful new office in Auburn over six years ago, and we love it! There are now twelve of us on our staff -- Debbi Van Roekel, senior paralegal (14th year), Jill Sitcler, paralegal, Jessica Rojos, legal assistant and I handle all estate planning matters. Dewey Harpainter (an experienced litigator and my associate for many years), Patti Callahan (now in her 17th year), and Lee Pentek (3rd year) handle all probate, conservatorship, trust litigation, and elder abuse matters. Certified Public Account, Vicki Kordakis. Brenda Loveday (completing her 6th year), Lindy Crews and I handle all trust administration and trust terminations following the death of a client. Loyanne Parker (4th year) delivers tea and coffee to the clients and staff, and Terry Polisso (6th year), handles our telephones and scheduling.
Recently, we doubled our office space here at Courtview when our neighbors vacated the West Wing of the building, giving Dewey Harpainter and his litigation team their own space! It's a busy place!
HEALTH CARE DECISIONS
The State of California enacted legislation that revised Powers of Attorney for Health Care Decisions, effective in 2000. The newer document offers many more opportunities to decide how you wish to be treated if you are no longer able to make your own decisions concerning your health.
Further, the United States legislature enacted new legislation some years ago that is designed to protect the confidentiality of your medical information (Health Insurance Portability and Accountability Act or "HIPAA"). That law imposes a $50,000 fine and up to one year in prison against any physician or other person who releases any medical information without authority. The law requires that any such authority (i) must be in writing, (ii) must be separate from any other instrument, and (iii) must be unconditional. In other words, unless you lack capacity (in which case your Power of Attorney for Health Care Decisions provides authority) your loved ones are out of luck without the HIPAA authorizations, should the need arise. Not even spouses can obtain medical information about each other without authority.
CHANGES IN FEDERAL TAX LAWS
If your estate plans have not been reviewed recently, you may also be affected by the more liberal rules governing the tax deferred status of your retirement plans. You can now arrange for the distributions from IRA's and other retirement plans so as to defer income taxation over the lifetime of your children, as well as your spouse. If you have significant retirement plans and you wish to have me review this issue with you.
In addition, the exemption from estate tax is now $2,000,000 (up from $600,000) and the annual exclusion for gifts is now $12,000. These changes could very well impact the estate planning you may have completed. I find that many clients no longer need to split the estate into the ("A/B") Survivor's Trust and Exemption Trusts upon the death of the first to die, allowing for a much more simple estate plan via executing a trust amendment.
AGENTS AND SUCCESSOR TRUSTEES
After practicing over twenty (20) years, solely devoted to estate planning, trust and probate matters, one obviously becomes much more knowledgeable. We have represented many families whose loved ones have died. We've learned much with this experience.
Circumstances in the future, due to health issues in particular, may require that the Agent appointed under your Powers of Attorney and/or the Successor Trustee of your Trust obtain legal representation to assist in the administration of your estate. Because this office may already familiar with both your wishes and your family, it is often appropriate -- as well as cost effective -- for this office to provide legal representation to your Agent or Successor Trustee.
You may authorize this office to represent your Agent under your Powers of Attorney and/or your Successor Trustee under your Trust, while acting on your behalf and in your best interests, due to your illness or incapacity.
If you have an interest in any of the above-mentioned issues, contact our office via E-Mail or telephone for an appointment.
Best wishes,
A. ANN ARMSTRONG
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