Areas of Practice

Estate Planning

Crafting a Thoughtful Legacy

At Wordell Law Group, we comprehend that estate planning transcends numerical assets. It's about sculpting an enduring legacy, reflecting your narrative and values, for those you cherish.

Our Philosophy:

Estate planning is not a mere transaction or checklist. It's an art, rooted in profound comprehension of your life's tapestry, aspirations, and ethos. Beyond the vital legal constructs, we weave a strategy aligned with your unique narrative—safeguarding your legacy during your lifetime and orchestrating its seamless transition to the next generations.

Our firm specializes in estate planning and administration, navigating the intricate intersection of business, tax, and family dynamics. With the impending retirement of Baby Boomers and the transfer of businesses through estates, business succession planning is becoming increasingly crucial. Our work often revolves around tax-sensitive matters.

We handle a wide range of wealth transfer planning projects, from straightforward revocable trusts to intricate estate freezes and multi-generation trusts. Our process involves identifying clients' estate planning objectives and structuring plans to align with those goals. We provide guidance to trustees and executors on their fiduciary responsibilities and the proper administration of trusts or estates, simplifying the complex process for clients.

Recognizing that estate planning and administration can be overwhelming, we focus on distilling critical information and educating clients to make them more comfortable with the process.

We place great importance on maintaining technical expertise. Mr. Wordell is a certified specialist in estate planning, trust, and probate law, accredited by the California State Bar Board of Legal Specialization. While any licensed attorney can practice estate planning, only a minute fraction are certified as specialists by the State Bar of California. In fact, less than 1% of all California lawyers have earned certification as specialists in estate planning, trust, and probate law. To achieve this certification, a California attorney must meet rigorous criteria:

  • Pass a comprehensive and highly competitive full-day written examination in estate planning, trust, and probate law administered by the State Bar of California Board of Legal Specialization.

  • Demonstrate a high level of expertise and accumulate requisite years of experience in estate planning, trust, and probate law.

  • Fulfill mandated ongoing education requirements in estate planning, trust, and probate law.

  • Receive favorable evaluations from peers and judges familiar with their work in estate planning, trust, and probate law.

Whether your situation is straightforward or intricate, consider engaging an attorney certified as a "Specialist in Estate Planning, Trust & Probate Law" by the State Bar Board of Legal Specialization. This certification signifies a commitment to maintaining proficiency in estate planning, trust, and probate law through continual practice and ongoing education.

With Wordell Law Group by your side, estate planning becomes more than a service; it's a journey towards safeguarding futures. Your meticulously crafted legacy is just a conversation away.

Probate Services

Decendent’s Estates

The probate procedure in California serves to validate an individual's last will and testament, detailing how assets should be allocated and debts settled after their departure. In instances where a will is absent, the distribution follows California's legal provisions. Estate administration is expansive, encapsulating not just probate but also non-probate transfers like life insurance, trust assets, and ensuring compliance with relevant estate tax norms.

The aftermath of a loved one's passing involves intricate responsibilities, often leading to the initiation of the probate process. The individual tasked with managing the estate is termed the personal representative. Our commitment at Wordell is to facilitate their appointment and thereafter, provide unwavering support as they traverse the steps of asset collation, valuation, and rightful distribution.

Conservatorships

Should a loved one find themselves unable to personally oversee their healthcare or financial decisions, it may necessitate the exploration of conservatorship. At Wordell Law Group, we approach such situations with sensitivity, guiding you through available options to ascertain the most judicious and economical path forward for your cherished one.

Entrusting the intricate corridors of California's Probate Court requires both precision and heart. Choose Wordell Law Group as your compass, guiding you with clarity and genuine care through these pivotal moments.

Ensuring Thoughtful and Meticulous Stewardship

Your selection of legal representation as a Trustee is pivotal. Trust administration, while generally more streamlined than probate, demands keen attention to detail, from maximizing tax benefits to the transparent communication with beneficiaries.

Revocable living trusts offer a smoother estate settlement path, granting successor trustees immediate access to accounts, circumventing probate court delays. Nevertheless, the intricate nature of trust settlement, with its myriad obligations and nuances, warrants seasoned professional guidance. Expertise ensures efficient trust termination, optimized tax advantages, minimized trustee liabilities, and comprehensive record-keeping for beneficiaries.

At Wordell Law Group, we advise trustees in a wide range of matters and issues including:

  • Probate and probate proceedings

  • All aspects of trust administration

  • Allocation of assets among trusts

  • Distributions to beneficiaries

  • Resolution of estate tax disputes

  • Principal and Income Act

  • Accountings to beneficiaries

  • Modification of irrevocable trusts

  • Interpretation of trust provisions

  • Environmental issues

  • Determining community and separate property

  • Trustee removal

  • Settlement of claims against trustees

  • Trustee compensation

While the responsibilities of a trustee or successor trustee are considerable, they are significantly eased when the decedent's affairs have been judiciously planned. The trustee's mandate involves harmonizing the decedent's wishes, legal mandates, and beneficiaries' expectations. Given the complexities and the expectations placed upon trustees, seasoned legal counsel becomes invaluable.

Choosing to proceed without attorney involvement is certainly a trustee's prerogative. However, an initial consultation with a firm experienced in estate planning, probate, and trust administration can provide clarity on the road ahead. Your choice of legal partner in this journey is a decision of profound significance. Allow Wordell Law Group to serve as your trusted beacon in these intricate terrains.

Trust & Estate Administration

Trust & Estate Litigation

Expertise Beyond Boundaries

At our firm, we extend our empathetic yet adept legal guidance in trust and probate litigation throughout California. We serve a diverse array of clients, including individuals, bank trust departments, private professional fiduciaries, and charitable beneficiaries. Our services are comprehensive, covering matters related to wills, trusts, powers of attorney, and beneficiary designations which can often be contentious due to issues such as mental capacity, undue influence, inaccuracies, or legal non-compliance.

We regularly work with elder individuals, often addressing late-life estate alterations stemming from conditions such as Alzheimer's disease, and provide sensitive counsel regarding no-contest clauses. The labyrinth of managing trusts and estates in California, complicated by the Probate Code, court verdicts, and localized regulations, necessitates adept navigation. We stand with fiduciaries, aiding them through dilemmas related to trust interpretation, asset oversight, accounting, discretionary distributions, and fee discernment, and seek court direction in disputes between co-trustees.

We also champion the rights of beneficiaries facing hurdles in acquiring information or distributions, especially when fiduciaries may act in self-interest or lack capacity. Our pursuit of court intervention aims at solutions like trustee suspension, orders for proper conduct, restrictions on fund utilization, fee adjustments, or redress for damages.

Our proficiency is also evident in our representation of elders and their successors in financial elder abuse claims, and in defending those accused, frequently involving family or caregivers. In conservatorship disagreements, we stand by family members, facilitating the management of finances and personal care through court-designated conservators.

Recognizing that trust and estate disputes can be laden with emotion, especially between siblings, step-parents, and step-children and concerning family businesses or real estates, we strive for amicable resolutions through negotiation and mediation, while untangling economic interests. However, when required, we are prepared to litigate.

Practicing across Northern California counties, including Sacramento, Placer, Yolo, El Dorado, Nevada, San Joaquin, and the San Francisco Bay Area, we offer our expertise and empathetic support in all matters of trust and probate, always aiming to blend professionalism with sincere concern and understanding for the unique needs and feelings of our clients.

Additional Services

  • A Special Needs Trust (SNT), also known as a supplemental needs trust, is designed for individuals with disabilities. Its primary purpose is to safeguard trust assets from affecting the disabled person's eligibility for government assistance programs like Medi-Cal and Supplemental Security Income (SSI). Without a California special needs trust, these assets could either disqualify the individual from benefits or be absorbed by the government. The trust ensures that the individual can access better care, additional therapies, opportunities for recreation, and greater independence while protecting their assets.

    Benefits of a Supplemental Needs Trust:

    • Preserves trust assets for the specific needs of the disabled beneficiary.

    • Allows the beneficiary to retain all public assistance benefits.

    • Provides for additional items and services not covered by government benefits, such as specially equipped vehicles, extra medical or dental care, motorized wheelchairs, entertainment, recreational activities, or vacations.

    The California supplemental needs trust serves individuals with a range of disabilities, including but not limited to those who are deaf, blind, autistic, have Down syndrome, intellectual disabilities (ID), or mental retardation.

    With a supplemental needs trust, you can have peace of mind knowing that your disabled family member is secure. Mr. Wordell, our special needs trust attorney, possesses expertise in state-based care and payment laws, ensuring that your family member doesn't lose state coverage. The California special needs trust is designed to cover what the state may not, allowing you to rest easy.

  • Navigating the considerable costs of nursing home care in California is overwhelming. However, with the strategic guidance of Wordell Law Group, accessing Medi-Cal, California's Medicaid program, can become a reassuring possibility. Wordell Law Group is dedicated to standing by your side throughout the application process, assuring that your family is shielded from overwhelming medical expenses.

    Medi-Cal comes with specific eligibility criteria and application protocols. Our team will help you understand and maneuver through these, with the goal of protecting your assets, offering clear and personalized advice. Our focus is on identifying practical solutions to enable you and your loved ones to plan effectively for the future. We offer personalized attention and clear explanations of income and Medi-Cal share of cost criteria. Our goal is to find affordable solutions to help you and your family plan for the future. We can assist you in:

    • Qualifying for government benefits to cover long-term care costs.

    • Safeguarding your assets to offset long-term care expenses.

    • Protecting your home from liens.

    • Crafting an estate plan that safeguards your assets and provides for your spouse, children, and heirs.

    Who should consider our representation? Anyone currently in need of long-term care or anticipating such needs can benefit from Medi-Cal planning. Some individuals mistakenly disqualify themselves due to income misconceptions, but if you're a California resident in need of financial assistance for nursing home costs, Medi-Cal can be a viable option. Medi-Cal does not typically cover assisted living facilities. Our dedicated Medi-Cal planning services cater to:

    • Individuals already in skilled nursing facilities or those soon to be placed in nursing homes.

    • Individuals dealing with Alzheimer's, dementia, Parkinson's, or stroke-related issues.

    • Individuals seeking long-term care insurance now or in the future.

    • Those looking for guidance on Medi-Cal eligibility requirements and related legal strategies.

    Medi-Cal long-term care eligibility is influenced by factors such as age and marital status. Specific income and non-exempt asset limits must be met. Fortunately, certain assets are exempt and won't affect your eligibility. These can include your home, household items, personal effects, some life insurance policies, burial arrangements, and automobiles.

    If you find yourself falling short of Medi-Cal long-term care eligibility requirements, our legal team at the Wordell Law Group can help you file a petition to obtain a court order. This can be particularly beneficial for married couples when one spouse requires nursing home care. This court order may facilitate the transfer of assets or income to the other spouse, potentially qualifying the nursing home resident for Medi-Cal. Regardless of your circumstances, we will work closely with you to develop a tailored plan that meets your unique needs.

  • In California, a conservatorship provides legal authority for an adult to make decisions on behalf of an elderly or disabled loved one who cannot make decisions due to mental or physical limitations. If you're considering guardianship for a family member or friend, consulting with an experienced conservatorship attorney is essential. Wordell Law Group can guide you through the process to protect your loved one's best interests. Contact us today for a free consultation.

    Addressing Critical Questions:

    • What do you do when a loved one's competence is declining?

    • What if they lack estate planning documents designating a trustworthy decision-maker for their medical care and finances?

    • How can you safeguard them against fraud and undue influence while ensuring their healthcare needs are met?

    We tackle these questions and more in our comprehensive guide to conservatorships. Reach out to the Wordell Law Group team for further information.

    What Is a Conservatorship?

    A conservatorship is a legal process where a judge appoints a responsible individual (the "conservator") to safeguard adults unable to care for themselves (the "conservatees") due to various limitations. Anyone can initiate a conservatorship case. It's worth noting that in California, guardianship refers to proceedings involving minors.

    Why Do You Need a Conservatorship Lawyer?

    Conservatorship cases can vary widely in nature. You may require a conservatorship attorney's assistance to establish a conservatorship for a vulnerable adult or to contest an unwarranted conservatorship proceeding. If you've been appointed as a conservator, you might need guidance in navigating California's complex conservatorship laws. Our accomplished team handles various conservatorship matters, including:

    • Obtaining a Conservatorship

    • Contesting Conservatorships

    • Removing and Replacing a Conservator

    • Counseling Conservators

    • Terminating a Conservatorship

    Obtaining a Conservatorship

    When a loved one suffers from a stroke or develops dementia, rendering them incapable of making informed decisions or managing their finances and healthcare, it's crucial to take steps to protect them. Establishing a conservatorship, granted through the state's probate court, is often the best course of action. A conservatorship attorney can assist you in navigating this process and exploring the available options.

  • Evolution is intrinsic to life, and Trusts aren't exempt. While many trusts assert their immutability, circumstances often change in ways unforeseen by the original Grantors. Leveraging our extensive legal acumen, we've successfully advocated for Trust modifications in alignment with evolving laws or factual shifts, always securing the court's endorsement.