Estate
Planning:
Newton & Associates provides consultation to clients wishing
to establish estate plans, drafts estate plan documents, and guides
clients through the funding process. A basic estate plan includes
revocable trusts, wills, advance health care directives, and durable
powers of attorney for property management.
Revocable Trusts – A revocable trust is a trust that the creator
(the “settlor”) reserves the right to terminate. Revocable
trusts are an important tool in an estate plan, because the property
placed into trust does not have to go through probate. In addition,
the terms of the trust can provide for management of property during
the settlor’s life, if he or she loses the ability to manage
the trust estate. Trusts can also be used to reduce or eliminate
estate taxes.
Wills – A will is a document in which the creator (the “testator)
designates how his or her property is to be distributed upon death.
For testators who have children under the age of 18, guardians for
minor children are also nominated in the will.
Advance Health Care Directive – In an advance health care
directive, a person (the “principal”) authorizes another
person (the “agent”) to make health care decisions if
the principal lacks capacity to make such decisions. Advance directives
also memorialize the principal’s wishes regarding life support
and medical treatment, organ donation, and the disposition of remains.
Durable Power of Attorney for Property Management – A durable
power of attorney for property management is an instrument in which
a person (the “principal”) authorizes another person
(the “agent”) to act as his or her agent. The principal
may give the agent the power to manage affairs such as finances
and real and personal property.
Asset Protection:
The firm counsels clients and assists them in the development of
a variety of asset protection strategies. Each client has their
own personal needs and objectives and the firms attorneys customize
approaches to achieve those needs. The firm has expertise in planning
and forming corporations, limited liability companies, and limited
partnerships.
Asset protection takes careful and precise planning to be effective.
The attorney works closely with the asset protection client over
a period of time to develop the most effective strategy and plan
for that client. Frequently, the asset protection techniques and
tools are incorporated at the time the client develops their overall
estate plan, including probate avoidance planning and wealth transfer
to the next generation.
Probate:
Probate is a court process through which a decedent’s estate
is administered. The decedent’s property is collected, debts
are paid, and property is distributed. If the decedent had a will,
its validity is established and assets are distributed as specified
in the will. If the decedent did not have a will at the time of
his or her death, the assets are distributed in accordance with
the California Probate Code. Newton & Associates provides advice
to representatives of decedents estates and beneficiaries, and handles
the administration of probate estates.
Real Estate:
The firm provides legal services in connection with the acquisition
and sale of residential and commercial property. The range of services
includes preparation of letters of intent; contract reviews; preparation
of deeds and related documents; contract formation and drafting;
broker, escrow, and title oversight services; and dispute resolution
counseling and mediation services to resolve disputes. The firm
also provides reviews and drafting of leasing and related documents.
Business
Law:
The firm provides legal services to clients wishing to form business
entities for the purposes of asset protection, formalization of
business operations, or to start up new businesses. The firm has
expertise in forming Limited Liability Companys (“LLC”)
and corporations, either in the context of their estate planning
requirements or independently to achieve some business purpose such
as asset protection or organizational development. The firm provides
the full range of services in this area including document drafting,
filing of legal documents with the necessary regulatory and taxing
authorities, and follow up to insure that the business entity has
made the necessary elections and post formation filings. The firm
also provides business services such as common partnership formation,
limited partnership formation and administration, contract reviews,
drafting of new contracts and related business agreements such as
buy-sell agreements, as well as business consulting in the areas
of liability protection and corporate governance.
