Expertise in Trusts and Estates
Trusts and Estates is a practice area in which Burnham Brown excels. We are experienced in designing estate plans that preserve and protect family wealth and optimize transfer of that wealth upon death. We begin with a thorough review of assets and a clear definition of goals. We are experienced in creating revocable trusts, life insurance trusts, charitable trusts, family limited partnerships, and limited liability companies which meet the specific needs of our clients. We are also highly skilled in probate and post-death trust administration. That expertise extends to representation of our clients in litigated matters. We frequently counsel individuals and families on the difficult decisions concerning aging or disabled relatives. Our clients receive personal attention and ongoing guidance in the establishment and administration of conservatorships, guardianships, and special needs trusts.
Areas of Expertise
Estate Planning
Burnham Brown has the expertise to handle all aspects of estate and gift tax planning. Our goal is to assist our clients in analyzing and implementing strategies that will enable them to transfer assets to their chosen beneficiaries, while minimizing gift and estate tax consequences and estate administration expenses. Our services include:
- Wills and living trusts
- Irrevocable life insurance trusts
- Personal residence trusts and other grantor retained interest trusts
- Business succession planning
- Family limited partnerships and limited liability companies
- Charitable remainder trusts and other planned-giving techniques
- Premarital and post-marital agreements
Trust and Estate Administration
Burnham Brown provides a full complement of trust and estate administration services. We are experienced with practices and procedures in all Bay Area probate courts, as well as in probate courts throughout the state. Our services include:
- Probate administration representing both individual and institutional fiduciaries
- Post-mortem trust administration
- Administration of lifetime trusts, such as irrevocable life insurance trusts, charitable remainder trusts and special needs trusts
- Court-supervised and non court-supervised accountings
- Preparation of federal estate tax returns
Planning for Incapacity or Disability
We assist our clients with planning for disability or incapacity through a selection of appropriate decision-making mechanisms. When no planning has been implemented, the only option may be the establishment of a guardianship or conservatorship. Burnham Brown attorneys have significant experience in handling these proceedings. Our services include:
- Durable powers of attorney for financial management and health care
- Advance health care directives
- Establishment and administration of conservatorships and guardianships
- Special needs trusts, including establishment of trusts in the context of settlement of personal injury and medical malpractice actions
Trusts and Estates Litigation
In conjunction with Burnham Brown's Litigation Practice Group, our trusts and estates attorneys represent both individual and institutional fiduciaries, beneficiaries, and others in a variety of litigated matters. Our attorneys have litigated cases throughout the state, including:
- Will and trust contests
- Elder abuse
- Actions by and against trustees, personal representatives of estates, conservators and guardians for breach of fiduciary duty, removal, and surcharge
- Contested appointments of conservators and personal representatives of estates
- Objections to, and defense of, probate, trust, and conservatorship and guardianship accountings
- Petitions to determine entitlement to estate and trust distribution
- Actions involving creditor claims
If you want to speak with a Burnham Brown attorney specializing in this practice area, please call 510-444-6800 and ask to speak with a member of the Trusts and Estates Practice Group.