Greg Glaser : Attorney At Law

Practice Areas

Estate Planning

I offer a complete package estate plan tailored to your specific needs. For a flat fee, the package for most married couples includes one living trust, two pour-over wills (these are standard, to catch any property not put into the trust), two durable powers of attorney, and two advance healthcare directives. I take time to counsel clients on legal and tax matters (e.g., benefits of living trusts versus wills) as well as advanced estate planning options, depending on each individual client's needs and preferences.

Estate planning can help you:

• control assets and minimize taxes
• provide for self, family, friends, and community
• enjoy some peace of mind

Please contact me for a free consultation to determine whether my flat fee services are the right fit for your needs. (925) 820-2562 or gregoryjglaser@earthlink.net

Estate Plan Basics

Living trusts and wills are used to name the beneficiaries to whom you wish to leave your assets, as well as to name the guardian(s) for your children. A durable power of attorney designates an agent to carry out your financial affairs should you ever find yourself physically or mentally unable to make your own financial decisions (i.e. pay bills, sell or buy assets). An advance healthcare directive is a document that allows you to express your wishes regarding life support and medical care.

For those wishing to ensure the continued care of a disabled child or elderly parent, it may be helpful to create a special needs trust within your living trust or will.

And some will find it worthwhile to create a "529 College Savings Plan".

Your attorney can also work with your life insurance agent to ensure that extra funds are available to pay any debts your estate may owe when you die. This is designed to prevent a reduction in the amount you give to your beneficiaries.

Living Trusts versus Wills

A living trust is like a will, but with two extra advantages:

• tax savings for certain estates
• avoidance of probate (court proceedings at death)

Although the amount of paperwork required to document the trust is substantial, an attorney can handle the process for you. Some individuals opt to use forms and software from the Internet to create a living trust, but this is not necessarily advisable.

A living trust is often likened to a basket that you put property into. At least one person must hold the basket - this person is called a "trustee" and is responsible for managing the assets. (Usually couples name themselves as co-trustees). The main purpose of a living trust is to designate the beneficiaries of your trust. Your beneficiaries are the persons (and/or organizations) to whom you wish your assets to be distributed at your death.

It is useful to know which assets can pass outside the probate process, such as living trust assets, a 401(k) plan, IRA assets, pension plan, annuities, life insurance, joint tenancy property, pay-on-death accounts, lifetime gifts, and property passing to a spouse.

A will also directs how you wish your property to be distributed upon your death. However, if you own real estate, or personal property assets totaling more than $100,000, that will be passing under your estate, your will must be formally probated through court proceedings. Probate proceedings are public, and are often described as costly and lengthy, and provide an opportunity to disinherited heirs to challenge a will. Nevertheless, some would prefer to have close judicial supervision over the distribution of their estate. If so, one probates an estate by following the prescribed routine for proving the validity of the will, paying the requisite court fees, distributing property, paying creditors, and filing tax returns.

Interstate Succession Laws

If you decide to forego the creation of an estate plan, then after death your assets would be distributed based on California's intestate succession law. Any community property you have passes to your surviving spouse. Any separate property is distributed as follows: If you had only one child, the surviving spouse and child receive one-half each. If there is more than one child, the surviving spouse receives one-third of the separate property, and the children receive equal shares of the remaining two-thirds. If there is no surviving spouse, property is distributed equally to surviving children. If there are no children and no spouse, your potential heirs are grandchildren first, then parents, then siblings, then nieces/nephews, then cousins, and lastly, the State.

• Wills and trusts
• Estate and wealth transfer planning

• Advance healthcare directives
• Durable powers of attorney

Real Estate

A lawyer can be of assistance to clients purchasing, selling, owning and managing real property, as there are many legal variables and questions that can arise that your realtor may be unequipped to handle. Basically, a lawyer can help ensure the process goes smoothly, without incident or surprise.

For example, in the purchase and sale of a home, there are different forms of deed available (i.e., quitclaim deed, warranty deed), and it is important to know ahead of time what you're buying/selling. Similarly, it is helpful to know the legal capacity in which you are buying/selling (i.e., community property, joint tenancy, individual).

Choosing between different forms of title insurance (i.e., ALTA or CLTA) is another matter that may merit a legal opinion at the outset. Likewise, it is important to assess the nature of any liens, encumbrances, easements, or restrictions on the property. And while the allocation of closing costs is negotiable, there are standard practices, and a lawyer can help advise on these matters as well.

Sellers in particular may want the advice of an attorney with respect to a listing agreement, to ensure that a defined commission is earned only if the property is sold. And an attorney can also advise whether the seller will qualify for exclusion of capital gains tax arising out of the sale.

• Purchase and sale agreements
• Lease agreements
• Options
• Trusts
• Real estate brokers and listing agreements
• Deeds
• Tenancy in common
• Joint tenancy

• Title Insurance
• Escrows
• Mortgage loans, financing and appraisals
• Real property management
• Land use and zoning
• Environmental
• Easements
• Residential co-ownership agreements

Contracts

I offer to draft, review, and negotiate contracts, in addition to providing compliance and mediation services.

The basic elements of a valid contract are offer, acceptance, and consideration.

Hiring an attorney to draft a well-defined contract may save you time and money in the long run, adding stability and predictability to your business venture. For example, sometimes it is necessary to modify a contract due to changed circumstances, and if these circumstances can be anticipated in advance, then a 'condition' or 'option' can often be inserted into the contract to provide greater applicability. Likewise, it is often helpful to specify a time or event that will cause the contract to end by its own terms.

A contract attorney can also be useful in drafting clauses that are standard for the type of contract that is the subject of your business venture, as well as tailoring specific clauses to address any special goals.

• Sales
• Manufacturing and supply
• Employment
• Real estate
• Business
• Entertainment

• Marketing
• Auto
• Agency
• Construction
• Insurance
• Partnership

Insurance

I offer to assist clients with submitting insurance claims, and also provide counsel to clients who have had a claim denied unreasonably.

When submitting an insurance claim, it is helpful to make sure you have a copy of your insurance policy. If not, request one. You will also want to make sure that you report your claim in a timely manner, and take care to list your losses accurately. If the claim is for property damage, you may need to take steps to prevent the property from suffering a total loss. Adjusters are supposed to be there to help you, and you should help them by being respectful, courteous, and truthful. Also, maintain a log of all your communications with the insurance company.

The insurance company is supposed to respond promptly to your claim, investigate in an objective manner, inform you of whether or not you have coverage for your claim (along with time limits and potential exclusions from coverage), provide you with any needed forms, and either approve or deny your claim in writing.

• Insurance policies

• Insurer obligations under law

Constitutional Law

I have observed that both liberty and sustainable living are constantly under threat in America, and it is important for individuals to stay vigilant. I offer legal services in this practice area to individuals willing to promote fundamental constitutional ideals.

• Commerce
• Privacy

• Due process
• Freedom