Greg Glaser : Attorney At Law

Representing individuals and local businesses

Practice Areas

WILLS AND TRUSTS ~ REAL ESTATE ~ FSBO ~ CONTRACTS ~ CONSTITUTIONAL

Estate Planning

I draft wills, trusts, durable powers of attorney, advance healthcare directives, and estate plans. Each document I prepare is tailored to the client's specific needs and goals.

Flat Fee Packages

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, while focusing on the individual client's preferences. Utilizing the services of an experienced attorney helps you understand with greater confidence the different options available, so you can make informed choices about logistics and taxes. For example, it is common (especially for married couples) to want a living trust that distributes estate assets over time to children (i.e., payouts at age 18, 25, 30).

Estate planning can help you:

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 any 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). Lastly, 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 healthcare of a disabled child or elderly parent, depending on the circumstances it might be helpful to create a special needs trust within your living trust or will. There are several options.

And some will find it worthwhile to create a college fund in their estate plan. Not surprisingly, a "529 College Savings Plan" is just one of the options.

Where available, life insurance is often used 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 primary extra advantages:

Although the amount of paperwork required to document a living trust can be substantial, an attorney can handle the process for you. 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 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 the "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 beneficiaries of an estate. Your beneficiaries are the persons (and/or organizations) to whom you wish your assets be distributed at your death.

Like a living trust, a will also directs how you wish your property to be distributed upon your death. Except in certain cases, a will is probated through formal court proceedings. Probate proceedings are public, and in some cases costly and lengthy. Nevertheless, some would prefer to have close judicial supervision over the distribution of their estate. If so, the executor 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.

Intestate 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.

Real Estate and FSBO

Together with my general real estate practice, I help homeowners with all aspects of 'For Sale By Owner' (FSBO) transactions (click here for my flat fee packages), including full documentation of the transaction, required property and legal disclosures, complete coordination with escrow, title, lenders, and parties, and other administrative matters. This is a full-service package for much less than the cost of a broker. Please see FSBO Articles by Greg Glaser; Pro Listing with ForSaleByOwner.com

There are many ways a lawyer can be of assistance to clients purchasing, selling, owning and managing real property, especially with FSBO transactions, lease option, and rent-to-own arrangements.

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).

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 for geographic regions (i.e., Contra Costa County, San Francisco), and an experienced real estate lawyer can advise on these matters as well.

Contracts

Every contract provides both benefits and burdens. In this way, contracts can empower productivity, and yet also limit freedom.

Generally, for any contract to be valid in the eyes of the law, the following essential elements must be specified in the contract itself: (1) offer, (2) acceptance of offer, and (3) mutual consideration - something valuable exchanged by both parties.

Some contracts are required by applicable law to be in writing, such as (a) contracts for the sale of goods worth more than $500, (b) leases longer than 1-year, or any contract to buy/sell real estate, (c) contracts that cannot be performed in less than one year, and (d) contracts to pay someone else's debt. A couple exceptions to these general rules involve contracts that have already been performed, and instances of "promissory estoppel."

Hiring an attorney to draft a well-defined contract can often save you time and money in the long run, adding stability and predictability to your venture. Whether you have special circumstances or need your contract to track industry standards, there are many ways an attorney can assist.

A contract is not necessarily better just because it is long, complicated, or written in legalese. The key to drafting an effective contract is finding the right balance between legal specificity and layman's clarity. The contract should be legally detailed enough to set the terms of the transaction, but also, clearly written in plain English so that everyone is on the same page. The law even requires clarity to the extent there must be a "meeting of the minds" before the parties have a contract.

Finally, "risk" itself is a key concept to keep in mind when negotiating a contract. Virtually every sentence of an agreement (and practically in life) is related to risk. There are no guarantees in this world, but contracts are a way to specify who takes what risks.

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 in support of justice, liberty, and sustainable living.


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