Practice Areas and Legal Definitions

Probate: 
Probate is the legal process of transferring property following a person's death.  Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will); his or her property is collected, certain debts are paid from the estate and the property is distributed accordingly.

Wills:
A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death.  Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts.  In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Will Contest Litigation:
A Will Contest is a type of litigation that challenges the admission of a Will to probate.  Issues that are likely to spur the contesting of a Will include:  

• the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document or
• the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will or use the last previous Will.

Trusts:
Trusts are estate-planning tools that can replace or supplement Wills and can also help manage property during life.  A trust manages the distribution of a person's property by transferring its benefits and obligations to different people.  Maintaining assets in a Trust often makes it easier to minimize taxes and leave a larger inheritance.  A Trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus reducing the Beneficiary's tax burden, allowing the Trust to grow through investment, and keeping assets free from creditors of the Trust beneficiary.  Trusts can also be established for the benefit of charitable organizations.

Probating Estates:
Estates are categorized as probate or non-probate property.  Probate property is property that is transferred by the provisions of a Will.  Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Estate Planning:
Good estate planning is more than just a simple Will.  It minimizes potential taxes and fees (including Federal and State gift and estate taxes), and sets up contingency planning to make sure wishes regarding health care treatment are followed before and after death.  A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan) and other property in the event of disability or death.

Powers of Attorney:
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent).  When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions for the incapacitated person.  One of the ways to avoid government or court intervention and the appointment of a stranger to act as your guardian, is to use a Power of Attorney.  A Power of Attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her.  There are two types of Power of Attorneys; one covering assets and one covering health care decisions.

Estate Litigation:
Estate litigation is a legal dispute usually initiated by someone who feels they did not receive all they were entitled to in a Will.  Wills can be challenged if it is suspected that the Will is not legally valid or if the person who was writing the Will was wrongly influenced while creating it.

Conservatorship:
A conservatorship is a court order that a person deemed fully or partially incapable be subject to the legal control of another person.  The conservator is responsible for the assets and finances of an incapacitated person.  Many jurisdictions use the term "guardian of the person" to refer to the same legal principle.  It may be necessary to petition a court to appoint a conservator for persons:

• Who have physical or mental problems that prevent them from managing their own financial affairs;
• Who have no person already legally authorized to assume responsibility for them; and
• Where other kinds of assistance with financial management will not adequately protect them. 

Guardianship:
A guardianship is a legal relationship created by a court between a guardian and his ward, either a minor child or an incapacitated adult.  The guardian has a legal right and duty to care for the ward.  This may involve making personal decisions on his or her behalf, managing property or both.  Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity or disability.

Courts generally have the power to appoint a guardian for an individual in need of special protection.  There are different types of guardians that can be appointed.  A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian.  A person may also be appointed as a special guardian, having limited powers over the interests of the ward.  A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

Private Annuities & Charitable Trusts:
In a private annuity trust, an owner transfers property to an irrevocable trust in exchange for a promise to make prescribed payments to the owner for his or her lifetime.  The trust then sells the property to a third party, the proceeds of which are invested to provide the payments promised to the owner.  On death, the remainder of the trust estate typically passes to the heirs of the property owner.  The trustee must be someone other than the property owner.

A charitable trust is somewhat similar to a private annuity trust, except that the owner transfers property to an irrevocable trust of which one or more charitable organizations will be beneficiaries.  The type of charitable trust most likely to be used is a charitable remainder trust, in which the owner retains an income interest for his or her lifetime.  The property can be sold by the trustee and the proceeds invested to provide the payments to the owner.  On death or after a specified term of years, the remainder of the trust estate passes to one or more designated charitable organizations.  Unlike a private annuity trust, the trustee can be the property owner.

If you or someone you know in Orange County or throughout Southern California needs the assistance of an experienced Orange County Estate Planning Attorney, call Zev S. Brooks today at 866-641-5331, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in Orange County or throughout Southern California needs the assistance of an experienced Orange County Estate Planning Attorney, call Zev S. Brooks today at 866-641-5331, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Zev S. Brooks, Attorney at Law
4380 Cerritos Ave.
Fountain Valley, CA 90720
Telephone: 866-641-5331
Fax: 714-964-1079

MEMBERS OF THE FIRM:

Zev S. Brooks
I was born on June 4, 1967, in Savannah, Georgia, and spent the first ten years of my life on the East Coast. In the summer of 1977, I moved with my family from Philadelphia, Pennsylvania to Orange County, California, settling in Garden Grove.

In 1985, I graduated from Loara High School in Anaheim, California, and attended UCLA where, in 1989, I graduated Phi Beta Kappa, Cum Laude with a degree in Communication studies. While at UCLA, I spent my junior year studying at Hebrew University in Jerusalem.

Upon graduating from UCLA, I attended law school at the University of Southern California (USC) where I graduated in 1992.

After graduating USC law school, I began working in the Century City (Los Angeles) law firm then known as Christensen, White, Miller, Fink & Jacobs but discovered that a big firm practice was not to my liking.

In 1994, I opened up my own practice in Los Angeles, California, but have since relocated to Orange County, CA where I practice in the areas of estate planning, probate, business litigation, contract litigation, employment litigation, intentional torts such as libel, slander, conversion, and NASD arbitration.

In addition, since 1994, I have served the congregation of Temple Beth Emet in Anaheim, California as their Cantor.

In May of 1997, I married my wife, Yvette, and we are the happy parents of two daughters, Jacqueline, born April 12, 2000 and Danielle born March 13, 2003.

My other interests include song writing, playing guitar, and traveling.

A HUMOROUS LOOK AT THE PROFESSION:
A young lawyer was at a job interview when the hiring partner told the prospective employee that his firm was only interested in hiring ethical and honest lawyers. The young lawyer responded, "Sir, I am very honest. In fact, I borrowed $15,000 from my father to go to law school and paid back every cent after I handled my first case." Impressed, the hiring partner asked, "What was the case about?"; to which the young lawyer answered, "My father sued me for the money."