2012 Recommendations

2011 Recommendations

Will to specify guardian for our children

I'm looking for someone to create a will for us that basically just says who our kids will go to if anything happens to us. We have savings but don't own property, so I don't know that a living trust is needed right now. Basically, we need to make sure that if anything happens to me or my husband, our kids would go to my brother and his wife or to my parents if for some reason my brother can't take them and that there would be no chance they would somehow end up with my in-laws (my husband is in agreement on this and my brother knows he's first in line for the kids). Who can we go to who is affordable? We've done the basic Nolo will and had it looked over by an attorney friend, but I'm wondering if we need something more ''official.'' looking out for the kids

Only in a will can parents nominate a guardian of minor children. Each parent needs his/her own will, and they should be consistent as to the guardian nomination.

Of course nothing about a nominated guardian can replace parental rights, so of course a surviving parent would prevail over a nominee.

The court will give preference to the parents' nominee,but since CA courts have jurisdiction over minors, there still needs to be a legal guardianship process. Feel free to email me if you have further questions. Lynn

If this is not a concern for you, a Nolo will is probably sufficient. Any attorney who is experienced in this area can add a couple of sentences to ensure that the wrong people cannot become guardians of your children; this kind of service should not cost you much. In my own practice, for instance, I typically review Nolo wills very inexpensively (sometimes free of charge), and even adding language like that involves less than an hour of time. Kathleen

Will and other Estate Planning for same sex couple

Looking for a reasonably priced lawyer to do wills and powers of attorney for myself and my spouse. I would be interested in also knowing from people who did this what price range could be anticipated. Cathy

Financial and Legal (Estate) Advisors Needed

Hello, We are in need of both a good, trustworthy, local Financial Advisor, and also an Attorney for some legal advice regarding estates / wills / etc. Can you recommend one, or both, of these types of professionals? We live in Berkeley. Thanks so much. Needing legal/financial estate recommendations Home grown accountant

Good Estate Planning attorney in Oakland?

Good Estate Planning attorney in Oakland? Wondering

Estate lawyer - ward of state issue

My elderly mother and her 89 y.o. domestic partner have a revocable trust but are unsure if it will protect their assets in the event my mother survives her partner. Complicating this is my mother's partner's disabled child - a longtime ward of the State of California. I'm looking for an estate attorney w/experience dealing w/ward of the State issues to review the trust and make necessary changes. Thank you in advance. anon

Seeking attorney for family trust/will

I'm looking for an attorney to handle our will, trust, and guardianship matters for our children. Seems like a simple request, but the first attorney's work was remarkably sloppy, and the second attorney wouldn't even return my calls and never performed the work asked. Someone trustworthy, who actually performs good work and communicates. Thanks! Anon

Metlaw attorney for estate planning

My partner and I are finally getting around to doing some estate planning. He has legal insurance through work, so we are looking at attorneys who provide services through the MetLaw program. Has anyone ever worked with one of the following attorneys for estate planning before? Specifically, we need to revise my partner's already-existing living trust and possibly set up one for me as well. And we need to make arrangements for designating a guardian for our kids should we both die before they're 18. Many thanks! A Rockridge Mom

Estate Lawyer recommendation

Need a recommendation for an Estate lawyer that handles family trusts and revocable/irrevocable trusts. d.

Lawyer for living trust

I am looking for someone to do a living trust for myself. I have two young children and I am a single parent, so it might be more complicated (?). I would love recommendations of lawyers who have a lot of experience with single/separated parents. Preferably near Oakland, but really anywhere in East Bay is fine if the person is good. Also, if anyone can share about how much it cost them to do a living trust, and how much it typically costs for an update (ballpark). Thank you in advance. anon

2010 Recommendations

Wills and Estate Planning

Kids now, need to set up a will

What happens if we do nothing? Is a will sufficient? Must we set up a trust? My partner is from another country and is aghast at the cost of lawyers fees to set up a trust. Many thanks for any insight you can provide about your experiences. Baffled about estate planning

If you do nothing, then your probate assets go through probate before passing to your children, a process that can take 18 to 24 months for an uncontested estate. In addition, your estate pays probate fees which are based on the fair market value of your probate assets. If you have a taxable estate (enough value to be subject to federal estate taxes) and you do nothing and one spouse dies before the other, you lose that spouse's right to pass money tax free at the death of the second spouse. And, finally, if you do nothing, then your family and a judge decide who should be guardians of your kids. This is a very general answer to your question, and I would be happy to discuss your situation with you by phone at no charge. K

Estate Planning for my mother

Personally, I knew none of this when I was contacted by Goldline myself, a year or two ago. I was excited that I'd been identified as a ''leading provider'' in my industry . . . until I was asked to sign a contract obliging me to spend over $5000 to be identified as such. That was the end of my brief contact with the company. You can Google ''Goldline Research scam'' yourself, and see what you think.

This is just a heads-up to the BPN community about the true value of a Goldline Research testimonial. learned to be skeptical

Attorney specializing financial & estate planning

Attorney to update a living trust

Wills,Trusts,Estates lawyer in Berkeley or Lamorinda

I would love the name of a Wills,Trusts,Estates lawyer in Berkeley or Lamorinda area. I'm a new homeowner, have a 9- month old daughter and will probably be getting married in the next year or so. I'm really at a loss as to what I'm supposed to be doing at this point to protect my daughter. Any information would be useful. Gwenyth

Kathryn has handled some very complex legal matters relating to trust/estate issues for our family. She can explain in lay-person terms what you might want and what it will cost. I've referred several people who've been happy with her.

Re fees: I believe hers are average, but you should call around to find out what the current rate is. All I can tell you (based on experience) is that the best value is not necessarily the cheapest. Find someone you'd feel comfortable working with under difficult circumstances, and make sure he/she is competent, because bad legal advice always winds up being very, very expensive. LK

Experience in trusts and capital gains taxes

I have reviewed a number of old postings, but still not quite sure if I found what we need. We are faced with making big decisions about my mother's SF home, who is now in a nursing home. The more we learn, the more we are overwhelmed. We have come to learn about the little thing called 'capital gain tax', of which seems to vary depending on the type of trust, cost of home, etc. Unfortunately, we employed a tax accountant/attorney in SF for basic advise, but don't feel much more educated or confident in his advise (for a variety of reasons which I will spare you). We may need to pay, once again, for someone REALLY experienced in trusts, capital gains taxes, and advise about selling vs. renting out the house. I probably need someone who can really hold my hand and explain very simply this complicated issue. East Bay ideal but not necessary, San Leandro to Berkeley. thanks, Baffled and Confused

Heather Tremain 510-835-8090 Heather@THLAW.us www.thlaw.us

Very approachable, a great ''bedside'' manner, but most importantly, excellent at what she does. She saved many thousands of dollars for my father-in-law's estate. I've met her, experienced her work, seen her talk to a group, answer questions one-on-one. When I re-do my living trust, I'm going straight to her.

At a Q&A session Heather held recently, I asked a question about retaining the tax basis when inheriting a property that will be split among beneficiaries: Heather immediately responded with some very specific language that needs to be in the trust. When I checked with my mum's trust, her attorney had not put that language in.

Heather gives you all the docs electronically as well as on paper, and shows you how to work with the materials, e.g., sometimes I've needed to remove and re-enter property from and back into my trust; that's been problematic for me because the attorney who set up my current living trust didn't tell me how to do that - just told me to call him whenever I needed it done (an expensive proposition for something that I know is simple but must be done correctly).

**BTW, Heather is on a shortlist by Goldline Research as a 2009 Leading Attorney in California; you can see that in the current issue of Forbes. Jessica B

2009 Recommendations

Hello. Would someone have a recommendation for a dependable and reasonably priced attorney that specializes in the preparation of wills? My wife and I would love to find someone who is approachable, easy to work with and has a strength in this area. Many thanks as always for any advice or suggestions! Fred

Now that we have a daughter, husband and I want to establish a living trust. Can you recommend a lawyer who can help us do this? In Alameda would be great. anon

I apologize in advance if this is duplicating a question answered in a previous newsletter, but I could not find it! I'm trying to find an attorney who can help us set up a will and a living trust. My husband is a citizen, I am a permanent resident. I need to find somebody with plenty of experience with this tricky subject, since it involves special trusts to make up for not receiving a martital deduction as a non-citizen. Many thanks! trying to be tax-savvy

We need an attorney to do some estate planning for us. We are located in West Contra Costa County but would be okay driving to the right person. Thanks Andrea

I recently did estate planning and created a living trust, will, and powers of attorney for both financial and health care with a great lawyer, Sara Diamond, Ph.D. She was very helpful, answered all my many questions patiently and made the whole daunting process quite simple and understandable. I used the UC Berkeley Legal Plan which covered the fees, but I believe she is quite reasonable if you don't have a plan. She can be reached at: www.saradiamondattorney.com or 510-548-4844 Her office is convenient in downtown Berkeley. Se Habla Espanol. I highly recommend her. Jan

I'm looking for a referral to basic will / living trust service for family with child, especially in Berkeley or Oakland.

I'm looking for a lawyer to help with a will and estate planning. I've never done either of these before, so I'm looking for someone who's honest and patient and who won't cost an arm and a leg. I live in the Walnut Creek area but am willing to go a little further out (meaning Berkeley or Oakland) if you've got a GREAT one you'd recommend. Thanks Sherry

Hello, We are looking for a recommendation for a straightforward, honest attorney (or legal advice web site?) for some estate / will questions. Also, does anyone know where to download a truly free legal form re: will codicil? Close to Berkeley is preferred. Any lawyer(s) you would *not* recommend? Thanks.

2008 Recommendations

Can anyone recommend a thorough attorney that can help us set up appointment of a legal guardian for our young son, should we both die? panicked mom

Can anyone recommend an attorney who takes UC legal insurance to do our will/set up a trust? This is one of those straightforward, necessary things in life that we haven't done because we don't have good future guardianship for our children. Has anyone ever set up their will with this same issue at hand? It seems irresponsible to not set our legal documents in order, but the issue of who would care for our kids is really worrisome for me. Any advice or attorney recommendations? -anon.

Has anybody worked with attorney Greg Brockbank from Marin County to draw up a Living Trust? Anon

I first hired Kathleen to help my siblings and myself out in a messy Estate/Probate case. She delivered such positive results with the Estate case that my husband and I moved forward with hiring her services again, but for putting our Trust together. Kathleen was very thorough in this process. You can tell when you first meet Kathleen that she is exceptionally ''results driven''. I am a very busy Technical Consultant working globally with demanding clients; Kathleen made it very easy for us to get together by meeting with me at my home in the evenings and on the weekends. Kathleen is a very delightful person and a pleasure to do business with and her rates are very reasonable. Marty

Hi, My husband's mother is suffering from early-stage Alzheimers and she lives in MD and we are trying to bring her out to CA and obtain legal guardianship. We are looking for an attorney who can answer our questions and help us to get her into a good care facility. Thank you. Jan

2007 Recommendations

My husband and I recently moved to Berkeley and are expecting our first child. We would like to start a living trust and need reliable and reasonable lawyer in the Berkeley area. Thank you for suggestions in advance. getting our assests in order.

She works quickly, efficiently and often by email/IM. Her rates are very competitive and she proposed ways that I could save money by doing some tasks myself.

She even took care of managing my husband's legal representative for completing our post-nuptial (needed to get mortgage help from my family) since my husband and his lawyer couldn't get around to completing the document. a

Does anyone know a lawyer who could help us update our will and living trust. We would like someone who is kind, thorough, knowledgable, and does not rush you and make you feel unimportant. In alameda or close by is best. mirsun

I wanted to echo the recommendation of Kathleen Hunt as a great estate law attorney -- she helped us with our estate planning and was kind, timely, and reasonably priced -- she has also helped us with numerous follow-up questions (at no charge) in the last few months -- she is very pleasant and will accomodate to your schedule (evenings or whenever) -- you can reach her at www.uniquelaw.com or 510-289-2288 (she's in el cerrito). Marguerita

I'm looking for someone to do fairly straightforward estate planning: simple wills, power of attorneys, etc. I also have an ILIT and may need to set up a trust as my wife is not a citizen. Most of this work (not the trust) was already done in another state, so this is primarily a matter of reviewing and updating as needed. I would like to find someone who 1) will take the time to explain things to me and 2) doesn't cost a fortune. If you've had any good experiences let me know. Todd

2006 Recommendations

I am looking for a recommendation for an inexpensive, yet quality attorney who does wills/trusts. We are especially concerned with setting up custody and financial arrangements for our children if both parents should pass away. I live in Alameda but am willing to see someone anywhere in the East Bay. Thanks! Melanie

We're ready to set-up a living trust and are looking for recommendations for a lawyer. Ideally, we'd like someone who is extremely knowledgable about the ins-and-outs of living trusts, friendly, responsive with fair fees, and located in the East Bay or San Francisco. My sister would like to use the same person as well. Thank you!

Has anyone used the ''We the People'' office in Oakland to prepare their living trust? I understand it is not a lawyer, but a document service that prepares the document for you that is legal and proper. Did you get good service, any problems? It is quoted for $400. I am a bit hesitant about forking out $2K for a trust with a lawyer
Shopping for Trust

Cindy Elwell
Divorce with Dignity
1138A Ballena Blvd., Ste. 2
Alameda, CA 94501
510-523-7290

Hello, Can anybody recommend a good estate planning attorney who would be licenced in both, California and Nevada? We have properties in both locations and would like to only work with one person. Thank you! Elena

We're finally getting ready to do our living trust. The price range from $800 to $8000 plus. How much should we pay? Do they get pay by hourly or by projects? Is there a difference in the outcome of the living trust(paying $800 vs $8000)? I know there are computer software out there that does living trust. If we pay someone to do it, I hope they don't just plug in our information. We appreciate any commend and recommendation ? Lisa

What you want is an attorney who will ask you enough questions, and spend enough time, to ensure that you have an estate plan that's right for you and your particular situation. Beyond that, it's really just a matter of your comfort level. Do you want a big firm? That will usually cost more. Do you want a solo practitioner, or small firm? Often, that means a less formal environment. It all depends on what makes you feel comfortable.

You might consider checking out the lawyer directory on Nolo.com. The listings include a lot of information about the lawyers, as well as their fee structure, so you have a pretty good idea of your choices before you even call anyone. Most estate planning lawyers charge flat rates for estate planning packages; it helps ensure plenty of time for asking questions
Kathleen Hunt

Anyone have a recommendation for an estate attorney? The previous postings are a few years old, and the two most recent names don't seem to be at the same location. We need to set up our wills, and determine whether/which type of trust to establish. Want to do this asap, baby #2 around the corner, and then we'll never get around to it. Thanks.

2005 Recommendations

We are a lesbian couple that needs to update our current wills and create a living trust due to the upcoming birth of our son and some real estate changes. We are looking for a local legal advisor with reasonable rates.

Am looking for a laywer to put together a will/trust for our family - it should be simple we have 1 child, 1 house & our belongs. How much should this cost? There is a ''we the people'' office in Walnut Creek - has anyone used them & How did they compare for cost? Thanks Need a Will

Their office is in Piedmont, but Gigi did the estate plans for me and 4 of my colleagues here in Lafayette. (She comes to you) She also teaches law school JFKU in Pleasant Hill, so she's familiar with Contra Costa. I did some price comparisons and she's still reasonably priced -- she's been at this for years, but they just started their firm, so they are still competitive. I'd grab them now before they get too busy! You can reach Osterloh and Orta at www.oolawlaw.com or gigi[at]oolawlaw.com.

Feel free to contact me with questions. Good luck! amy

Genevieve Orta, Esq.
231 Palm Drive
Piedmont, CA 94610
510.594.8483 tel
510.282.8483 cell
510.291.3211 fax
gigi[at]oolawlaw.com
www.oolawlaw.com

Robert A. Martin, Esq.
Suite 500 1500 Newell Ave.
Walnut Creek, CA 94598
925-935-9935

2004 and Earlier

Can anyone provide feedback about working with lawyer Andrew Tanenbaum for estate planning (will, guardianship, etc.)? I keep seeing his ad in the Parents Press. I've already checked the archives and the last entries on estate planning attorneys were Jan 2003, so if anyone has any recommendations for other affordable estate planning lawyers (or ones to avoid) that aren't already listed there it would be greatly appreciated.

I'm looking for a recommendation for an estate planning attorney in the Lamorinda area or Walnut Creek to draw up a trust for my family. It would be great if the rates were reasonable too! Thanks.

Are you in need of a will, trust, advanced directive, and all the related ''stuff'' but too overwhelmed to start the process? If so, I have the perfect Estate Planning Lawyer for you! My husband and I began working with Linda J. Miller when I was pregnant with our first child. Linda was recommended to us through a colleague and we couldn't have been happier. She is a very down-to-earth, informative, and professional woman to work with on such touchy and delicate matters (I cried every time we talked about the various ''what if'' scenarios with death). She walked us through the various documents that we needed, the California laws and interpretations of probate, trusts, and the like. She was always graciously willing to repeat information until we fully understood. Her prices are very reasonable and in line with the going rates (we did contact several other lawyers at the time). Heck, she even makes beautiful baby blankets! Contact her by phone or email at lawoffice[AT]lindajmiller.com. She's in downtown Oakland. Nancy

2003 Recommendations

My husband and I need to establish a living trust, primarily for privacy reasons, because I am being stalked. The goal is to keep private certain records that are ordinarily matters of public record (i.e. house purchase). Can anyone recommend a wills & trusts lawyer? Thank you.

My husband and I just completed setting up a Living Trust (for probate avoidance, regardless of the vagaries of tax rates, and to formalize aspects of our marital agreement). We also executed Wills, Advance Directives for Health Care Decisions, and Durable Powers of Economic Decision. It feels great to have this done! Despite whatever modifications might be made in the years to come, having the basic structures in place is wonderful for peace of mind.

With great enthusiasm, I recommend the attorney we used: James L. Kaller, a certified estate planning specialist with more than 20 years experience. Jim gave close attention to our somewhat unusual situation and wishes, and counseled us thoroughly as to implications, consequences, and choices. He made sure that all our documents were consistent and coordinated. He is friendly in a genuinely caring manner, kept to the timetable we jointly set, and was a pleasure to work with all around. After our initial consultation (at our home in Oakland, since we live near him), we hammered out details quite efficiently via email, and needed to go to his office in San Francisco's Financial District only for the final signing/notarization -- well worth the BART ride! Afterward, he hand-delivered to us at home our original documents, each labeled in individual envelopes, with a full set of copies and follow-up materials organized in a three-ring binder.

Amazingly, Jim's fee was less than $1,000 in total. I know that it's quite common for attorneys to charge two to three times that much! Bonus: if you'd rather converse in French, Spanish, Mandarin, Russian, or German, Jim can do that -- no kidding! Really, this was the best experience I've ever had with an attorney -- and that's saying a mouthful. His info: 415-362-9134, jameskaller AT batnet.com Sharon

I got a recommendation for a lawyer specializing in wills, trusts, guardianship, and so forth, whose very thorough and informative packet of info included a generic estimate of a fee of more than $2000 for complete estate planning for two people. We have a baby, a house, life insurance, some small-potatoes investments, and some pension fund, but am I wrong to think that this is an exorbitant fee, or at least that our own arrangements will not require this much chargeable time on her part? What have other people paid lawyers for these services? The website had almost no mention of customary attorney fees. Karen

My typical fee for estate planning for someone in your situation would be $1000 plus costs. Costs are things like County Recorder's fees and typically run from $10 to $50.

I recommend that you make sure that the attorney is experienced You should ask what their primary area of practice is (it should be either tax, estate planning or probate) and how long they have been practicing (at least 5 years, preferably more). As a bonus, the state bar certifies specialist in estate planning, trust and probate. To be certified as a specialist, you need to have enough experience and have passed a test (most attorneys are not).

I hope that I have been helpful. If you have any questions, you can call me at my office. No obligation. I practice in Lafayette, but will make house calls in Oakland or Berkeley.

Best Regards,

Stewart W. Lenz LenzLaw AT aol DOT com 925.283.4255

2002 & Earlier

Does anyone have a more recent experience (than those posted in the previous recommendations) for an attorney specializing in wills, trusts and estate planning? I am looking for someonne to draw up a living trust that would include special instructions on the care of a child. So I want to avoid lawyers who rely on a standard format for a trust. Reasonable rates would be nice too.

Re: trust attorney: Give attorney Nicolette Mandl a call at least for a telephone interview. She is really smart, very attentive to detail, does not use a "boiler plate" trust document (as I have found some trust attorneys do), and her price is reasonable. She works out of El Cerrito and her number is 510-525-2500. --Kim Kim

We need a person who can help us three daughters sort out issues related to our mother's estate, which includes some property, some cash/bonds/stocks, and a life insurance policy. I keep thinking there must be someone out there who can look at all this from our point of view, help us brainstorm possibilities that would satisfy us all, and know enough about the tax and legal consequences to include these in any discussion and/or analysis. We have a estate/trust lawyer (at $225 an hour!) and mom's tax person at substantially less, but still a lot. There must be some way of doing this with help that isn't so piecemeal and expensive. Has anyone been through this with someone they would recommend? Thanks Susan

I would like a recommendation of a lawyer to prepare a will (or trust?) for my husband and me. I have the UC legal insurance. Has anyone out there used this to have a will prepared? Any advice and/or recommendations would be appreciated. I'd prefer to use someone in Berkeley or close by. Sally

I recently updated my trust and will, and changed the guardians for my child in the event of my death. I was recommended by two different people to see Robin Pulich, an attorney in Berkeley on Shattuck Avenue. I was *very* pleased with her services. This kind of work is her specialty and she has a clear and helpful guideline on how to choose a guardian. After discussing this issue with her and applying her criterion for selecting a guardian, I felt no more ambivalence about it. I knew which guardian to choose. She is a participant in the UC Legal Service insurance program, so if you have that coverage consulting her for a will or trust would be considerably less costly. However, whether or not you have the legal service, I would highly recommend Robin. She is professional yet low-key, down to earth and enjoyable to work with. From: Linnea

On a good lawyer for making a will - We had a good experience w/ Atty. Monica Dell'Osso in Oakland (444-6800). She is extremely experienced (& affable, reliable, etc.), so even though her rates are high, she's probably a good deal (takes less time, etc.) Melanie

Mary says:
=>...we really need to put together a decent will. Any
=>suggestions on where to start for good, reliable, clear
=>information?

There's an excellent WWW site that lets you build & modify all sorts of legal documents, including wills: legaldocs.com

-=-Dave

Their office is on Shattuck near the intersection with Center (across from the main BART station terminal, one block west of campus), which I imagine is reasonably convenient for most people on the list.

The phone book lists the firm as David J. A. Martin Professional Corporation, but Mr. Martin is semi-retired and probably won't take new accounts. Instead, your account would be handled by Mr. Holmes, who has 15 years experience and worked with a couple of large firms in San Francisco before joining this firm, which is fairly small. (Sorry if that sounds like an advertisement, but I thought people might want to know.)

Their number is 843-5800, if you want to give them a call. --Steve

Katy

Both these books are written like workbooks to help you figure out everything you need to know and then you type it up yourself and get the witnesses.

Hope this helps,
Laura

On the matter of wills, NOLO Press also has software called, I think, WillMaker. Very easy, with a pretty good manual (describing things like differences between states on various matters, etc.). If you don't need to see an attorney, this is a simple alternative. Barbara

I have the legal service plan which covers wills. It paid about $400 of the $1000 cost of creating a living trust. There is some leg work involved in changing the name on your assets to the name of the trust, but a good lawyer should give you the proper forms to make this an easy process. Also there are tax effects that can determine whether you want to use a will or a living trust.

Having been burned by lawyers quite a few times, even if you decide to use one, I suggest getting yourself a book and reading it before you make your appointment. The first time I didn't know what questions to ask and that cost me a lot. Even if you don't understand the ramifications of everything in the book at least you'll know what questions to ask. Ask up front about the charges to draw up the papers (both hourly and what the final cost will be) so there won't be any surprises when you get the bill. I'd also ask about the costs of probate, because finding this out after your spouse has died will add to the stress of dealing with your loss.

I know that this is a difficult issue to deal with. People don't like to think about their own or close family member's death, but the consequences for the survivors can be devastating. Thinking and dealing with the issues when you first have children (or ideally once you have any assets that will need to be disbursed, get married, etc) is much better than dealing with it in crisis or not dealing with it at all. I have also seen the difficulties when there is no will and that's even more stressful. You want to be the ones to decide who will take care of your children if the worst happens, and your children need to know this also.

Finally the lawyer on the legal service plan that I used and who was direct, up front and compassionate is Frank Lowe. His office is on Shattuck at Center street. I don't have his phone number at hand, but he's with the law firm of Pulich and Lowe.

Good luck.
Debbie

Nolo Press has some good, straightforward books about estate planning, wills and trusts. I have found them at Barnes & Noble and would bet they are also available directly from Nolo press, which is a local publisher.

Also, if you are an employee and belong to the legal plan, one of the benefits is making a will. You can also call their 800# and ask to speak to a lawyer about things you need to take into consideration and also get a local list of providers. Marie

Need a UCB Legal Plan attorney to do our wills

Hello, I work for UCB and was wondering if anyone who also works for UCB knows of a good UCB Legal (ARAG) attorney that does wills through ARAG at Berkeley. If you know of one, can you please give me a few names to work with, it would be very much appreciated. Thank you. anon

We want to draw up a will and possibly a trust using one of the lawyers in the UC Legal Plan (now administered by ARAG.) Does anyone have any recommendations on lawyers that are currently in this plan? I noticed that the hourly rates vary widely (from $150-300/hr)--is this a case where you get what you pay for? Do more experienced lawyers tend to charge more?

Also, how was your experience with the ARAG plan? Can a will and trust and other advance directives be completed within the initial 8 hours, or will we need to spend more time (and money)? We have a daughter we need to designate a guardian for, but otherwise, minimal assets (no property, etc.) Do we need to fill out any forms ahead of time? Would it be helpful to assemble a basic will or trust using Nolo Press books and software first, or is this unnecessary?

The archived recommendations are minimal, and also don't address the new plan administrator (ARAG) and other questions. Trying to get our wills together

It will be helpful if you have everyone's full legal name, address, relationship, what your assets are, how you want it to be divided, and in what order, whether certain items are excluded (you've already designated a beneficiary), specific items that will go to specific persons, who you want to assign as the executor etc. As a side note, sit down and make a list of all your assets, account numbers, institutions, locations etc. so should something happen to you, it can be accessed easily.

The hourly rate are for when you use their lawyers for trials and such, all other services listed are included unless noted otherwise.

In the meantime, prepare a holographic will until you get that one drawn up. Basically, just write out what you want done in your own handwriting and sign it. It would be helpful to have a witness but not necessary. This handwritten note will hold up in court as a legal document until you get the formal will drawn up. shedragon

Does anyone know of a good attorney in the Signature Legal Care plan, the plan offered to UC Berkeley employees, who could help me draw up a living will? I'd prefer someone in the Berkeley/Albany area, perhaps near campus, where I wor anonymous

Do-it-Yourself and Low-Cost Wills

We are a young couple that just started our family and we need to get some sort of will/power of attorney in place to assure our kids are taken care of in the event something were to happen to us. We just bought our first home and are broke.. and will be for awhile.

My questions are: 1. which legal documents are crucial for us to do at this time? 2. Do I need to go to an attorney or do you think the Quickbooks or Nolo Press on-line will writing programs are okay? 3. Any ideas on how much it typically costs to get these documents written up by an attorney?

Thank you for any help you can provide! broke but still want to be responsible!

     - a revocable living trust (because you now own a home);
     - a pour-over will (which is a will that goes with a trust);
     - a durable power of attorney for finances (to allow each
other, or someone else if necessary, to take care of your
financial affairs if you're incapacitated); and
     - an advance health care directive

Most estate planning attorneys that I know offer the above four documents as a package deal for a flat rate. Of course, the amount of that rate varies tremendously, depending on location (San Francisco usually costs more), whether you want a big firm (solo practitioners tend to charge less), and so on. I've seen it as high as $5000 for a couple in San Francisco at a boutique firm; since that's more than twice my own rates, I'm just amazed by the range.

On the other hand, price isn't everything. More than anything else, you'll want to find someone that you really feel comfortable talking to. Ideally, you'll work with this person for years to come; your comfort level over time is a lot more important than the immediate price tag. And of course, there are other amenities. I travel to my clients' locations, rather than asking them to come to me, anywhere from Guerneville to Santa Cruz. Another great local attorney has her office right at a BART station and makes sure to be available during the lunch hour for her clients' convenience. And so on.

Consider shopping around. There are a lot of ways to find attorneys in the Bay Area. Personally, I recommend the archives here at BPN, or the lawyer directory at Nolo.com, as good places to start. Then call around. Talk to a few attorneys until you find someone you like. Good luck!

My husband and I would like to designate my parents as guardians of our son in the (unlikely) event that we both die. Do we have to go to a lawyer and fill out formal documents? We don't have any assets, and do not care who our stuff goes to-- we just want to make sure that guardianship for our son is set. What is the cheapest way we can do this? Is it true that we can just write a letter to this effect and sign it with witnessess signing as well, or do we need a lawyer to help us? What have others done about this? ag

Also, you say you have no assets. While that probably means you don't own a house (or maybe a car, either), I imagine that you do have some ''stuff.'' Even if it's just clothes, books, and miscellaneous furniture, it's stuff. Why make somebody you care about, like a family member or friend, try to go through all your stuff without any guidance from you?

I'm a lawyer, so I'm probably biased in my suggestion that you should see a lawyer. There are often possibilities that people don't think of on their own - that's probably the most useful part of talking to someone experienced in this area. For instance, a lawyer could remind you to complete Advance Health Care Directives and possibly financial Durable Power of Attorney forms if needed. A lot of lawyers (including me) also offer free consultations if you like. It's worth considering.

Given your circumstances, though, you might be perfectly well served with Nolo's WillMaker Plus software. It's even on sale right now, I think, if you go to their website (www.nolo.com). It's a well-known and reliable resource for a simple basic will, which would include a guardianship provision. Kathleen

I'm a single low income mom seeking an attorney who can review a simple will to let me know if I have left out anything and if I am using the correct form. I am looking at the California Statutory Will Form as a simple way to do a will that will give legal guardianship of my daughter (to dear friends) and will also let her/ them collect on my life insurance. I have no assets. Can anyone recommend an attorney who can review this form with me for a reasonable / low fee-- I imagine it would take no more than one hour and I really need piece of mind on this. Also would like to know if other parents have used this form.

Second, your life insurance will be paid to whomever the beneficiary on the policy is. You need to contact your insurer and get a change of beneficiary form. Attempting to change the beneficiary of the insurance policy via your will is NOT effective. Also, you may want to leave the life insurance proceeds to your friends, in trust for your daughter. You may also wish to change your bank accounts, in a similar way, to payable-on-death accounts, for your friends in trust for your daughter.

Finally, I recommend that you check out Nolo Press, which has a number of self-help legal books on this very topic. They're listed on Nolo's website, and might be $25 well invested -- much cheaper than any lawyer. (Good estate planners are expensive.) The library might have them, too. Wendy

Estate planning for domestic partners

I'm looking for any recommendations for an attorney who is familiar with estate planning (living trusts/wills, etc) and the special considerations for a lesbian couple with children. Especially considering that a new domestic partners law goes into effect in January. Thanks! Ruth