Contact

➤ LOCATION

2258 Santa Clara Suite 2

Alameda, CA, 94501

☎ CONTACT

info@patriciascottlaw.com
510-263-8808

Estate and Legacy Planning

For many people, the fact that they have not yet created a legally binding estate plan is something tucked away in the back of their minds that will resurface at different times – the death of a loved one, a wedding, the birth of a child, a change in financial circumstances.  And, what we hear time and time again after clients have executed their documents, is that they feel an overwhelming sense of relief at having this taken care of.  This sense of relief is important - it frees the subconscious mind from a sense of burden.  It creates peace, as well as relief. 

Creating an estate plan gives you the opportunity to exercise control while you still have it. Most people have only a vague idea about the laws regarding passing property at death, and what happens in the case of incapacity. There are a myriad of situations where, if you have not created an estate plan, what actually happens may be vastly different than what you would have intended.

Our attorneys have combined experience in estate planning of over 35 years. We believe it is important listen to our clients to understand their unique circumstances in order to know best how to guide them to achieve their goals. Every family is different, and we outline options and make thoughtful recommendations because we know what you are creating is a ultimately a legacy. And, because we also practice trust and estate litigation, we know what can happen on the other side. Our counsel to our estate planning clients incorporates our litigation experience to deter and prevent future conflict from interfering with our client’s ultimate goals as stated in their estate planning documents.

The conflicts that arise among family members are rarely about the tax code and more about the human issues.  These frequently bring many emotional needs and unresolved hurts to the surface. Advance planning, and advance communication can greatly reduce the incidence of confusion and conflict.

Estate, Trust, and elder abuse Litigation

Being involved in an estate or trust dispute can be enormously difficult. Seeing an elder or dependent adult abused or defrauded can be heartbreaking. Litigation alone is stressful, but when it is related to a loved one’s estate or financial matters, the stress can be multiplied as it is mixed with loss. The litigation can feel like loss heaped on existing loss. Listening to our clients, and understanding their unique story is key to knowing how to navigate artfully through a contested case to achieve our clients’ goals. An intelligent, thorough, thoughtful, emotionally intelligent analysis of any situation that continues to evolve as the dynamics and goals shift and change is part of what we bring to the process. We understand that such complex relationships and situations are nuanced.

We will fight for what is right and to remedy injustice. We are skilled in all aspects of probate litigation, including will and trust contests and defense, elder abuse litigation, interpretation of wills and trusts, reformation of trusts, conservatorships, fiduciary accountings, as well as a variety of legal issues concerning estate administration. Our clients include beneficiaries as well as institutional and private fiduciaries.

Disputed probate and trust matters often require creative, technical, practical solutions to resolve emotionally charged and complex legal and financial issues. We bring our expertise, temperament, and analytical focus to approach these issues with both reason and skill. We are sensitive to related family issues.

We also recognize that mediation or other forms of negotiated resolution are sometimes in our clients' best interests, and we are experienced in preparing for and participating in those processes.

Frequently in estate planning, probate and trust matters it is necessary to work closely with other professionals to provide our clients with multidisciplinary services. We have significant experience working with tax, medical, and financial professionals, as well as with other attorneys.

Probate and Trust Administration

We will walk with you and your family through the process of administering the estate of a deceased loved one, whether they had a Will, a Trust, or no estate plan at all (referred to as dying “intestate”). Our goal is to be there for you -- to educate you and guide you through the process, whether it be a formal “probate” (court supervised administration of a deceased person’s estate), an informal administration of a living trust, or an informal small estate proceeding. Many of our clients before meeting with us express that they felt overwhelmed and scattered, not knowing what to do. We want to relieve this stress by giving you information, and taking action – you will know what you need to do and what we will do, and we will educate you about the process involved. We also encourage you to contact us with questions so that you don’t worry or feel in the dark. It’s our goal that this guidance will provide some small measure of comfort during a difficult time.

We find that sometimes an uncontested matter has the potential to become contested based on the various circumstances or personalities involved. Our fact gathering analyzes potential conflicts and we handle these circumstances with an eye toward minimizing conflict by strategically navigating potential areas of conflict.

Chris Aria, Associate Attorney

An associate attorney at Patricia Scott Law, Chris Aria is an Alameda native and takes pride in serving his hometown community. Chris focuses on estate planning, trust administration, trust litigation, conservatorships, probate, and business law. He is a member of the California Bar.

Chris joined the firm in early 2022. Prior to joining Patricia Scott Law, Chris worked as an associate attorney at J Merchant Law in San Leandro, California where he built an estate planning practice from the ground up. During law school, he clerked for the Honorable Judge Stuart Hing of Alameda County Superior Court, working on both civil and criminal trials.

Chris received his J.D. from Santa Clara University School of Law. Prior to that, he graduated from UC Davis, where he played four years of NCAA Division 1 collegiate tennis on an athletic scholarship. In 2020, he was inducted into the Hall of Fame of his high school alma mater, Saint Joseph Notre Dame, as the most decorated tennis player in the history of the school. He remains a competitive tennis player, having been ranked as high as #1 in Northern California in both men's open singles and team doubles.

In his spare time, he enjoys exercising at Alameda’s Harbor Bay Club, running along the island’s shoreline trails, and spending time at home with his loving family.

Chris looks forward to being of service to clients by helping them meet their estate planning goals and achieve peace of mind.