WHAT TYPE OF LAW DO YOU PRACTICE?

We can assist you in any of the following areas of law:

  • Estate Planning
  • Probate and Trust Administration
  • Conservatorships
  • Business Formations
  • Business Transactions
  • Tax Planning
  • Real Property Sales
  • Business and Real Property Disputes
  • Trademarks and Servicemarks



I WANT TO SUE SOMEONE, OR SOMEONE IS SUING ME. WILL YOU HANDLE MY LAWSUIT?
We do conflict resolution, but not litigation. That means, we will make every effort to resolve your disputes with neighbors, real estate buyers or sellers, real estate agents, contractors or their customers, business partners, property managers or owners, the county or the city, without filing a lawsuit. We will try to negotiate a settlement that is fair and fast. If we are unable to resolve your dispute to your satisfaction, we may refer you to arbitration or mediation; or if a lawsuit is eminent, we will refer you to a competent litigation attorney who can represent you in a lawsuit.

WHAT IS THE DIFFERENCE BETWEEN A LIVING TRUST AND A WILL?
There are many differences between the two. Some of the major differences are listed here:

Your Will is for you alone and affects only your property or share of property. If you are married, your Living Trust normally is for both you and your spouse, and affects property owned by each of you separately and by both of you together.
The terms of your Will are implemented upon your death by your named Executor, after his or her appointment by the court. Your Living Trust becomes effective when you sign your document, and are implemented by you as Trustee (or whomever else you appoint.) Your living Trust continues after your death until certain conditions are met.
You can amend your Will (a "codicil"), or revoke and replace it any time, but no one can change it or revoke it after your death. Most Living Trusts are designed so that you can amend it, replace it, or revoke it any time ("revocable trust"), unless or until you become mentally unable to do so ("lack of capacity.") Your spouse may or may not be able to amend your Living Trust after your death. Some types of trusts cannot be changed ("irrevocable trust") once they are created.
A Will becomes a public document when it is filed with the court upon your death. During your lifetime, you can keep your Will confidential, but your executor and closest relatives should know where it is located. A Living Trust is a private document that ordinarily never becomes public. The terms and other personal information are known only to you or to certain parties that you authorize on a "need to know" basis. A Certified Abstract of Trust that we create for you will extract pertinent information and protect the privacy of the rest of the personal information in your Living Trust.
The execution (implementing the terms) of your Will is court supervised ("probate".) All actions taken by the Executor of your estate require permission of, or at least notice to, the court and/or all heirs and beneficiaries. The Executor is required to account for all estate transactions to the court. You, as Trustee, will have the same control over your money and property as before the creation of your trust, as long as you use common sense and sound reasoning in what you do ("fiduciary duty.") A Trustee is accountable only to the Trustor (you, as the creator of the Trust) and to the beneficiaries of your estate.
Probate can be expensive! Fees for the executor and the attorney are established by law. Probate can take up to a year (sometimes more) before the distributions are made to the beneficiaries. The administration of a Living Trust is normally significantly less expensive than the probate of a Will, and distributions to beneficiaries usually occurs much sooner.
There are no tax ramifications for you during your lifetime for writing a Will. You can include provisions in your Will to minimize, postpone, or even eliminate estate taxes for your beneficiaries. Income tax on your estate after your death is similar to income tax on the trust estate after your death. The same provisions to minimize, postpone or eliminate estate taxes can be included in your Living Trust. You will continue to file tax returns as before, using your own Social Security Number and reporting all income and deductions on your individual tax return. No additional income tax is assessed because of your Living Trust.

ARE WILLS AND TRUSTS MUTUALLY EXCLUSIVE?
No! If you have a Living Trust, you should also have a "Pour-over Will" that "pours over" all of your estate into your Living Trust, and complies with and reinforces the terms of your Living Trust.
If you have only a Will, you can set up a "Testamentary Trust" (which comes into existence upon your death) for management of your beneficiaries' inheritance.

I ONLY HAVE A SMALL HOUSE, A CAR, AND A SMALL SAVINGS. DO I STILL NEED ESTATE PLANNING?
Yes! If you die without a will ("intestate"), the laws of State of California decide who inherits your estate. No matter how small your estate, you still want to decide how your estate will be handled, right? You may have certain items or cash gifts that you want certain people or charities to have. Or you may want to set up a trust so that your beneficiaries don't receive a lump sum inheritance that is "here today and gone tomorrow." And if you have no living relatives, you will want to prevent your estate from going to the State of California.
Besides determining the distribution of your estate, the estate plan we create for you will also provide you with an opportunity to name guardians for your minor or disabled children, to prevent certain individuals from inheriting anything from you ("disinheritance"), and to appoint a conservator and agents for health care and for property management to take care of you and your affairs in the event you are unable to do so yourself. We will memorialize your wishes ("advanced directives") for medical and nursing care, life support, organ donations, funeral and burial arrangements - even the future care of your pets.

WILL I LOSE CONTROL OF MY ASSETS IF I SET UP A TRUST?
No! You, as trustee of the trust, maintain full control and benefit of all your assets, including the right to buy and sell your property, the right to mortgage, borrow and lend, the right to invest, roll-over and liquidate, and the right to use and enjoy your property. Only if you appoint someone else as trustee or co-trustee do you lose or dilute your control of your assets. And as long as you are alive and competent, you always have the right to amend the terms of your revocable trust or revoke it altogether!

HOW MUCH WILL ESTATE PLANNING COST ME?
Estate planning is a great value. Your estate plan is an investment in your future and the future of your loved ones. Any expense for establishing your estate plan now is more than offset by the financial benefits and peace of mind you will attain now and in the future. A Living Trust can be a better investment than a Will under most circumstances.
It's impossible to quote a price for you without doing some investigation. Various factors will be considered when establishing the price for your estate plan, such as the size and complexity of your estate, and the complexity of what you wish to accomplish. Your project will be billed as a Base Flat Fee. All routine services will be provided for this Base Flat Fee. The only variable costs that may be charged in addition to your flat fee would be such extras as home or hospital visits; extra copies of drafts or final documents; and/or expedited services necessitated by death-bed planning. The variable expense is usually nominal and is more fully disclosed in your retainer agreement so there will be no surprises to you.
We can give you an estimate of the cost of your estate plan if you complete our questionnaire located on this website and send it to our office. We will contact you with an estimate of what your estate plan would cost you. Or, call us for an appointment for an initial consultation.

DO I REALLY NEED AN ATTORNEY TO DO MY ESTATE PLANNING?
Yes. "Fill-in-the-blanks" Wills are legal in California, but they are suitable only for those individuals with little or no property. They allow little or no flexibility in your estate planning, and they do not explain the concepts or consequences of the provisions. Nor do they provide suggestions as to better ways to distribute your property to capitalize on current tax law. And, they do not provide for your care in the event of your disability or mental incapacity.
Beware of "trust mills." These organizations, sometimes law firms, will charge you a few hundred dollars and create a document that is worth no more than that. The trusts they create are "one size fits all", and as a result you can miss out on some substantial tax savings. You loose your flexibility in planning and can end up with an estate plan that really doesn't accomplish your goals at all. And, again, there is no provision for your care in the event of your disability or mental incapacity.
Trust Mills are often staffed by non-attorney personnel. Paralegals and other "estate planning professionals" are prohibited by law from advising you on any legal matter and from providing you with a legal document which requires legal decision-making. Only an attorney with experience in estate planning can do that. Our paralegals work only at the direction of and under the strict supervision of Beverly Hoey, as required by the California Business and Professions Code. She will work directly with you, and you will not be passed off to an associate attorney or paralegal after your first meeting with her, as is commonly the practice.
Financial planners and insurance agents are there to plan your investments and provide for your insurance needs. While we often work alongside the financial advisors and insurance agents of our clients towards common goals, they are not qualified to advise you on legal matters nor to draft a Will or Living Trust for you, any more than we are qualified to advise you concerning your investments and insurance. You should also be aware that occasionally the advice from a financial planner or insurance agent may be colored by monetary incentives they would receive from setting you up with a particular policy, annuity or investment.

WHAT DO I GET FOR MY MONEY IF BEVERLY HOEY DOES MY ESTATE PLAN?
You will meet with Beverly Hoey three times:

  • An Initial Consultation to discuss concepts, your needs and wants, and cost of doing your estate plan (1 hour)
  • A Review Appointment to review your drafts, ask questions, make corrections and changes (1-2 hours)
  • An Appointment to Execute your final documents (1 hour)

  • We will also be available to you by telephone during regular office hours, from initial contact to final funding of your trust.
  • You will get a complete estate planning package! In addition to your living trust, you will also get:

  • Certified Abstract of Trust (for use by banks and other institutions)
  • Pour-over Will (which "pours over" your estate into your living trust)
  • Durable Power of Attorney for Management of Property and Personal Affairs (to manage your affairs in case of your disability, and to appoint a guardian for your minor or disabled children if you become unable to do so yourself)
  • Advance Health Care Directive (to establish personal and medical decisions if you become unable to make such decisions yourself)
  • Schedule A - (List of all assets you own to be placed into the trust)
  • Assignment of Personal Effects (a back-up, catch-all document for funding your trust)
  • Spousal Property Agreement (if you are married)

To fund your trust, we will prepare for you:

  • Assignments of interest in businesses, promissory notes, mortgages, etc.
  • Funding Letters to banks, brokerage houses, investments advisors, etc.
  • Grant Deeds to your real property (which we will record for you)
  • Transfer Forms for treasury bills and savings bonds
  • DMV Transfer Forms for your vehicles
  • Any Other Transfers Required to properly fund your trust

You will receive your documents indexed and bound in an attractive binder, with your name stamped in gold lettering on the spine.
But most of all, you will be getting peace of mind, now and in the future, that you and your loved ones will be cared for according to your wishes in the event of your disability and/or death.

DO I HAVE TO PAY IN ADVANCE FOR ESTATE PLANNING?
Unlike other law firms that may require full payment in advance (a "retainer"), you will be called on to pay only one-half of the base flat fee up front, which will be placed in a trust account until your drafts are completed. The balance will be due and payable upon completion of your estate plan. Payment plans can be customized to suit your individual situation.

HOW LONG WILL MY ESTATE PLAN TAKE TO COMPLETE?
It can depend on you! The minimum time required to complete your estate plan is four to six weeks. It may take longer, depending on your response time in researching needed information, reviewing documents, and making appointments. If deathbed planning is required, or other unavoidable extenuating circumstances exist, we can usually expedite the process to suit your needs for an extra fee.

CAN I INITIATE ESTATE PLANNING FOR MY PARENTS?
Yes, but with many caveats. All attorneys in the State of California must conform to a strict policy of confidentiality, and avoid any conflict of interest. Your parents will be our clients, and an attorney's loyalty lies exclusively with their clients' best interests. Your parents' affairs cannot be discussed with you or with anyone else. Any possible involvement in transportation, communication, and decision-making will be dictated by the independent desires of your parents, and they will be required to sign a waiver of their rights to confidentiality if they willingly choose to involve you. Your parents' best interests will still be our only goal, and we must be convinced that there is no undue influence by you or any other party over your parents' decisions before we will proceed with the estate planning.

WHAT IF I, MY SPOUSE, OR PARENT IS IN THE HOSPITAL OR IS HOUSEBOUND?
No problem! Beverly Hoey will make local hospital or home visits as required, for an additional fee. If the client is in an extended care facility, the law requires an ombudsman to be involved to assure the client is competent and that the client's rights are protected.

CAN I DO ESTATE PLANNING IF I OR A FAMILY MEMBER IS DISABLED?
All the more reason for estate planning! We can set up a Special Needs Trust for the disabled person to manage their assets and to assure that any distributions do not disqualify the disabled person from receiving public benefits.

HOW DO I GET STARTED WITH MY ESTATE PLAN?
 You can either call our office at (925) 847-0880 to set an initial consultation, or you can complete the questionnaire on this website, submit it to us, and we will contact you with a quote based on the information you have provided us.

CAN YOU HELP ME SELL OR PURCHASE A HOME WITHOUT USING A REAL ESTATE AGENT?
Yes! Besides being a real estate attorney, Beverly Hoey is also a Real Estate Broker licensed with the State of California. She once sold and leased commercial and residential property, and real estate transactions still make up a large portion of our practice.
We can be as active in the transaction as you want. We can do as little as reviewing the contracts drafted by the other party, or we can do as much as conducting the entire transaction from negotiation of purchase price to moving day. Our fees will be based on the degree of our involvement and on how smoothly the transaction proceeds. In every case, we have saved our clients thousands of dollars over what they would have paid to a full-time real estate agent.

WHERE ARE YOU LOCATED?
Our address is 313 Ray Street, Pleasanton, CA 94566
Telephone (925) 846-1321, Facsimile (925) 846-1768
We are located in downtown Pleasanton.

HOW DO I GET TO YOUR OFFICES?
 Directions from 580:
Take Exit Santa Rita Rd
Continue on Santa Rita for about 2 miles
Santa Rita turns into Main Street
Make a left onto Ray Street
Make a left into Fountain Creek Plaza we are in the back offices.

Directions from 680:
Take Bernal exit
Stay on Bernal Ave
Turn Left Main Street
Turn right onto Ray Street
Turn left into The Fountain Creek Plaza
Our office are located in the back.