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We are a small firm with decades of experience offering  concierge estate and trust planning and administration . We specialize in complex estate and trust planning, and take pride in handling estate (probate) and trust administrations of all shapes and sizes. Our hands-on approach allows us to provide honed attention to detail and compassionate support during difficult times. We offer competitive rates, deliver seamless work and emphasize careful coordination to ensure all parts of the process work together smoothly. “Coordination of care” is typically associated with healthcare, but it also applies to estate and trust planning, and the subsequent administration.  We aim to ensure that the elements of your estate plan are aligned with your tax and financial professionals  — not only during its creation but also throughout probate or trust administration after a loved one passes. Is your current estate planning maximized for tax benefits ?  We’re happy to review the specifics. This includes a thorough analysis of your existing estate plan and a conversation about how to improve communication and collaboration with your accountant and financial advisor. Please contact us to schedule an appointment. We look forward to working with you.

We met a prospective client last month “shopping around” for an attorney. His father died without a will, and an estate had to be opened to deal with a home his father owned. At the outset it was clear he met another law firm prior to calling us. When pressed, he admitted the other attorney had opened his father’s estate. When asked why he wanted to meet us, he stated: “When I received the fee agreement from the other firm AFTER the estate was opened, I was shocked, and did not sign it. The fee seemed excessive, especially since my father’s only assets are a home, a joint bank account, a life insurance policy, and retirement assets with beneficiary designations.” It was clear he did not enter a written legal fee agreement prior to the other attorney performing work. Instead, the attorney produced a fee agreement for his review after the initial work to open the estate was done. Through our discussion and a subsequent meeting about the scope of work to be performed, we were retained. We thoroughly discussed and entered a written flat rate legal fee agreement based upon our experience performing similar work, the relative simplicity of the issues and circumstances, and the time that we anticipate it will take to complete the estate administration. A few things deserve note: 1. All clients must know and agree upon the legal fees and other costs and expenses to be incurred BEFORE an attorney can perform work on their behalf. A written fee agreement is required. 2. When seeking representation to probate a will and handle the final affairs of a deceased relative or friend, take time to meet attorneys who offer a free initial consultation as this is the best way to determine whether to hire them. 3. Trust your instincts and rely upon the recommendations of others when hiring an attorney. 4. Hire attorneys whose legal fees are fair and reasonable based upon the work to be performed. In doing so, avoid percentage and formula based legal fee calculations as they tend to be excessive in this area of the law.

Wisely Choosing a Law Firm to Handle Probate, Estate, or Trust Administration It is important to review current estate planning documents, including Wills and Trusts with legal counsel. Especially when life circumstances resulting from aging or family issues change. It is also wise to preemptively choose a law firm to handle estate or trust administration so that when the time comes, a relationship with trusted legal counsel of your choice exists. And it is not necessary to use the firm that drafted the existing estate plan. If you are the designated Trustee of a Trust, or Executor/Executrix of a Will, we offer an unparalleled approach to handling estate and trust administrations, from the simplest to the most complex. We are proud of our breadth of knowledge, efficiency, and attention to detail; equally, we honor our compassionate, hands-on approach and accessibility during an estate or trust administration.  Furthermore, in comparison to the fee structures of other firms in our region, our fees are both fair and reasonable. Please contact us if you would like our firm to review your established estate or trust planning documents, including wills, trusts, medical and financial powers of attorney, and living wills. A thorough review will offer you a peace of mind knowing that your goals and intentions are mirrored properly in your plan and are optimally tax advantaged. Good news, our initial consultations are free of charge. Please call today to make an appointment. Ann Zuberbuhler West, Esquire

The Important Relationship Between Attorney, CPA, Income Tax, and Financial Advisors Estate Planning is best done when attorneys coordinate legal work with their client’s accounting, income tax, and financial advisors. Too often, we meet new clients whose previous estate plans were created and implemented without collaboration between their legal and financial advisors, and consideration of: ASSETS:  the nature of the assets owned, such as non-retirement and retirement assets, real estate, life insurance, and annuities, and the relevance of each asset when deciding on an estate plan. INCOME TAX CONSEQUENCES:  the capital gains and income tax implications resulting from gifting and the purchase of certain estate planning assets. PITFALLS OF IRREVOCABLE TRUSTS:  certain negative consequences of irrevocable trusts, especially “Medicaid Asset Protection Trusts.” YOUR GOALS vs. THE ATTORNEY’S:  whether there are alternatives to the estate plan recommended by the previous attorney who may have been interested in “selling” the most expensive plan. NET WORTH:  special considerations due to the relative wealth and net worth of the client. For example, we often meet individuals and families who: ACTED ON FEAR AND ANXIETY:  were persuaded at a dinner or seminar to create an irrevocable Medicaid Asset Protection Trust plan when their age, health, and net worth are such that the need for the plan is questionable, and there was a lack of discussion between attorney and financial advisor before spending considerable funds in legal fees to create it. GIFTED ASSETS WITH INCREASED VALUES : did not understand that gifting of real estate or other assets that gained substantial value since purchase will result in a capital gains tax liability when sold by the recipient of the gift; a tax avoided if the asset is transferred at death. FAILED TO RETITLE ASSETS:  created a plan involving a Revocable Trust and did not coordinate titling their real estate and other assets into the name of the Trust. PURCHASED LIFE INSURANCE OR ANNUITIES:  were not advised about income tax and death tax issues involving the ownership of certain annuities and life insurance when considering estate planning options. FAILURE TO SHARE INFORMATION AMONG PROFESSIONALS:  had a previous attorney who did not communicate and share information or knowledge with the client’s income tax, accounting, and financial advisors. FAILURE OF TITLE AND TAX IDENTITY OF ACCOUNTS:  had a previous attorney who did not work with the client and their financial advisor and accountant to properly title and tax identify investment and other accounts to realize and maximize the benefits of the estate plan. THE BENEFITS OF LEGAL AND FINANCIAL TEAM COLABORATION:  The sharing of information and discussions between clients’ attorneys, financial advisors, accountants, and income tax advisors is at the core of a thorough estate planning process. Done with the knowledge and consent of clients, the resulting estate plan is the culmination of a team approach. A team approach that draws upon knowledge from decades of experience and the expertise of professional advisors trained in accounting and financial matters pertinent to all estate planning. Through the sharing of information by legal and financial professionals, clients can make informed legal decisions, and attorneys can draft plans knowing their clients are fully informed of ALL the consequences of the planning options they choose.

In most instances, when a person creates a will or a trust, a close family member has been asked to serve as Executor, Executrix or Trustee to oversee the process of either an Estate or Trust Administration.   Regardless of the circumstances surrounding the death of a family member, the emotional blur caused by the loss can be overwhelming. Questions immediately surface as to how to proceed logistically and with clarity when a person has passed away. The approach at West & Zuberbuhler, PC, provides a comprehensive estate or trust administration that focuses on a caring, steady, informed, easy-access process. Regardless of the size or complexity of the estate or trust administration, our intentions and approach are the same. We want our clients to feel informed, comfortable, cared for and assured that the administration will be handled efficiently and adeptly, with the greatest attention to detail.

Ten reasons to hire the law firm of West & Zuberbuhler, P.C. to handle your loved one’s end of life legal matters, including all-inclusive Probate services for Estate Administrations with a Will, Trust Administrations when a Trust exists, and cases without a Will: 1. Attorneys with decades of experience focused on Estate and Trust Administrations; 2. Fair and reasonable flat rate legal fees, generally far less than many firms that use hourly rates, percentages or formulas to determine legal fees; 3. Represent clients with the most common of estate and trust administrations, while also representing high-net-worth clients with complicated estate plans and trusts; 4. Engaged and highly responsive to client’s questions and concerns; 5. Compassionate and attentive to the sensitive issues that emerge when a loved one passes away; 6. Thorough analysis of all important facts and circumstances and effective communication with clients in clear and understandable language; 7. A unique team-approach that allows clients to feel valued through kindness and dignity, yet also assured that the estate or trust administration will be handled from beginning to end with efficiency and detail; 8. Flexible in scheduling meetings at the convenience of our clients; 9. Advanced technology and convenient, comfortable office space that enables us to meet and work with our clients in-person, remotely by telephone, text or e-mail, or by face-to-face remote meetings; 10. We genuinely care about our clients and it shows in the quality of our work and the relationships we develop. probate estate attorneys WEST & ZUBERBUHLER P. C. Estate and Trust Adiministration Trust Administration

In addition to a Will, a comprehensive Estate Plan should include three (3) other, very important documents: 1. A Financial Power of Attorney  that grants broad powers to a designated “Agent” to handle financial and other matters pertaining to real estate, investments, retirement assets, and other personal property; 2. A Medical Power of Attorney  granting authority to your Agent to make medical and other healthcare decisions that are not end of life medical decisions, and to have access to medical and healthcare records and information when needed; and, 3. A Living Will  appointing an Agent to oversee advance directives pertaining to healthcare at the end of life. Most clients appoint a spouse or trusted friends to serve as their Power of Attorney Agents. It is the choice of Alternate Agents that is often more difficult. As a result, when consulting estate planning clients about Financial and Medical Powers of Attorney, we are often asked: “Who should I choose as my Agent and Alternate Agent to handle my financial and medical issues when I can’t handle them myself?” Some Important Considerations . In addressing this question, we emphasize that the choice of family members or other individuals as Agents to make financial or medical decisions should be made after careful consideration of a number of factors. These factors include: The Trustworthiness  of the individuals to be appointed; The need for familiarity with ordinary financial matters and the ability to work with financial and investment advisors, banks, and other financial institutions; The ability to understand the advice of doctors and other medical professionals; The importance in choosing individuals who will treat you and others with respect and dignity when serving as financial or medical Agent; Avoiding appointment of self-serving individuals inclined to take control of matters without consideration of your expectations, best interests, and needs; and, The importance of continuing involvement and interaction with the individual on whose behalf the Agent is overseeing financial and medical matters, for as long as they are capable of some understanding and input into decisions and transactions. Choosing individuals who will do this is of paramount importance. Factors when Appointing Children . Many clients are concerned that appointment of one of their children as a Power of Attorney Agent or alternate Agent will cause conflict and tensions in their family and among their children. Unfortunately, we have observed this play out in families where resentment and jealousy are part of the family dynamics. When confronted with questions about this issue, we advise clients to discuss with their children the possible appointment of one or more of them as Agent or Alternate Agent. If through those discussions there is acceptance and consensus as to who best should serve in the various roles, then the choices are relatively simple. However, if the discussions result in disagreement and resentment, or a sense of favoritism among the children in those cases we advise our clients to consider appointment of trusted individuals outside of their immediate family, such as a sibling or friend to serve as Agent over medical and financial matters. Trust Your Experience and Instincts When Choosing Agents.  Discussions with clients about the choice and appointment of Power of Attorney Agents are among the more enlightening aspects of our law practice and decades of experience drafting Medical and Financial Power of Attorney documents. Through those discussions and our observations working with appointed Agents handling our clients’ affairs on their behalf, we have observed that the choice of Power of Attorney Agents is best made after consideration of many factors, including those in this Blog. Perhaps most instructive is the observation that our clients’ experiences within their immediate and extended families, among their friends, and with trusted advisors are often the best measures as to who our clients trust to handle their financial and medical matters. In the end, based on those experiences and the dynamics within those relationships, instincts or “gut feelings” about who will work for you, in your best interest, mindful or your expectations, and addressing all of your needs are another significant factor in choosing who will best serve on your behalf in these important roles.