Expertise.com Best Probate Attorneys in Santa Rosa 2021   View My Profile on Avvo @font-face{font-family:'Circular-Bold';src:url("https://assets.avvo.com/avvo-ui/0.20.5/fonts/avvo_ui/circular/circular_bold.woff") format("woff")}.avvo-badge .st0{fill:#153860 !important}.avvo-badge .st1{fill:#010101 !important}.avvo-badge .st2{fill:#15467A !important}.avvo-badge .st3{fill:#FFFFFF !important}.avvo-badge .st4{fill:none !important}.avvo-badge .st5{fill:#F89838 !important}.avvo-badge .st6{fill:#ED514C !important}.avvo-badge .st7{font-family:'Circular-Bold', Avenir Next, Avenir, Century Gothic, sans-serif !important;font-weight:bold !important}.avvo-badge .st8{font-size:20px !important}.avvo-badge .st9{letter-spacing:-1px !important}.avvo-badge .st10{font-family:'Circular-Bold', Avenir Next, Avenir, Century Gothic, sans-serif !important;font-size:14px}.avvo-badge .st11{font-size:65px !important}.avvo-badge .st12{text-anchor:middle !important}.avvo-badge .st13{fill:#969696 !important}.avvo-badge .st14{display:none !important}8.3Eric Scott Gullotta@font-face{font-family:'Circular-Bold';src:url("https://assets.avvo.com/avvo-ui/0.20.5/fonts/avvo_ui/circular/circular_bold.woff") format("woff")}.avvo-badge .st0{fill:#153860 !important}.avvo-badge .st1{fill:#010101 !important}.avvo-badge .st2{fill:#15467A !important}.avvo-badge .st3{fill:#FFFFFF !important}.avvo-badge .st4{fill:none !important}.avvo-badge .st5{fill:#F89838 !important}.avvo-badge .st6{fill:#ED514C !important}.avvo-badge .st7{font-family:'Circular-Bold', Avenir Next, Avenir, Century Gothic, sans-serif !important;font-weight:bold !important}.avvo-badge .st8{font-size:20px !important}.avvo-badge .st9{letter-spacing:-1px !important}.avvo-badge .st10{font-family:'Circular-Bold', Avenir Next, Avenir, Century Gothic, sans-serif !important;font-size:14px}.avvo-badge .st11{font-size:65px !important}.avvo-badge .st12{text-anchor:middle !important}.avvo-badge .st13{fill:#969696 !important}.avvo-badge .st14{display:none !important}Eric Scott GullottaReviewsout of 10 reviews

How We Can Help Our Clients

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Estate Planning

At the Gullotta Law Group, we believe your estate plan should be uniquely tailored to your life, your needs and your goals. We want you to be involved, therefore Attorney Gullotta will talk to you at length to determine those needs and goals, they will translate your wishes into legally binding estate planning documents. You will work with Attorney Gullotta throughout the process, receiving assistance from our always-helpful support staff along the way.

Doctor and patient discussing plans

Advanced Health Care Directives

Having an advanced health care directive can be an extremely important step to take in your life and an important part of your estate plan. End-of-life care is a very personal matter—in your advanced health care directive you will lay out your end-of-life care in the event of a serious illness which leaves you unable to make your own health care decisions. When you create an advanced health care directive, you choose a person you would trust to make decisions on your behalf. This removes any potential burden on your family members should you have an emergency or a debilitating illness. Remember, the legal preferences laid out in your advanced health care directive only go into effect should you become incapacitated and unable to speak for yourself. As your circumstances in life change, you can make changes to your advanced health care directive, and while you can detail many end-of-life decisions. Having a comprehensively advanced health care directive can give you peace of mind in the event of an unexpected accident or illness.

Distribution of Assets

Once you have determined what your “estate” consists of, you will then decide who you would like to have your assets, and the best way to accomplish those goals. There are essentially three methods of asset distribution. You can gift your assets to loved ones prior to your death, You can establish trusts during your lifetime which will distribute your assets while you are still alive, Your assets can be distributed outside your will when you die. Each of these methods has pros and cons, therefore your specific financial situation, your tax rate and your probate plan will determine the best way for you to distribute your assets. In some cases, your Sonoma estate planning attorney can help you combine two or more of these methods to help you accomplish your objectives. If you have children from a prior marriage you could potentially specify what gifts or assets you want them to have in your will, however, if those gifts bypass your spouse, a family conflict could ensue. A trust might be the best legal instrument for leaving assets to your children from a prior marriage, while still ensuring your current spouse is taken care of. There are many aspects to asset distribution, therefore it can be extremely beneficial to speak to an attorney at the Gullotta Law Group.

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Estate Administration

If you have only a living trust, you will have a named successor trustee who will be responsible for carrying out your wishes after your death or in the event of your incapacitation. If you have a will, you will name an executor—a person you trust to adhere to the terms of your will and carry out your wishes. If you die without a will (intestate), the court will appoint an executor following a hearing. No one can be forced to be an executor, therefore, it is important that you have an honest conversation with your proposed executor to determine whether he or she is willing to serve in this capacity. Executors have a fiduciary duty to ensure the beneficiaries of the will are protected. Should that fiduciary duty be breached, personal liability can be imposed on the executor. Once appointed, the executor will “run” the estate in the same way a business is run; that is, the executor will ensure all debts are paid, taxes are properly taken care of, assets are cared for and the remaining assets are distributed to the named beneficiaries.

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Probate

If you leave a will, your named executor will administer your estate. This includes collecting assets, paying debts and taxes, filing a final tax return, taking an inventory of assets, and distributing remaining assets to heirs. If you do not leave a will, an executor will be appointed, and that person will do the same things a named executor would do. If you leave a trust, your successor trustee will be responsible for implementing the terms of the trust and filing a Notice of Trust with the beneficiaries. In the state of California, estates worth more than $166,250 must go through formal administration.

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Trusts

It is very important that you have a knowledgeable estate planning attorney from the Gullotta Law Group to set up your trust. Far too often, a trust is not set up correctly, or assets were not properly moved into the trust (known as “funding the trust”). It is essential that all possible outcomes be considered so the people who are important to you are provided for after your death. A California trust allows you to have the benefits of a will while saving your beneficiaries from the often-complex California probate process.

Attorney and individual working on documents

Powers of Attorney

A power of attorney is a legal document that allows you to appoint a person to handle your financial or healthcare affairs in the event you become incapacitated. A limited power of attorney can also be used when you plan on being out of the state or country for a length of time and you need someone to take care of specific financial issues while you are away. A general power of attorney gives much broader powers to a person or organization to act on your behalf—the person chosen is also known as an agent or attorney-in-fact. A general power of attorney—or any type of power of attorney ends upon your death. A health care power of attorney allows your chosen agent the authority to make medical decisions on your behalf in the event you become incapacitated. You might also choose a durable power of attorney which keeps the power of attorney in effect until your death unless rescinded during a period of time you are not incapacitated.

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Wills

Having an estate plan containing either a will, a trust, or both is the responsible thing to do for those you will leave behind. There are many extremely good reasons to have a will or trust, however, the bottom line is to ensure your assets go to those you would choose to have them. When you die without an estate plan, you leave unnecessary chaos behind for your loved ones. If you have minor children, you will need a will to name a guardian for them, and you might also benefit from a trust. Speak to a knowledgeable attorney from the Gullotta Law Group today to determine whether you could benefit from a will, a trust or both, and give yourself peace of mind.

Tailored Estate Planning

We offer fixed fees for the creation of estate planning documents to encourage you to ask questions and take an active role without worrying about hourly fees. We want you to be involved. This is your plan tailored to your needs and wants. Attorney Gullotta won’t tell you what kind of estate plan you need; but rather will ask you your wishes for when you pass away and then will translate those wishes into legally binding documents so they are fully carried out after you’re gone. You will work directly with Attorney Gullotta throughout the process.

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J.P.

...I simply wouldn't consider anyone else. He is exceptional...

An attorney is someone you seldom are excited about engaging. However, life presents situations that you simply cannot navigate alone. I was wrangling with the myriad of emotions and loose ends and preparations as my mothers health deteriorated. Eric Gullotta stepped in with a complete understanding of my situation, a charming yet stoic bedside manner, an effective and efficient goals-oriented approach, and delivered everything as promised. Easily the most helpful person I worked with during a difficult, helpless time. lts not that I would just consider Eric to assist me in the future, I simply wouldn't consider anyone else. He is exceptional.

How We Help

At the Gullotta Law Group, we focus on the following estate planning areas:

Advance Health Care Directives—End-of-life care is a uniquely personal issue, and an advanced health care directive lays out your wishes in the event you become incapacitated. Because life is so uncertain, all adults—no matter your age—should consider having an advanced health care directive. Having a comprehensive advanced health care directive in place will allow you to choose a person you trust to make decisions on your behalf should you become incapacitated. When you decide to have a California advanced health care directive prepared by your estate planning attorney, you will have many decisions to consider. Would you want CPR to save your life? Artificial nutrition and hydration or the use of a ventilator? How about basic comfort care? These are all important decisions you will consider when having your advanced health care directive prepared by your estate planning attorney.

Distribution of Assets—Should you die without a will or trust in the state of California (known as dying intestate), state statutes will dictate how your assets will be distributed. If you have a will in place, then your will must be probated, but once probate is complete, the remainder of your assets will be distributed as you have directed in your will. Having a living trust, will also ensure instructions are left regarding how you would like to have your assets distributed – But with a living trust you avoid the VERY high costs of probate.. There are also other steps you can take to ensure your assets go to those you choose rather than who the state of California might choose. Contacting an experienced Sonoma estate planning attorney is a smart first step regarding distribution of your assets.

Estate Administration—The question of who will administer your estate following your death or incapacitation is dependent on what type of estate plan you have in place at the time of your death or incapacitation. If you have only a will, you will have named an executor in the will—a person you trust to administer your will as per your instructions. An advanced health care directive will allow a person you trust to make healthcare decisions for you in the event of your incapacitation, and a power of attorney allows another person to make financial decisions for you in the event of an incapacitation. Finally, a living trust will name a successor trustee who will be responsible for carrying out your wishes after your death or in the event of incapacitation. If you die without a will, an executor will be appointed by a California court. Executors have a fiduciary duty to ensure your beneficiaries are protected; executors, personal representatives and successor trustees will all “run” your estate in the same way a business would be run by paying outstanding taxes, paying all debts, and distributing the remaining assets to named beneficiaries.

Estate Taxes—Those in the state of California are particularly fortunate in that the state does not collect an estate tax nor a state inheritance tax—that is, neither the estate of the deceased is taxed, nor are the beneficiaries of the estate taxed. There are, however, federal estate taxes in place, but theses taxes are typically applicable only for those whose estate is above $11,400,000 dollars (as of 2019). In any case, your estate planning attorney can discuss the issue of taxes with you, taking steps to ensure your estate will pay the fewest amount of taxes possible.

Powers of Attorney—Powers of attorney documents allow you to appoint a trusted person to handle your financial or healthcare affairs on your behalf. While a general power of attorney grants broad powers to a person or organization, a special or limited power of attorney is usually for a specific situation—such as your being away for a length of time. A health care power of attorney allows your chosen agent to make decisions for you in the event of your incapacitation, and a durable power of attorney ensures the power of attorney stays in effect until your death.

Wills & Trusts—Wills and trusts are the “backbone” of any good estate plan. Depending on your individual circumstances, you might benefit from one or the other—or both. As an example, even if you and your estate planning attorney determine that a living trust will suit your needs, if you have minor children you will also need a will to name a guardian for the children. More than half of all adults in the United States do not have so much as a simple will, let alone a comprehensive estate plan. This means that in the event of an unexpected death, the state will administer the estate—including appointing an executor and appointing a guardian for your minor children. A living trust offers a number of benefits, including privacy (wills are public), no probate process, and the ability to not only protect your assets during your life, but following your death as well.

Probate Administration—When a person passes away, the probate administration allows the person’s assets to be effectively managed and distributed. During the probate process, the will (if one exists) will be filed with the court, and the estate administered. If there is no will, the court will name an executor, heirs will be located, and the estate will be administered in much the same manner as if there were a will—although the person’s assets are unlikely to go to those they might have chosen. If there are no objections once the will is filed, heirs will be identified and notifications will go to creditors and to the public. The property will be inventoried and appraised; if there are insufficient assets in the estate to pay off creditors, the beneficiaries may not receive some or all of their inheritance. Taxes and creditors will be paid, and the remainder of the estate will be distributed to beneficiaries. When you are putting together an estate plan, your attorney will go over the probate process with you, helping you streamline the process to the extent possible through your estate plan documents.
If you want to put an estate plan in motion, you need experience, knowledge, and an estate planning attorney who can answer your questions. The Gullotta Law Group offers stellar estate planning services to those in the Sonoma area. Contact the Gullotta Law Group today.

Frequently Asked Questions

What happens when a person dies without a will?

When someone dies without a will in California, their estate goes through...

When someone dies without a will in California, their estate goes through the probate process. Probate court is responsible for appointing a trusted individual to manage the affairs of the deceased and make sure that the estate gets properly distributed. The appointed individual follows the state intestacy laws that serve as a guideline when going through the distribution process.

Read more about what happens when a person dies without a will

How can probate be avoided in California?

In order to save your loved ones the hassle of going through...

In order to save your loved ones the hassle of going through the probate process, you can create a living trust with an estate planning attorney. Once you create this trust document, you may elect a trustee to distribute the assets held within the trust once you pass away without having to go through probate. It is important to understand that you must individually transfer your valuable assets into the trust for them to be included. The property that is not transferred into this document is then distributed and handled through the probate process.

Read more about avoiding probate in California

Can a power of attorney include multiple agents?

Yes, you may elect more than one agent within your power of...

Yes, you may elect more than one agent within your power of attorney. If you decide to appoint more than one agent, you must then figure out whether you want them acting alone or together. Having them act together may be helpful in which they can make sure that neither one is taking advantage of their power; however, it can be difficult when they do not agree with one another. It may also be beneficial to elect more than one agent in which one can serve as a backup if the other cannot fulfill their duties.

Read more about power of attorney

Contact Gullotta Law Group

Many people believe estate planning is only for the super-rich. In fact, estate planning can benefit nearly all people, from all walks of life. Estate planning can, however, seem overwhelming. At the Gullotta Law Group we believe estate planning should not be a task you dread, rather should be easy and comfortable for you. Contact the Gullotta Law Group today for comprehensive assistance with your California estate plan. We believe we can help you create the right estate plan for your circumstances and your loved ones.

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