Services
Estate Planning
Is the legal process of preparing for the management and distribution of your assets during life and after death, in accordance with California law. It involves creating a customized set of documents—typically including a revocable living trust, will, durable power of attorney, and advance health care directive—to ensure your wishes are honored, your loved ones are protected, and your estate is handled efficiently.
Effective estate planning helps:
- Avoid probate, a costly and time-consuming court process
- Protect beneficiaries, including minors or individuals with special needs
- Minimize estate taxes and administrative expenses
- Appoint trusted agents to manage your finances and health care if you become incapacitated
- Ensure privacy and control over how your assets are distributed
Whether you’re planning for a growing family, a blended household, or a complex portfolio of assets, estate planning is about more than documents—it’s about securing your legacy and providing peace of mind
probate litigation
California probate litigation refers to legal disputes that arise during the administration of a deceased person’s estate. Unlike routine probate, which involves validating a will and distributing assets, probate litigation involves contested matters—often between heirs, beneficiaries, fiduciaries, or creditors—that require court intervention.
Common probate litigation issues include:
- Will contests, challenging the validity of a will due to undue influence, lack of capacity, or fraud.
- Trust disputes, including breach of fiduciary duty, mismanagement of assets, or ambiguous trust terms.
- Conservatorship challenges, such as objections to appointments or allegations of abuse.
- Creditor claims and asset recovery, especially when debts, gifts, or transfers are disputed.
- Disputes over inheritance rights, omitted heirs, or conflicting beneficiary designations.
Probate litigation is complex, emotionally charged, and often time-sensitive. It demands strategic advocacy, deep knowledge of California probate law, and a clear understanding of family dynamics and fiduciary responsibilities.
Whether you’re contesting a will, defending a trustee, or navigating a high-stakes estate dispute, experienced legal guidance is essential to protect your rights and preserve the integrity of the estate.
Conservatorship
A California conservatorship is a court-authorized arrangement that appoints a responsible adult to manage the personal or financial affairs of another adult who cannot do so due to incapacity, disability, or other limitations.
If you are seeking to become a conservator, the process involves:
- Filing a petition with the probate court detailing the need for conservatorship.
- Providing notice to relatives and interested parties.
- Obtaining medical or psychological evidence of the proposed conservatee’s incapacity.
- Attending a court hearing, where a judge evaluates the petition and any objections.
- Accepting fiduciary responsibilities, including filing inventories, managing assets, and reporting to the court.
There are tow primary types of conservatorships:
- Conservatorship of the Person – for decisions about health care, living arrangements, and personal well-being.
- Conservatorship of the Estate – for managing finances, property, and legal obligations.
Serving as a conservator is a serious legal responsibility. You must act in the best interest of the conservatee, maintain detailed records, and comply with ongoing court oversight. With proper guidance, you can protect your loved one while fulfilling your duties with confidence and care.
Financial Planning
Financial planning is the structured process of evaluating your financial situation and developing a personalized strategy to achieve short- and long-term goals. It integrates income, expenses, assets, liabilities, and risk tolerance to create a roadmap for building, preserving, and transferring wealth.
A comprehensive financial plan typically includes:
- Cash flow and budgeting – managing income and expenses to support lifestyle and savings goals
- Investment strategy and portfolio design – aligning risk and return with your objectives
- Retirement planning – modeling distributions, tax efficiency, and long- term sustainability
- Education savings – funding future tuition through 529 plans, custodial accounts, or trust structures
- Tax planning – minimizing liabilities through strategic timing and asset placement
- Insurance and risk management – protecting against unexpected loss or liability
- Estate and legacy planning – ensuring your wishes are honored and your assets are transferred efficiently.
Financial planning is not one-size-fits-all. It’s a dynamic process that adapts to life changes, market conditions, and evolving priorities—whether you’re building a business, raising a family, or preparing for retirement.
Business Creation
California business creation is the legal process of forming a new business entity under California law. It involves selecting an appropriate structure—such as a sole proprietorship, partnership, limited liability company (LLC), or corporation—and filing the necessary documents with the California Secretary of State.
Key steps typically include:
- Choosing a business name and checking for availability
- Filing formation documents, such as Articles of Organization (LLC) or Articles of Incorporation (corporation)
- Obtaining an Employer Identification Number (EIN) from the IRS
- Registering for state taxes with the California Department of Tax and Fee Administration (CDTFA)
- Complying with local licensing and zoning requirements.
- Drafting internal governance documents, such as operating agreements or corporate bylaws.
Proper business formation provides legal structure, liability protection, and tax clarity. Whether you’re launching a professional practice, family business, or investment entity, starting with a compliant foundation is essential for long-term success.
Contact Us
Have questions or ready to start planning? Contact J. Brett Miller Law today to schedule a consultation and get the trusted legal guidance you deserve.
