◈ Homepage — https://www.ambiddlelaw.com/Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-727-6276 Home About Practice Areas FAQs Blog Contact Estate Planning Learn More Estate Litigation Learn More Probate Administration Learn More Estate Tax Planning Learn More Business Succession Learn More Welcome to Biddle Law Estate and Probate Lawyers in San Mateo County My name is Alex Biddle and I am the founder of Biddle Law. Please browse my website to learn more about how your experience with me will be a simple and cost-effective process. I am a thoughtful, hard-working attorney who was initially attracted to estate planning through love of family. My goal is to provide an unsurpassed level of customer satisfaction for all my clients in San Mateo County in order to foster a long-term relationship. The majority of my work is billed on a flat-fee basis—at very competitive rates—so you can proceed with certainty, knowing that you are getting a great deal. Other law firms bill exclusively by the hour, charging you hundreds of dollars simply for asking questions. My price includes as much time as you need to ask me questions so that you understand your estate plan whether you live in San Mateo, Burlingame, Foster City, San Carlos, Redwood City or Belmont. I will also take time with you to fund your trust—i.e., make sure that the trust owns your property. Without proper trust funding, your trust will not do what you intended it to. Many law firms gloss over this point, and when the time comes to funding your trust, you are on your own. Not at Biddle Law. Please contact my office today by phone at (650) 727-6276 or online for a consultation and we can take important steps toward securing the future of you and your family. Estate Planning Services I understand that estate planning presents difficult issues for people to face, but the fact that you are reading this right now tells me you understand the importance of estate planning. Estate planning is a necessary process that will protect the financial security of your family and loved ones by allowing you to decide what will happen with your property and health decisions. Estate Planning While nobody wants to think about death or disability, establishing an estate plan is one of the most important steps you can take to protect yourself and your loved ones. Proper estate planning not only puts you in charge of your finances, it can also spare your loved ones of the expense, delay and frustration associated with managing your affairs when you pass away or become disabled. More About Estate Planning Estate Administration When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If the assets of the deceased were owned through a well drafted and properly funded living trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased’s assets. More About Estate Admin. Estate Litigation A properly drafted will should clearly identify all beneficiaries and leave no ambiguity surrounding the intentions of the Testator. Unfortunately, estate planning documents, whether wills or trusts, do not always clearly reflect the intentions of the testator. Even if the language of the documents is clear, parties may have other reasons to initiate a lawsuit or object to a will. More About Estate Litigation Trust Administration When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If the assets of the deceased were owned through a well drafted and properly funded living trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased’s assets. More About Trust Admin. Estate Tax Planning Without careful planning, much of your life’s legacy could be lost to estate taxes. While a simple will can provide for the transfer your estate to your loved ones, it does not have special provisions for advanced estate tax planning. More About Tax Planning Business Succession Planning People may be familiar with the term probate, but may not be aware of what the process actually involves. In short, probate or estate administration is a court-managed proceeding in which a deceased individual’s assets are managed and distributed. While this seems simple enough, it is essential to have proper legal representation to navigate the process. More About Succession Planning Contact the Firm "*" indicates required fields Name* First Last Phone Number* Email Address* How can we help you?* Send Your Information San Mateo Office 1900 South Norfolk Street, Suite 350 San Mateo, CA 94403 Call our office 650-727-6276 View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window © 2026 Biddle Law | Phone: 650-727-6276 1900 South Norfolk Street, Suite 350, San Mateo, CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-727-6276 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-727-6276 Home About Practice Areas FAQs Blog Contact ◈ Interior Pages — 20 pages crawledContact Our Office - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Contact Our Office Return home Contact Our Office San Mateo Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Phone: Call our office 650-532-3470 Follow the Firm View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Trust Administration Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Trust Administration Return home Practice Areas Trust Administration San Mateo Trust Administration Attorney Because of the costs and delays associated with probate proceedings, many individuals elect to establish living trusts. In addition, a variety of other trusts can achieve a number of objectives such as protecting assets, providing for loved ones with special needs, or planning for long-term care. While a trust is not probated in court like a will, there are legal requirements associated with administering a trust. In addition, those who have been named as trustees have a legal obligation to properly manage the trust assets. From its offices in San Mateo, Biddle Law provides trust administration advice and counsel to trustees and successor trustees to ensure they fulfill their fiduciary duties and other legal obligations. What is trust administration? When an estate plan establishes a trust, a trustee and a successor trustee are named to administer the estate after the death of either one or both grantors. This process can be daunting for many individuals who are named as trustees. They are deemed to be fiduciaries which puts them in position of trust with the beneficiaries.   Some of the duties of trustees include: Notifying interested parties of the grantor’s death so that any contests may be filed Inventorying trust property and transferring property into the trust Obtaining tax ID numbers File estate tax returns Trust accounting Distributing the assets Because trustees are legally liable for mistakes or misdeeds, it is essential for them to be competent and trustworthy. Moreover, the trust administration process can become complicated by conflicts that arise among the beneficiaries. In order to navigate these complexities, it is essential to have the superior legal representation that our firm is uniquely qualified to provide. What is judicial accounting? The responsibility of trustees includes preparing fair and accurate accountings that verify the assets are being handled properly. Generally, all actions that a trustee has taken must be disclosed to the beneficiaries. In particular, trustees must maintain adequate records of beneficiary distributions and ensure that bills are paid, checking accounts are reconciled and tax returns are prepared. While trusts are typically administered by independent proceedings, the courts can require that an accounting receives judicial oversight and approval. A proper judicial accounting will include the following items: A listing of the receipts, disbursements, and distributions from the trust or estate A listing of the trust or estate The services being provided to the beneficiaries The significant actions taken by the fiduciary The compensation requested and the reasonable and necessary expenses incurred An annual inventory of any item of tangible personal property Any other information requested by the court Our attorneys have expertise in the state requirements related to judicial accounting of trusts and estates, and routinely advises trustees in preparing financial inventories and responding to court inquiries. Dedicated Trust Administration Attorney in San Mateo Biddle Law routinely advises trustees, successor trustees, as well as beneficiaries in the trust administration process in California. Our estate planning attorneys work closely with clients through every phase of the process to ensure that trusts are being administered appropriately. We are well versed in assessing the value of trust assets, the related tax issues, and the procedures for notifying beneficiaries and distributing the trust assets. Most importantly, we protect our clients legal interests by helping them avoid conflicts and fulfill their fiduciary obligations. In the event that a dispute arises, we will work diligently to negotiate a resolution or if necessary, litigate the matter in court. If you need assistance with administering a trust or have questions on any trust-related matter, contact our office for a consultation! Contact Our San Mateo County Trust Administration Lawyer Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California. Give us a call to speak with our experienced trust administration attorney. Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Estate Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo County Estate Litigation Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Estate Litigation Return home Practice Areas Estate Litigation San Mateo Estate Litigation Attorney By having a well designed estate plan in place, it is possible to avoid disputes and litigation among surviving loved ones, beneficiaries and fiduciaries. Nonetheless, disagreements may arise within families pitting parents against children, brothers against sisters, or the family against surviving business partners. Biddle Law is dedicated to devising innovative solutions to challenges that arise in connection with the administration of trusts and estates in California. Common San Mateo County Estate Litigation Disputes In the event a dispute arises, the estate might have to be litigated in what is referred to as a will contest. This is a proceeding in the probate court which often involves challenges to the validity of the will, including: Undue influence – the testator changed the will under duress or persuasion by a beneficiary Mental incapacity – the testator was either incapacitated or in an impaired mental state at the time the will was executed Further, a will may be contested if it was not executed according to state law or if it was revoked after it was signed. Moreover, if it can be shown that the testator was deliberately misled by a third party, the will may be considered fraudulent. In addition, will contests often arise when there are questions about the capabilities or trustworthiness of the individual appointed as personal representative. In some cases, a disinherited family member may make a claim to the estate proceeds. Lastly, disputes may arise when portions of the will are confusing, or the structure of a trust is challenged. What Is Estate Litigation? Estate litigation refers to legal disputes that arise during the administration and execution of a deceased person’s will or estate plan. Common estate litigation issues include: Will contests – Challenging the validity of a will, often on grounds of incapacity, undue influence, fraud, or improper execution. Trust disputes – Disputes over the terms, assets, or management of a trust. Asset ownership claims – Disputes over the ownership of assets in the estate. Accounting actions – Seeking an accounting of estate finances and assets. Breach of fiduciary duty – Claims that the executor or trustee breached their fiduciary duties. Life insurance claims – Disputes over beneficiary designations or policy terms. Creditor claims – Claims made against the estate by creditors trying to collect on debts. Estate litigation can be costly and delay the distribution of assets. Hiring probate litigation counsel is advisable to resolve disputes efficiently. Alternatives to Estate Litigation in San Mateo At Biddle Law, we recognize that litigation can be an emotional and financial burden for family members and fiduciaries. For this reason, we often advise clients to pursue mediation to reach a negotiated resolution. This process involves working with a mediator, typically a retired probate judge or experienced probate attorney, who acts as a neutral third party in helping the parties reach a compromise. Ultimately, mediation can minimize the legal expenses for both sides and reduce the tension that is likely to arise if a case is taken to trial. In the event that litigation concerning an estate is unavoidable, however, our attorneys will vigorously protect your interests in probate court. If you are involved in a dispute concerning a trust or estate, Biddle Law will provide you with superior legal representation and help you navigate this difficult process. Contact Our San Mateo County Estate Litigation Lawyer Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California.  Contact our office  today for a consultation with our experienced estate litigation lawyer. Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Real Estate Frequently Asked Questions - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Real Estate FAQs Return home Real Estate FAQs Real Estate Frequently Asked Questions What are the differences between some common forms of real estate property ownership? There are a variety of ways that one can hold title to real estate property: Sole Ownership : owned entirely by one person. Words in the deed such as “Bill, a single man” establish title as sole ownership. Tenants in Common : a form of co-ownership where property is owned by two or more persons at the same time. The proportionate interests and right to possess the property between the tenants in common need not be equal. Upon death, the decedent’s interest passes to his or her heirs named in the will who then become new tenants in common with the other tenants in common. Words in the deed such as “Bill, John and Mary as tenants in common” establish tenancy in common. Joint Tenancy : a form of co-ownership where property is owned by two or more persons at the same time in equal shares. Each joint owner has an undivided right to possess the whole property and a proportionate right of equal ownership interest. When one joint tenant dies, his/her interest automatically passes on to the surviving joint tenant(s). Words in the deed such as “Bill and Mary, as joint tenants with right of survivorship” establish title in joint tenancy.  This form of ownership is not available in all states. Tenancy by the Entirety : a special form of joint tenancy when the joint tenants are husband and wife — with each owning one-half.  Neither spouse can sell the property without the consent of the other. Words in the deed such as “Bill and Mary, husband and wife as tenancy in the entirety” establish title in tenancy by the entireties.  This form of ownership is not available in all states. Community Property : this special form of ownership between spouses is only available in “community property” states. Upon death, the decedent’s interest passes in a manner similar to tenants in common. Words in the deed such as “Bill and Mary, husband and wife as community property” establish community property ownership. Trusts: While not technically a form of ownership, you may own real estate property through your Living Trust. Upon your passing, your interest would pass to successor trustees and/or beneficiaries you have designated in your trust. What is the difference between a cooperative and a condominium? In a “condo” arrangement, you legally own a particular unit in a multiple-unit structure of the building. Under a typical arrangement, you have a share and a right to use common areas such as hallways, elevators, gardens, swimming pools, and a clubhouse within that structure. You pay monthly payments to an “association” for maintenance expenses of the common areas. The association is typically run like a corporation with complaint and appeal processes to protect individual rights of owners and to provide a mechanism for resolving disputes within the community. In a “co-op”, the ownership structure is quite different: you do not own your own specific unit in the building but own stock in the corporation that actually owns the building and all the apartments. You lease your apartment from the corporation according to a formula based on the unit’s size.  As a shareholder, you have a say in electing the Board of Directors who manage the cooperative. What is the purpose of “recording” a deed? When you purchase real estate property, you receive a written document called “the deed” which transfers the ownership of the property from the buyer to you as the purchaser. The deed gives you formal title in exchange usually for a specified amount of money. The transfer of interest in real estate property is not complete until the deed is delivered to you. The deed should be recorded immediately with the county clerk in the county where the property is located. By recording the deed, you give notice to all future potential buyers of that property that you now have an ownership interest in that particular piece of real property. Recording also tracks the chronological chain of ownership from a series of buyers and sellers. Before you purchase real property, a search is conducted at the county clerk’s recording office to confirm that the seller (as well as all previous sellers) has legal title to the property in question. Title insurance typically performs this function to determine whether any defects occurred in prior conveyances and transfers. If so, such defects may then be pointed out and excluded from their coverage. What tax advantage do I get by owning real estate property? Mortgage interest deduction: The major advantage to owning real property comes from the deductibility of the interest of a home mortgage or a home equity loan. In order to qualify for an income tax deduction, the loan must be for your home or a vacation home that is not rented to others.  The deduction must be taken as an itemized deduction in Schedule A of your federal tax return. Property tax deduction: real estate taxes paid to any state or local governments are also deductible on your federal return. Generally, the taxes must be based on the assessed value of the real property and must be charged uniformly against all property under the jurisdiction of the taxing authority. Capital gains exemption: Once you sell your residence, you may exclude up to $250,000 ($500,000 for married couples) from any realized capital gains.  In order to qualify, you must meet certain requirements: among other things, you must have lived in that home for at least two of the five years prior to the sale, and not have excluded gain from the sale of another home two years prior to the sale. What is a quitclaim deed in real estate? A quitclaim deed transfers or “releases” to the person acquiring the property whatever present interest the grantor has in that property. Unlike a grant deed, a quitclaim deed carries with it no express or implied covenants or guarantees. Therefore, if the grantor has no interest in the property, a quitclaim deed conveys nothing. Since my spouse passed away, I want to re-title my house so I own it jointly with my adult children. Is this a good idea? While sharing title to property may avoid probate after your death, naming “joint tenants” may have a number of adverse consequences. In effect, adding a joint tenant to your home deed means that you have now gifted a portion of that property to those named. And when you make gifts in excess of $14,000 in value within a calendar year to someone other than a spouse, the IRS requires you to file a gift tax return, and in some cases pay gift taxes. When gifting an interest in your home to anyone, you also are endangering your own financial security.  If your new co-owners have creditors or are involved in a divorce, your assets will be at risk.  Furthermore, such a transfer may jeopardize certain property tax and other exemptions you enjoy as a senior, veteran, or homesteader. A better idea is to create a Living Trust and name your children as beneficiaries of the Trust after you die. This has the advantage of avoiding probate, yet it gives you total control San Mateo Estate Planning Frequently Asked Questions Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Estate Planning FAQs Return home Estate Planning FAQs Estate Planning Frequently Asked Questions What is estate planning? When someone passes away, his or her property must somehow pass to another person. In the United States, any competent adult has the right to choose the manner in which his or her assets are distributed after his or her passing. This is done through estate planning! (The main exception to this general rule involves what is called a spousal right of election which disallows the complete disinheritance of a spouse in most states.) A proper estate plan also involves strategies to minimize potential estate taxes and settlement costs as well as to coordinate what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event of death or disability. On the personal side, a good estate plan should include directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you know and trust can do that for you. Why is it important to establish an estate plan? Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death or incapacity. This often results in the wrong people getting your assets as well as higher estate taxes. If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom. What does my estate include? Your estate is simply everything that you own, anywhere in the world, including: Your home or any other real estate that you own Your business Your share of any joint accounts The full value of your retirement accounts Any life insurance policies that you own Any property owned by a trust, over which you have a significant control How do I name a guardian for my children? If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them) he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court. What estate planning documents should I have? A comprehensive estate plan should include the following documents, prepared by an attorney based on in-depth counseling which takes into account your particular family and financial situation: A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions in case of death or incapacity. Unlike a will, a trust usually becomes effective immediately after incapacity or death. Your Living Trust is “revocable” which allows you to make changes and even to terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays and publicity associated with probate. If you have a Living Trust-based estate plan, you also need a pour-over will. For those with minor children, the nomination of a guardian must be set forth in a will. The other major function of a pour-over will is that it allows the executor to transfer any assets owned by the decedent into the decedent’s trust so that they are distributed according to its terms. A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court. A Durable Power of Attorney for Property allows you to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining and often costs thousands of dollars. There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a springing or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing a power of attorney assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability. The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent’s decisions as if they were your own. A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity. Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above docum San Mateo Business Succession Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Business Succession Planning Return home Practice Areas Business Succession Planning San Mateo Business Succession Attorney A company cannot survive without an able owner or manager at the helm. In the event of a key person’s sudden death, illness, or retirement, businesses are often left scrambling to find a suitable replacement. By consulting with a qualified attorney, large corporations and small businesses alike can avoid a tumultuous transition by establishing a business succession plan. Business Succession Without a Plan If an owner or shareholder does not have a succession plan in place, his or her stake in the company is either passed on to relatives as part of the estate, absorbed by other shareholders, or a combination of the two. In family-owned businesses, this often leads to disputes between siblings and other relatives. Those more active in the day-to-day operations of the business may feel entitled to larger shares than others who are less involved. In larger corporations, employees and clients may leave the company for fear of instability. Additionally, without prior planning, remaining shareholders may not have sufficient resources needed to purchase the shares of the exiting or deceased shareholder. This can lead to a situation where a spouse or child of a deceased shareholder attains an ownership stake in the company which can result in disputes, stalling progress and possibly leading to a loss of assets. Furthermore, if the exiting shareholder had a management duty, his or her replacement may not be equipped to take over during. With a Plan An attorney with expertise in business and estate planning can help owners and shareholders establish a plan that facilitates a smooth transition. Business success plans are customarily created after employees, coworkers, shareholders and family members have been consulted and goals for the future of the company have been outlined. Succession planning can be tailor-made to fit any business model and should address the following issues: Keep the business or shares within the family so that a spouse, children, or other relatives can retain control of assets. Offer shareholders or vital employees a larger stake in the company. Interested parties named in the plan will be granted the right of first refusal, or the ability to accept or reject the shares of the exiting or deceased owner before they are offered to individuals outside of the company. The price of the shares can be determined by a valuation method agreed upon during succession plan negotiations. For example, a valuation may require that shares be offered at their prevailing market value, or require multiple professional appraisals Address issues related to your estate plan as well as minimize the potential of estate taxes. Preserve “institutional memory” by empowering advisors to aid the transition team and ensure continuity, oversee day-to-day operations, provide provisions for heirs who are not directly involved in the business, and provide education and training to family members and key employees who will take over the company. Establish measures to ensure the business has enough cash flow to pay taxes or buy out a deceased owner’s share of the company. Implement a family employment plan with policies and procedures regarding when and how family members will be hired, who will supervise them, and how compensation will be determined. Other arrangements can be made that would transfer the owner or executive’s interest into trusts to be paid out to family members. Assets may also be divided among employees or in other cases, it may be best to sell the company. With so many factors to consider, it is important that you consult an experienced business planning attorney who can help protect your interests. Contact Our San Mateo County Business Succession Planning Lawyer Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California. Contact our office today for a consultation with our experienced business succession planning lawyer. Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Reviews - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Archives: Reviews Return home Reviews Extremely knowledgeable If you have never been through a trust and will experience, it is an extremely frustrating process. I have been to Iraq a few times (decorated combat disabled/veteran) and a trust and will experience is worse!! Alex is a family oriented man and extremely knowledgeable in his craft. He was able to negotiate a deal for our family that will set us up for years! We had family that we have trusted for decades turn on us. When it comes to money, family will turn on each other which is very sad. We called Alex on a Friday and on Monday he was in a 12-hour probate with us. Yes, 12 HOURS!! Alex is not just any other lawyer. I can whole hearty say, he is now considered a family friend!!! — Patrick M. You guys are the best! Greg is awesome! He is Very efficient and knowledgeable. He is always available to answer calls along with the many questions I need to be answered. I am always thanking him for our therapy sections!! These brothers (Alex and Greg) make an awesome team! Thank you Greg for being on the other side when I am freaking out!! You guys are the best. — Demetra K. Outstanding client services! Outstanding client services! We worked with Alex and Greg to create our first family trust and the experience was excellent! The team is knowledgeable, friendly and easy to work with. I would highly recommend that you work with a local, knowledgeable attorney like Biddle Law over the generic templates so many people try to fill out themselves online. Not only did we get a great product at an excellent price but the customer service is just fantastic. We needed some extra forms for a recent home purchase and help understanding how to open a new account under the trust. Alex and Greg were quick to help and make sure it was done right the first time. Thank you again Alex and Greg, keep up the great work! — Anonymous Can’t thank him enough! If I could give Alex a zillion, a billion, a trillion stars I would. Trusts and will are never easy or pleasant but Alex was so knowledgeable and cool that it made the experience stress free and painless. Before I went to Alex I must have considered and consulted 5 other lawyers who gave me the run around or wouldn’t fight for our trust since it was a revision. Alex took the time and effort to answer my questions and meet with me time and again to get it done perfectly. He can be reached in person or via email and is just 100% legitimate and awesome. I can’t thank him enough for all his help in helping us with the trust and will we had to amend. Muchas gracias!! Merci beaucoup!! I can’t say it in enough languages. Thanks Alex! — Jack R. Quality Service Alex and his staff were great. He is a knowledgeable and no nonsense attorney. Time with him was well spent, and he delivered quality services at a fair price. Thank you! — Becca D. Best Experience Alex got done what we needed him to get done and did so in an expedient and friendly manner. Maybe the best experience I’ve had hiring an attorney. — Alex A. Compassionate & experienced attorney It took me a long time to find Mr. Biddle but I’m happy I didn’t give up in my search to find a knowledgable, professional and personable attorney to help our family out in a difficult time. It was easy to get an appointment when I called, so we spent the next two days gathering and organizing all the information we could before our meeting. He took time to go over the documents, explaining which were important and what wasn’t (It can be difficult in emotional situations to think clearly), and what would be helpful to get for him. He took action quickly and ultimately came to a resolution that was better than we could have hoped for. He’s a compassionate, experienced attorney. He knows the law and really works hard on behalf of his clients. Highly recommend. — Dena M. Knowledgeable, easy going, and incredibly helpful A couple weeks ago, I went to Alex seeking advice about a complex property situation. It involved a family property, and I needed advice about the best way to deal with it. However, because I’d be discussing the issue with my family, I was concerned about making sure that we had some options, so that it wouldn’t lead to a family dispute. After a short meeting, Alex presented me with some great recommendations and multiple routes that we could pursue. It was clear that he’d dealt with similar situations in the past and knew how it could be handled. There were follow-up services he could provide, but wasn’t pushy at all, and said to just let him know if we needed anything when we decided which way to go. Overall, Alex was knowledgeable, easy going, and incredibly helpful. I walked out of that meeting with more information and fewer concerns. Thanks! — Joe M. Thankful My mother recently passed away and Alex Biddle is taking care of the paperwork, transferring property and getting us new tax id numbers for the trusts we caretake. It has been difficult to need to take care of business when one is grieving but Alex and his team have been great in taking care of the details for us. I have had a few instances where I needed a question answered on the phone and he was right there for me. I am thankful. — Ca W. Prior results do not guarantee a similar outcome. Search Search: Search Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate San Mateo Estate Tax Planning Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Estate Tax Planning Return home Practice Areas Estate Tax Planning San Mateo Estate Tax Planning Attorney Without careful planning, much of your life’s legacy could be lost to estate taxes. While a simple will can provide for the transfer your estate to your loved ones, it does not have special provisions for advanced estate tax planning. The Federal Estate Tax: Exemptions & Rate Federal estate tax laws were updated in 2013 as part of the American Taxpayer Relief Act which provides for an exemption of $5.25 million.  This means that each individual can transfer up to $5.25 million in assets free of federal estate taxes.   The federal estate tax exemption, also referred to as applicable exclusion amount is adjusted annually for inflation.   The taxable value of the estate is calculated by adding up all the assets owned by the individual and subtracting from that total any of his or her liabilities.  Additional deductions can be taken for qualified charitable deductions as well as administrative and legal costs involved in settling the deceased’s estate. The tax rate for estates exceeding the exemption amount is 40%.  The rate is applied to the taxable estate value that is in excess of the exemption amount. The Federal Estate Tax: Understanding Portability In addition to the individual exemption, married couples enjoy an unlimited deduction for transfers to one another.  While this is great news for many couples who choose to leave their estate to each other, without proper planning, it can result in a forfeiture of some of the individual estate tax exemptions after the passing of the second spouse.   For example, this can occur when a husband leaves $3 million of his individually-owned assets to his surviving wife who already has $5 million herself, bringing her total net worth to $8M.  The bequest to his wife is not subject to estate taxes because it qualifies for the unlimited marital deduction.  After some time, the wife also passes away, leaving everything to the children.  While her estate can take advantage of her individual exemption of $5.25 million, the rest her estate it could be subject to estate taxes because her husband’s individual exemption was unutilized. To address this issue, the current estate tax law allows for “portability” of individual exemptions between spouses.  Stated another way, estate tax portability enables the surviving spouse to utilize the unused portion of the first-to-die spouse’s estate tax exemption.   Portability is not automatic and in order to take advantage of it, an estate tax return must be filed with the IRS within 9 months of the passing of the first spouse, even if there are no taxes due at the time. An alternative to relying on portability is to utilize a special planning tool referred to as a credit shelter trust (also referred to as a bypass or A-B trust).  If properly established, such trusts work much in the same way as portability, but do not require filing of an estate tax return after the passing of the first spouse.   A number of states impose a separate estate or inheritance taxes.  While the rates are typically much lower than the federal rate of 40%, the exemption amounts are smaller as well. Special Planning for High Net Worth Individuals Individuals and families with significant net worth might still have taxable estates even if they take full advantage of their respective exemptions.  For these individuals, there are a variety of advanced planning techniques that can be crafted to help reduce the estate tax burden, such as strategic gifting plans, life insurance trusts, personal residence trusts and grantor retained annuity trusts.   Same-Sex Couples The Supreme Court’s ruling on the Defense of Marriage Act (DOMA) paves the way for same-sex couples married under state law to take advantage of all the federal privileges afforded to opposite-sex couples, including those related to federal gift and estate taxes.   Tax planning strategies are inherently complex but an experienced estate planning attorney with knowledge of estate and gift tax laws can help you establish a comprehensive plan that will allow you pass on as much of your hard-earned assets as possible to your loved ones and beneficiaries. Contact Our San Mateo County Estate Tax Planning Attorney Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California.  Contact our office  today for a consultation with our experienced estate planning attorney. Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Family Limited Partnerships Pet Trusts Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Probate Attorney - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Avoiding Probate Return home Practice Areas Avoiding Probate San Mateo Probate Lawyer Depending on the size of an estate, probate proceedings in California can be costly and time consuming. However, there are a number of ways individuals and families can avoid probate. At Biddle Law, we devise innovative estate planning strategies to help clients protect their assets as well as their loved ones. Probate Lawyer in San Mateo County There are a variety of legal mechanisms that can be utilized to transfer assets outside of an estate and therefore avoid probate, including: Living Trust –  this estate planning tool takes ownership of assets such as real estate, bank accounts and vehicles while allowing you to continue managing the property as the trustee during your lifetime. However, it is crucial to ensure that all of your assets are properly transferred into the trust by creating a pour-over will. The trust document names a successor trustee is named who is responsible for transferring the property to the beneficiaries after your death. Because the trust is the actual owner of the assets, probate is not required. Joint Ownership –  Because California is a community property state, spouses who hold title to real property as “community property with right of survivorship” will also avoid probate because the property automatically passes to the survivor when the other spouse dies. In addition, property owned in a joint tenancy passes to surviving owners when one owner dies, provided that each joint tenant owns an equal share. Real Property Transfer on Death Deed –  as of January 1, 2016, real property can be transferred through a revocable transfer-on-death (TOD) deed and avoid probate, however, strict statutory rules and requirements apply. This option will be available until January 1, 2021, at which time the California legislature may or may not extend the law that created TOD deeds. Payable on Death Accounts –  a “payable on death” (POD) designation can be added to bank accounts such as savings accounts, checking accounts and certificates of deposit. The payee inherits any money in these accounts after the owner’s death without going through probate. Transfer- on-Death Securities Registration – stocks, bonds, and brokerage accounts are typically held in transfer-on-death (TOD) form that pass to the beneficiary outside of probate. The beneficiary only needs to provide the brokerage firm with a death certificate and identification in order to have the accounts transferred into his or her name. Multi-Party Accounts –  upon the death of one individual listed on an account, the funds are owned by the remaining individuals, and the decedent’s share passes by the terms of the contract (i.e., signature card) or if not specified by contract, then by operation of law. Transfer of title occurs when the financial institution is provided with a death certificate and opens a new account in the name of the survivors. Transfer-on-death registration for vehicles –  the law also allows for transfer-on-death registration of vehicles so that the beneficiary automatically inherits the vehicle after the owner’s death without going through a probate proceeding. Contact Our California Probate Lawyer There are many reasons to avoid probate, such as administrative expenses, legal fees and the delays often associated with the process. In addition, these court proceedings and filings can be reviewed by the public, so utilizing these mechanisms can also help protect your privacy. If you have questions about how to avoid probate in California,  contact  the Biddle Law firm today. Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California. Search Search: Search Related Content Advanced Estate Planning Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Blog - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Blog Return home Blog When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Posted on May 4, 2026 Probate can shift into litigation when disputes arise over how an estate is being handled or when legal duties are not being met. Issues like executor misconduct, missing assets, or disagreements among heirs can quickly require court intervention. If you are involved in a California probate matter, recognizing these... When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Continue reading… Can You Remove a Trustee in California? Common Grounds and What the Court Looks For Posted on April 6, 2026 You can remove a trustee in California if there are valid legal grounds and, in most cases, court approval. When a trustee mismanages assets, ignores the terms of the trust, or refuses to keep beneficiaries informed, California law allows you to ask a judge to step in. Courts, however,... Can You Remove a Trustee in California? Common Grounds and What the Court Looks For Continue reading… How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Posted on December 4, 2025 The holiday season often inspires generosity, but how you give can make a lasting difference for both your loved ones and your long-term financial goals. Thoughtful estate planning allows you to give meaningfully while minimizing taxes and preserving wealth for future generations. From lifetime gifting to charitable trusts, there are several ways... How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Continue reading… Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Posted on November 10, 2025 The holidays often bring families together, and sometimes, they can also provide an opportunity for important conversations. If your parents live in San Mateo or nearby communities, this season can be a natural time to discuss their wishes for the future. Estate planning isn’t just about finances; it’s about ensuring your parents’... Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Continue reading… Why San Mateo Families Should Review Their Estate Plan Before Year-End Posted on October 21, 2025 As fall arrives, the end of the year begins to come into view. And while many families are preoccupied with back-to-school and perhaps even holiday plans, it’s important to consider possible revisions to your estate plan. Working with an experienced San Mateo estate lawyer will help you make the right decisions in... Why San Mateo Families Should Review Their Estate Plan Before Year-End Continue reading… Can an Executor Be Held Personally Liable? What You Need to Know Posted on September 8, 2025 When someone names you as the executor of their will, it’s an honor, but it also comes with serious responsibilities. In California, executors, also referred to as personal representatives, manage everything from paying debts and distributing assets to filing tax returns and keeping beneficiaries informed. With so much responsibility, it’s natural to... Can an Executor Be Held Personally Liable? What You Need to Know Continue reading… What Happens at Your Initial Consultation for Estate Administration or Legal Disputes Posted on September 2, 2025 Meeting with an estate lawyer often comes at a turning point—after a loved one has passed, when disputes arise, or when you’ve suddenly been handed responsibility for managing an estate. Questions about probate, inheritance, or contested wills don’t wait, and having clear guidance early on can make a difficult time more manageable.... What Happens at Your Initial Consultation for Estate Administration or Legal Disputes Continue reading… What Happens When Siblings Disagree Over a Parent’s Estate? Posted on August 7, 2025 Parents work hard to develop an estate plan that will result in fair inheritances for all of their children. While some parents split everything equally among their children, others decide to convey specific assets to specific heirs. Ultimately, the parents’ hope is that their estate will pass smoothly upon their demise. What Happens When Siblings Disagree Over a Parent’s Estate? Continue reading… Handling Retirement Accounts and Life Insurance in Estate Administration Posted on August 4, 2025 Most estate assets must first undergo a court-supervised process known as probate before heirs can take possession of them. Two exceptions to this rule are for retirement accounts and life insurance policies. While these usually do not have to be probated, there are exceptions. Administering one’s estate properly requires... Handling Retirement Accounts and Life Insurance in Estate Administration Continue reading… What Assets Go Through Probate — and Which Ones Don’t? Posted on July 7, 2025 Probate is a court-supervised process that validates a deceased individual’s will and oversees the administration of that person’s estate. The probate court may only distribute property that was solely owned by the deceased individual. In other words, some assets, such as property that was owned jointly, are not subject to the probate... What Assets Go Through Probate — and Which Ones Don’t? Continue reading… Posts navigation Older posts Search Search: Search Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Categories Business Estate Administration Estate Planning Estate Plans Gifts Health Care Probate Property Trusts Uncategorized Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Estate Planning Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Estate Planning Return home Practice Areas Estate Planning San Mateo Estate Planning Attorney It’s been said that life is what happens when you’re busy making other plans, and many individuals often put off estate planning until it’s too late. At the same time, other’s believe that estate planning is only for the wealthy. At Biddle Law, we believe that everyone needs an estate plan and now is the time to consider your future and protect your loved ones. With offices in San Mateo and Belmont, California, our firm provides comprehensive advisory services to clients in a variety of locations including Foster City and Burlingame, regarding trusts, wills, probate and estate administration, and estate litigation. We design estate plans that are tailored to each client’s unique circumstances and are committed to helping them take control of their destiny. Essential Estate Planning Documents The firm is up-to-date on the related state and federal trusts and estates laws and routinely prepare essential estate planning documents, including: Trusts –  Because probating a will can be a lengthy and costly process, we often advise clients to create a revocable living trust. A well-designed trust takes title to your property while allowing you to continue managing your affairs during your lifetime. A living trust also enables you to plan for incapacity and avoid probate. There are also a number of irrevocable trusts available that can help you provide for a special needs child, plan for long-term care, and achieve other objectives such as avoiding taxes or protecting your estate from creditors. Last Will and Testament –  A will specifies how your assets will be distributed to your loved ones after you die and names a personal representative to carry out your instructions. Most importantly a will allows you to name guardians for your minor children. Without this basic estate planning tool in place, the court will make these decisions in a way that does not agree with your wishes. Powers of Attorney –  If you become incapacitated, a durable power of attorney allows you to name a trusted person, either a spouse, relative or close friend to handle personal and financial affairs such as paying bills, managing property, bank accounts and investments. Advance Healthcare Directive (also known as a “Living Will”)   – The document specifies the type of treatment you prefer to receive or not receive if you are terminally ill or become incapacitated and cannot communicate decisions about end-of-life care. Further, you will be able to name an individual to make decisions about the type of medical care you prefer to receive if you are unable to communicate these decisions. Comprehensive Services At Biddle Law, we work closely with clients through every aspect of estate planning, including: Trust administration – When an estate plan establishes a trust, a trustee, and a successor trustee are named to administer the estate after the death of either one or both grantors. Because trustees are deemed to be fiduciaries and are in a position of trust with the beneficiaries, having proper legal representation is essential. Biddle Law routinely advises trustees, successor trustees, as well as the beneficiaries in the trust administration process. We work closely with clients through every phase of the process to ensure that trusts are being administered appropriately. Probate/Estate Administration – Probate or estate administration is a court-managed proceeding in which a deceased individual’s assets are managed and distributed. The firm routinely represents personal representatives and administrators in probate court, preparing the necessary filings, and assisting clients to handle tax-related issues through the use of CPA’s. Biddle Law is also well versed in the state’s intestacy laws and advise clients when a loved has died without a will in place. Estate Litigation – In the event a dispute arises, the estate might have to be litigated in what is referred to as a will contest. This is a proceeding in the probate court which often involve challenges to the validity of the will, the capacity of the testator, the trustworthiness of the personal representative and a variety of other conflicts. Our firm strives to reach negotiated settlements, but is fully prepared to litigate these matters in court. Avoiding Probate – Depending on the size of an estate, probate proceedings in California can be costly and time consuming. However, there are a number of ways individuals and families can avoid probate. We devise innovative estate planning strategies to help clients protect their assets as well as their loved ones. Contact Our Dedicated Estate Planning Lawyer Biddle Law is dedicated to helping clients preserve their wealth and provide for their loved ones. We work closely with individuals, couples, families and business owners to resolve critical estate planning issues such as asset protection, avoiding guardianships and probate, and Medi-Cal planning. Over the course of a lifetime, many events will occur that require the ongoing and comprehensive advice our firm is uniquely qualified to provide. When you need assistance with estate planning, we will offer you knowledge and compassion and put your mind at ease. Contact our office today for a consultation with our experienced estate planning lawyer. Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California. Give us a call! Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnershi San Mateo Probate Administration Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Probate Administration Return home Practice Areas Probate Administration San Mateo Probate Administration Attorney People may be familiar with the term “probate,” but may not be aware of what the process actually involves.  In short, probate administration is a court-managed proceeding in which a deceased individual’s assets are managed and distributed. While this seems simple enough, it is essential to have proper legal representation to navigate the process. Biddle Law provides advice and counsel to clients on the probate process in San Mateo, California as well as Belmont, Burlingame, and Foster City. Our probate attorneys routinely represent personal representatives and administrators in probate court, prepare the necessary filings and handle tax-related issues. We are also well versed in the state’s intestacy laws and advise clients when a loved has died without a will in place. The Probate Administration Process in California Probate proceedings in California are managed by the superior court of the county in which the decedent lived. The individual who has been appointed the personal representative is responsible for carrying out the instructions of the will. If the decedent did not create a will, a family member or close friend must petition the court to be appointed as administrator. A personal representative is tasked with a variety of duties, starting with validating the will in the probate court. In addition, he or she must file all required notices to beneficiaries and prepare an inventory and appraisal of the estate assets. If there are outstanding debts, these must be paid from the estate proceeds and any other creditor claims must be resolved. While there are no state estate taxes in California, it may be necessary to prepare, file and pay federal estate taxes. It is also necessary to file final income taxes of the decedent. Lastly, the personal representative distributes the estate assets to the beneficiaries and closes the estate. A personal representative can be reimbursed for legitimate expenses and may also be entitled to a statutory fee that is based on the size of the estate. However, a personal representative has an obligation to fulfill his or her fiduciary duties on behalf of the beneficiaries and can be held liable for mismanagement of the estate assets. For this reason, it is essential to engage the services of an experience estate administration attorney. Do all the estate assets need to be probated? In California, certain types of assets are not required to be probated, including: Property in which title was held jointly California real estate subject to a transfer-on-death deed Retirement accounts such as IRAs and 401(k)s, with designated beneficiaries Life insurance policies Bank accounts with “pay on death” (POD) designations Property owned by a living trust In addition, if the value of the estate assets is less than $150,000, a formal probate proceeding is not required. Instead, the beneficiaries only need to file a small estate affidavit with the court. Although this is relatively straightforward, it is essential to consult with our attorneys to determine whether or not certain assets are included in a small estate as well as to complete and file the affidavit. Contact Our Probate Administration Attorney in San Mateo, CA With offices in San Mateo and Belmont, California, Biddle Law works closely with personal representatives and administrators throughout the entire estate administration process. We recognize that grieving the loss of a loved one is a difficult experience and offer each client knowledge, compassion and a superior level of personal service.  Contact us  for a consultation with our experienced probate administration attorney. Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California. Give us a call!  Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Family Limited Partnerships Attorney Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Family Limited Partnerships Return home Practice Areas Family Limited Partnerships San Mateo Family Limited Partnerships Attorney Family Limited Partnerships (FLP) are special legal vehicles that can preserve a family business for future generations while helping to shelter assets and reduce overall gift and estate taxes. FLPs are commonly used as part of business succession planning, and business continuity plans, and often serve as an integral component of an estate plan for high net worth individuals. Family Limited Partnerships are typically established by married couples who place assets in the FLP and serve as its general partners. They may then grant limited-partnership interests to the children, of up to 99% of the value of the FLP’s assets. When this occurs, the assets are removed from the general partners’ estates, thus saving on future estate taxes. The general partners keep control of the FLP and its assets, even though they may own as little as just 1% of the asset’s value.                       Limited partners may receive distributions from the FLP, and enjoy certain tax benefits. Asset protection is another attractive feature of the FLP. The partnership’s assets are shielded from the limited partners’ creditors. The interests in a FLP can be easily divided among family members, who may each own different amounts. The FLP enables ownership of a business to transfer to the younger generation, while allowing the senior generation to continue conducting operations and mentoring and grooming the young owners. One of the significant benefits of a properly established and maintained FLP is that it can reduce the value of gifts to your children and grandchildren. The value of each limited partnership interest which you give away decreases the value of your taxable estate and, consequently, any tax which your heirs would have to pay upon your death. The gifts are made using the annual gift tax exclusion, so you may not have to pay any gift tax on the transfer. Since limited partners do not have the ability to direct or control the day-to-day operation of the partnership, a minority discount can be applied to reduce the value of the limited partnership interests which you are gifting. Therefore, the value of the partnership interests transferred to your beneficiaries may be far less than the corresponding value of the assets in the partnership. Furthermore, because the partnership is a closely-held entity and not publicly traded, a discount can be applied based upon the lack of marketability of the limited partnership interest. This allows you to leverage the FLP as a vehicle to transfer more wealth to your beneficiaries, while retaining control of the underlying assets.                    With these significant tax benefits, it’s no surprise that many FLPs have attracted scrutiny from the IRS. Many have run into various problems due to mistakes or outright abuse. Care must be taken to ensure your FLP is properly established and operated. Specifically, the IRS may look at the following issues when assessing the viability of the Family Limited Partnerships: It’s not all about taxes. You stand a better chance of avoiding or surviving a challenge from the IRS if you can show a significant, legitimate non-tax-related reason the FLP was created. Tax savings are an important consideration, but you must be able to demonstrate that there are other reasons, as well.                                                                                                                  Keep your personal assets out of the FLP. You can reasonably expect to transfer closely held stock or interests in commercial real estate into a Family Limited Partnership. However, personal property such as cars or residences will not fare well against an IRS challenge. Similarly, the FLP’s assets should not be used to pay for any personal expenses. The FLP must be a legitimate business entity operated to fulfill a business purpose.                                                                                                        Have your FLP’s assets professionally appraised. Partners or family members should not determine the valuations or discounts for any assets transferred into the FLP. A qualified appraiser has a much better chance of withstanding IRS scrutiny. Don’t push it. Many are tempted to put as many assets into the FLP as possible, to maximize the asset protection and tax savings benefits. Unfortunately, if the FLP is successfully challenged, a significant portion of a partner’s net worth could be vulnerable to taxes or lawsuits. Contact Our San Mateo County Family Limited Partnerships Lawyer Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City, and Belmont, California.  Contact our office  today for a consultation with our experienced lawyer. Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Pet Trusts Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Esta San Mateo Estate Taxes Planning Frequently Asked Questions Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Estate Taxes FAQs Return home Estate Taxes FAQs Estate Tax Planning Frequently Asked Questions Will my estate be subject to death taxes within estate taxes? There are two types of death taxes that you should be concerned about: the federal estate taxes and state estate taxes. The federal estate tax is computed as a percentage of your net estate. Your net taxable estate is comprised of all assets you own or control minus certain deductions. Such deductions can be for administrative expenses such as funeral and burial costs as well as charitable donations. The federal estate tax currently taxes estates with net assets of $5,250,000 or greater. Even if you believe that that you may not be affected by the federal estate tax, you still need to determine whether you may be subject to state estate and inheritance taxes. Further, you may have a taxable estate in the future as your assets appreciate in value. You should regularly review your estate plan with an estate planning attorney to ensure your estate plan takes into account changes in the tax laws as well as shifts in your individual circumstances. What is my taxable estate? Your taxable estate comprises of the total value of your assets including your home, other real estate, business interests, your share of joint accounts, retirement accounts, and life insurance policies minus liabilities and deductions such as funeral expenses paid out of the estate, debts owed by you at the time of death, bequests to charities and value of the assets passed on to your U.S. citizen spouse. The taxes imposed on the taxable portion of the estate are then paid out of the estate itself before distribution to your beneficiaries. What is the unlimited marital deduction in estate taxes? The federal government allows every married individual to give an unlimited amount of assets either by gift or bequest, to his or her spouse without the imposition of any federal gift or estate taxes. In effect, the unlimited marital deduction allows married couples to delay the payment of estate taxes at the passing of the first spouse because at the death of the surviving spouse, all assets in the estate over the applicable exclusion amount ($5,120,000 ) will be included in the survivor’s taxable estate. It is important to keep in mind that the unlimited marital deduction is only available to surviving spouses who are United States citizens. What is a Credit Shelter or A/B Trust and how does it work? A Credit Shelter Trust, also known as a Bypass or A/B Trust is used to eliminate or reduce federal estate taxes and is typically used by a married couple whose estate exceeds the amount exempt from federal estate tax. Because of the Unlimited Marital Deduction, a married person may leave an unlimited amount of assets to his or her spouse, free of federal estate taxes and without using up any of his or her estate tax exemption. However, for individuals with substantial assets, the Unlimited Marital Deduction does not eliminate estate taxes, but simply works to delay them. This is because when the second spouse dies with an estate worth more than the exemption amount, his or her estate may be subject to estate tax on the amount exceeding the exemption. Meanwhile, the first spouse’s estate tax credit was unused and, in effect, wasted.  This could be avoided by ensuring that after the passing of the first spouse, an estate tax return is filed even if no taxes are due.  The purpose of a Credit Shelter Trust is to ensure preservation of both spouses’ exemptions. Upon the death of the first spouse, the Credit Shelter Trust establishes a separate, irrevocable trust with the deceased spouse’s share of the trust’s assets. The surviving spouse is the beneficiary of this trust, with the children as beneficiaries of the remaining interest. This irrevocable trust is funded to the extent of the first spouse’s exemption. Thus, the amount in the irrevocable trust is not subject to estate taxes on the death of the first spouse, and the trust takes full advantage of the first spouse’s estate tax credit. Special language in the trust provides limited control of the trust assets to the surviving spouse which prevents the assets in that trust from becoming subject to federal estate taxation, even if the value of the trust goes on to exceed the exemption amount by the time the surviving spouse dies. What is a Qualified Personal Residence Trust (QPRT) and how does it work? Our homes are often our most valuable assets and hence one of the largest components of our taxable estate. A Qualified Personal Residence Trust, or a QPRT (pronounced “cue-pert”) allows you to give away your house or vacation home at a great discount, freeze its value for estate tax purposes, and still continue to live in it. Here is how it works: You transfer the title to your house to the QPRT (usually for the benefit of your family members), reserving the right to live in the house for a specified number of years. If you live to the end of the specified period, the house (as well as any appreciation in its value since the transfer) passes to your children or other beneficiaries free of any additional estate or gift taxes. After the end of the specified period, you may continue to live in the home, but you must pay rent to your family or designated beneficiary in order to avoid inclusion of the residence in your estate. This may be an added benefit as it serves to further reduce the value of your taxable estate, though the rent income does have income tax consequences for your family. If you die before the end of the period, the full value of the house will be included in your estate for estate tax purposes, though in most cases you are no worse off than you would have been had you not established a QPRT. An added benefit of the QPRT is that it also serves as an excellent asset/creditor protection vehicle since you no longer technically own the property once the trust is established. What is an Irrevocable Life Insurance Trust and how does it work? There is a common misconception that life insurance proceeds are not subject to estate tax. While the proceeds are received by your loved ones free of any income taxes, they are countable as part of your taxable estate and therefore your loved ones can lose over forty percent of its value to federal estate taxes. An Irrevocable Life Insurance Trust keeps the death benefits of your life insurance policy outside your estate so that they are not subject to estate taxes. There are many options available when setting up an ILIT. For example, ILITs can be structured to provide income to a surviving spouse with the remainder going to your children from a previous marriage. You can also provide for distribution of a limited amount of the insurance proceeds over a period of time to a financially irresponsible child. What is a Family Limited Partnership and how does it work in estate taxes? A Family Limited Partnership (FLP) is simply a form of limited partnership among members of a family. A limited partnership is one which has both general partners (who control management) and limited partners (who are passive investors). General partners bear unlimited personal liability for partnership obligations, while limited partners have no liability beyond their Alexander Biddle - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Alexander Biddle Founding Attorney 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Alexander Biddle Founding Attorney Return home Team Alexander Biddle Alexander Biddle Founding Attorney Alexander Biddle is the founding attorney of Biddle Law. His practice features an emphasis in Estate Planning, Trust Administration, and Trust and Probate Litigation. Alex graduated from University of California, Davis (B.A., 2009) and Santa Clara University School of Law (J.D., cum laude, 2014). Alex also completed his Master of Laws in Estate Planning at Golden Gate University. In law school, Alex seven CALI awards and one Witkin award, all given in recognition of earning the highest grade in a course. Two of the awards symbolized academic excellence in Wills and Trusts, and Family Wealth Management. Alex also completed his Master of Laws in Estate Planning at Golden Gate University. Prior to and throughout law school, Alex worked in various litigation firms. Upon forming his own family, getting married and raising his first baby boy (he has two now!), his focus shifted to protecting and caring for his family. Naturally, he created an estate plan to provide for his newborn son, which helped him to realize his passion for helping families through estate planning. Alex is a member of the Silicon Valley Bar Association; San Mateo County Bar Association; Estate Planning and Probate Section; and the State Bar of California, Trusts and Estates Section. In his spare time, Alex enjoys hosting barbecues with family, attending professional sports games, playing with his two boys, and traveling with his wife. Alexander Biddle Founding Attorney Alexander Biddle is the founding attorney of Biddle Law. His practice features an emphasis in Estate Planning, Trust Administration, and Trust and Probate Litigation. Alex graduated from University of California, Davis (B.A., 2009) and Santa Clara University School of Law (J.D., cum laude, 2014). Alex also completed his Master of Laws in Estate Planning at Golden Gate University. In law school, Alex seven CALI awards and one Witkin award, all given in recognition of earning the highest grade in a course. Two of the awards symbolized academic excellence in Wills and Trusts, and Family Wealth Management. Alex also completed his Master of Laws in Estate Planning at Golden Gate University. Prior to and throughout law school, Alex worked in various litigation firms. Upon forming his own family, getting married and raising his first baby boy (he has two now!), his focus shifted to protecting and caring for his family. Naturally, he created an estate plan to provide for his newborn son, which helped him to realize his passion for helping families through estate planning. Alex is a member of the Silicon Valley Bar Association; San Mateo County Bar Association; Estate Planning and Probate Section; and the State Bar of California, Trusts and Estates Section. In his spare time, Alex enjoys hosting barbecues with family, attending professional sports games, playing with his two boys, and traveling with his wife. Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Advanced Estate Planning Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Advanced Estate Planning Return home Practice Areas Advanced Estate Planning San Mateo Advanced Estate Planning Attorney You’ve worked hard your whole life to provide for your family and make your loved ones more secure. By having an estate plan in place, you can protect your family’s assets from high legal costs of going to probate court, creditors, judgments and liens and federal and state taxes. Our firm regularly assists affluent families with a number of sophisticated advanced estate planning strategies including establishing: Family Limited Partnerships, Personal Residence Trusts, Irrevocable Life Insurance Trusts and a wide range of charitable gifting techniques to reduce federal estate taxes, gift taxes and generation skipping transfer taxes. Common Advanced Estate Planning Strategies Family Limited Partnerships A Family Limited Partnership (FLP) is a limited partnership among members of a family. The main advantages of forming and funding an FLP involve estate and gift tax savings and asset protection. An FLP also allows you to retain control over the transferred assets while enjoying these advantages.Once the FLP is established and your assets are transferred to it, you can make gifts of limited partnership interests to your children or other beneficiaries. This accomplishes several different estate planning objectives simultaneously. First, the value of each limited partnership interest which you give away decreases the value of your taxable estate and, consequently, any tax which your heirs would have to pay upon your death. The gifts are made using the annual gift tax exclusion, so depending on its value, you may not have to pay any gift tax on the transfer. Leveraging Family Limited Partnerships for Wealth Transfer and Asset Protection Second, the value of the partnership interests transferred to your beneficiaries is far less than the corresponding value of the assets in the partnership. Since limited partners do not have the ability to direct or control the day-to-day operation of the partnership, a minority discount can be applied to reduce the value of the limited partnership interests which you are gifting. Furthermore, because the partnership is a closely-held entity and not publicly-traded, a discount can be applied based upon the lack of marketability of the limited partnership interest. This allows you to leverage the FLP as a vehicle to transfer more wealth to your beneficiaries, while retaining control of the underlying assets. Lastly, a properly-structured FLP can have creditor protection characteristics since the general partners are not obligated to distribute earnings of the partnership. Qualified Personal Residence Trusts Our homes are often our most valuable assets and hence one of the largest components of our taxable estates. A Qualified Personal Residence Trust or a QPRT (pronounced “cue-pert”) allows you to give away your house or vacation home at a great discount, freeze its value for estate tax purposes, and still continue to live in it. Here is how it works: You transfer the title to your house to the QPRT (usually for the benefit of your family members), reserving the right to live in the house for a specified number of years. If you live to the end of the specified period, the house (as well as any appreciation in its value since the transfer) passes to your children or other beneficiaries free of any additional estate or gift taxes. After the end of the specified period, you may continue to live in the home but you must pay rent to your family or designated beneficiary in order to avoid inclusion of the residence in your estate. This may be an added benefit as it serves to further reduce the value of your taxable estate, though the rent income does have income tax consequences for your family. If you die before the end of the period, the full value of the house will be included in your estate for estate tax purposes, though in most cases you are no worse off than you would have been had you not established a QPRT. An added benefit of the QPRT is that it also serves as an excellent asset/creditor protection vehicle since you no longer technically own the property once the trust is established and your residence is transferred to the trust. Irrevocable Life Insurance Trusts for Advanced Estate Planning There is a common misconception that life insurance proceeds are not subject to Federal Estate Taxes. While the proceeds are received by your loved ones free of any income taxes, they are countable as part of your taxable estate and therefore your loved ones can lose as much as half of the policy’s value to estate taxes. An Irrevocable Life Insurance Trust (ILIT) is created specifically for the purpose of owning your life insurance policy. A properly established and administered trust holds the policy outside of your estate and keeps the proceeds from being taxable to your estate. The proceeds from the insurance policy can then be used to provide your estate with the liquidity to pay estate taxes, pay off debts, pay final expenses and provide income to a surviving spouse or children. The ILIT will be the policy owner and beneficiary. Once your trust is established, you can use your annual gift tax exclusion to make cash gifts to your trust. Your beneficiaries forgo the present gift (in lieu of the future proceeds) and the trustee uses the remaining gift to pay the premium on the life insurance policy. There are many options available when setting up an ILIT. For example, ILITs can be structured to provide income to a surviving spouse with the remainder going to your children from a previous marriage. You can also provide for distribution of a limited amount of the insurance proceeds over a period of time to a financially irresponsible child. Contact Our San Mateo County Advanced Estate Planning Lawyer Our firm is dedicated to helping clients make educated, informed decisions about their assets and will work with you and your team of financial advisors and CPAs to implement a highly sophisticated and effective estate plan that allows for the maximum transfer of assets to your loved ones. Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California.  Contact our office  today for a consultation with our experienced advanced estate planning lawyer. Search Search: Search Related Content Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phon Videos - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Archives: Videos Return home Videos Archives: Videos ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="What Happens If You Die Without A Will (Or Trust)?" > What Happens If You Die Without A Will (Or Trust)? If you were to die without a will or trust, your assets may or may not be subject to a probate administration. And it really depends on how you have the assets titled. All assets are potentially subject to a probate but oftentimes the assets will have ways in which a probate can be avoided. For example,… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="What Does A Will Do & When Does It Go Into Effect?" > What Does A Will Do & When Does It Go Into Effect? A will goes into effect when the testator, the person who created the will passes away. And the will basically says where your property goes when you pass away. You name your executor, the person who will carry out the terms of the will in probate court and you will name most importantly your beneficiaries. An important… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="What Makes Up My Estate?" > What Makes Up My Estate? Your estate basically means all of your assets and that could be personal property, that could be real property (i.e. real estate), intellectual property. So your estate is generally all your assets whereas your trust estate are assets that are subject to your trust. And you will have non-probate assets, for example, retirement accounts, those… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="Do I Need An Estate Plan If I’m Single, Without Kids And No Assets?" > Do I Need An Estate Plan If I’m Single, Without Kids And No Assets? If you are single, don’t have children or don’t have significant assets, an estate plan is still very important for you. When we do an estate plan, we’re not only doing death planning but we are also planning for potential incapacity. And if you were to become incapacitated, whether temporarily or permanently, that is one… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="What is Probate?" > What is Probate? Probate is the administration of your assets through the probate court. And in a probate, your executor (the person you named in your will) or the administrator (the close relative to you) or other individual who has elected to administer your estate, that person (also called the the personal representative). The personal representative will marshall… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="What Is A Trust?" > What Is A Trust? A trust is a relationship with respect to property and how I explain it to my clients is: I ask them to think about what it means to own your property. And I want you to think of it in two respects, the right to control your property and the right to your enjoy your… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="What Benefits Does A Trust Offer?" > What Benefits Does A Trust Offer? A trust offers a lot of benefits and I’ll compare it to a will in terms of. A will only says where your property goes when you pass away, whereas a trust says where your property goes if you were to become incapacitated and when you pass away. What a trust also allows you to do is have… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="If I Have A Living Trust, Do I Still Need A Will?" > If I Have A Living Trust, Do I Still Need A Will? If you have a living trust, you don’t necessarily still need a will. However, it’s good practice to have what’s called a pour-over will. And that is just a will that names your trust as the beneficiary of the will. So, when you have a trust, you want everything to go according to the terms… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="How Can I Make Sure My Child Gets Their Inheritance And Not Their Spouse?" > How Can I Make Sure My Child Gets Their Inheritance And Not Their Spouse? If your child is married and you’re concerned that they may become divorced, there are ways to protect the inheritance. The first thing you should understand is that any property acquired via gift or inheritance is separate property. So, if your child were to receive their inheritance, if they would receive it outright, it would… View full description… ▶ " frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen title="What Is A Durable Power Of Attorney?" > What Is A Durable Power Of Attorney? A durable power of attorney is a document in which the principal names an agent is called the attorney in fact. And the attorney-in-fact has a fiduciary duty to the principal and can only act for their benefit. The power of attorney can name a number of powers that the attorney-in-fact can do for the… View full description… ← Older Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Pet Trust Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Pet Trusts Return home Practice Areas Pet Trusts San Mateo Pet Trust Attorney Have you seriously considered what will become of your faithful companion – your beloved pet – upon your death or disability? If not, now is the time. If you don’t have a plan in place that quickly and easily provides for your pet’s food, shelter, and care, it’s essential that you take steps to include your cherished pet in your estate plan by creating a pet trust. The specific estate planning method that ensures a quality life for your pet will depend on a number of factors including state laws, your pet’s needs, your wishes, and financial resources. Can I provide for my pet in my estate plan? Yes. However, even though you consider your pet as a companion and devoted friend, legally, your pet is ‘personal property’ – and is not given the status of a person. That makes it critical to choose the right planning method. You can provide for your pet in your last will and testament or by creating a trust . Isn’t my will the easiest place to plan for the care of my pet? Even though it may seem ‘easy’ to include a bequest for your pet within your will, it may not be the best approach. Why? Because your will must go through probate before it takes effect. This can be time-consuming and uncertain, and since your pet needs food, water, shelter, and love every day, this may not be the best way to provide for your pet. During probate , your pet’s care, or even ownership, can be in jeopardy. So, while you may want to include provisions in your will, first consider other methods. Many people are now using a ‘trust’ to provide funds and direction for the care of their pets. How does a pet trust help me provide for my pet? Unlike a will that is subject to the probate process, a trust becomes effective immediately upon the terms outlined in your trust – usually death or disability. Your trust specifies the details concerning the care and control of your pet, as well as making funds available. Your trust can also give specific directions about the daily care, medical attention, physical control and even burial of your pet. What is a pet trust and how does it work to provide for the care of my pet? A trust is a legal entity set up to accomplish a particular purpose. We will work with you to establish a plan that will determine when and under what circumstances the trust will take effect. This includes how the trust will be funded, who will be the trustee, successor trustee, beneficiary and caretaker, and how the trustee or caretaker will manage your pet and the funds for your pet. You want your loving pet to be fed, cared for, and to receive medical attention. You may also want to designate funds for pet insurance, or even to enforce the trust. In your trust, you can also leave real property for housing your beloved companion. What types of trusts are available to provide care for my pet? This is really a generic term and is applied to a trust that provides for your pet. A pet cannot be a beneficiary of a traditional legal trust because one of the legal requirements for a trust is that there must be a beneficiary, and that beneficiary must be able to enforce the terms of the trust. Obviously, a pet cannot enforce trust. So, the choice and structure of a trust must take this into account and be properly worded to accomplish your goals. Most trusts for the care of pets include the following: Statutory  – Some states have enacted statutes that allow for enforceable pet trusts. This generally means that the trust can designate a third party who will have the power to enforce the terms of the trust – to compel the caretaker or trustee to use the trust funds for your pet. Some issues that arise with these trusts include whether the amount of funds in the trust is ‘reasonable’ according to court standards, and who the designated third party to enforce the trust would be.    Honorary  – This is a type of trust set up for a specific purpose (such as to provide for a pet) but without a definite beneficiary. The problem with an honorary trust is that without a statute specifically authorizing it, it is essentially unenforceable. Traditional Legal  – One of the best methods to ensure the care of your beloved pet is to set up a traditional legal trust. This can be achieved by placing the pet and sufficient funds for its care into the trust. You can designate the caretaker of your pet as the ‘beneficiary’ of the trust as well as a trustee who will be legally responsible for managing the funds and overseeing the caretaker. Contact Our San Mateo Pet Trust Lawyer Biddle Law proudly serves the areas of San Mateo County, Burlingame, Foster City, San Carlos County, Redwood City and Belmont, California.  Contact our office  today for a consultation with our pet trust lawyer. Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Probate Administration Estate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Contact Our Office - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Contact Our Office Return home Contact Our Office San Mateo Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Phone: Call our office 650-532-3470 Follow the Firm View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact San Mateo Estate Administration Lawyer - Biddle Law Skip to content Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Estate Administration Return home Practice Areas Estate Administration San Mateo Estate Administration Attorney When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. If the assets of the deceased were owned through a well-drafted and properly funded living trust, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased’s assets. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court. The probate and estate administration process for each estate is unique, but usually involves the following steps: Filing of a petition with the proper probate court. Notice to heirs under the will or to statutory heirs (if no will exists). Petition to appoint Executor (in the case of a will) or Administrator for the estate. Inventory and appraisal of estate assets by Executor/Administrator. Payment of estate debt to rightful creditors. Sale of estate assets. Payment of estate taxes , if applicable. Final distribution of assets to heirs. Frequently Asked Questions Is probate necessary if the deceased had a living trust? If assets were owned through a properly funded living trust, it is likely that no court-managed administration is necessary, but the successor trustee needs to administer the distribution of assets. How long does the probate process usually take? The length of time needed to complete probate depends on the size and complexity of the estate and the local rules and schedule of the probate court. What are the steps involved in the probate process? The probate process usually involves filing a petition, notifying heirs, appointing an executor or administrator, appraising estate assets, paying debts and taxes, selling assets if necessary, and distributing assets to heirs. Contact Our San Mateo County Wills Lawyer If you have questions about the probate or estate administration process, or need assistance with managing and distributing assets, our experienced estate planning attorneys are here to help. Contact us today to schedule a consultation. What happens if someone objects to the will? An objection to a will, also known as a “will contest” is a fairly common occurrence during the probate proceedings and can be incredibly costly to litigate. In order to contest a will, one has to have legal “standing” to raise objections. This usually occurs when, for example, children are to receive disproportionate shares under the will, or when distribution schemes change from a prior will to a later will. In addition to disputes over the tangible distributions, will contests can be a quarrel over the person designated to serve as Executor. Does probate administer all property of the deceased? Probate is primarily a process through which title is transferred from the name of the deceased to the names of the beneficiaries. Certain types of assets are “non-probate assets” and do not go through probate. These include: Property in which you own title as “joint tenants with right of survivorship”. Such property passes to the co-owners by operation of law and do not go through probate. Retirement accounts such as IRA and 401(k) accounts where there are designated beneficiaries. Life insurance policies. Bank accounts with “pay on death” (POD) designations or “in trust for” designations. Property owned by a living trust. Legal title to such property passes to successor trustees without having to go through probate. Do I get paid for serving as an Executor? Executors are reimbursed for all legitimate out-of-pocket expenses incurred in the process of management and distribution of the deceased’s estate. In addition, you may be entitled to statutory fees, which vary from location to location and on the size of the probate estate. The Executor has to fulfill his or her fiduciary duties on behalf of the estate with the highest degree of integrity and can be held liable for mismanagement of estate assets in his or her care. It is advised that the Executor retain an attorney and an accountant to advise and assist him with his or her duties. How much does probate cost? How long does it take? The cost and duration of probate can vary substantially depending on a number of factors such as the value and complexity of the estate, the existence of a will and the location of real property owned by the estate. Will contests or disputes with alleged creditors over the debts of the estate can also add significant cost and delay. Common expenses of an estate include Executors’ fees, attorneys’ fees, accounting fees, court fees, appraisal costs, and surety bonds. These typically add up to 5 to 7 percent of the total estate value. Most estates are settled though probate in about 9 to 18 months, assuming there is no litigation involved. Search Search: Search Related Content Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration Contact Us Online " * " indicates required fields Name * First Last Phone Number * Email Address * How can we help you? * Send Your Information Recent Posts When Probate Turns Into Litigation: Warning Signs Executors and Beneficiaries Should Not Ignore Can You Remove a Trustee in California? Common Grounds and What the Court Looks For How to Gift Wisely Through Your Estate Plan During the Holidays in San Mateo Estate Planning for Aging Parents in San Mateo: What Adult Children Need to Know Why San Mateo Families Should Review Their Estate Plan Before Year-End Our Office 1900 South Norfolk Street, Suite 350 San Mateo , CA 94403 Call Menu Contact © 2026 Biddle Law | Phone: 650-532-3470 1900 South Norfolk Street, Suite 350 , San Mateo , CA 94403 Website Design by Omnizant - View site in new window Attorney Advertising Disclaimer Privacy Policy Website developed in accordance with Web Content Accessibility Guidelines 2.1. If you encounter any issues while using this site, please contact us: 650-532-3470 Return home View our profile on Facebook, opens in a new window View our firm profile on LinkedIn, opens in a new window See our reviews on Yelp, opens in a new window View our profile on Avvo, opens in a new window 650-532-3470 Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact Menu Close Menu Home About About Alexander Biddle Testimonials Practice Areas Advanced Estate Planning Avoiding Probate Business Succession Planning Estate Litigation Estate Planning Estate Tax Planning Family Limited Partnerships Pet Trusts Probate Administration Trust Administration FAQs Estate Planning FAQs Estate Taxes FAQs Real Estate FAQs Video FAQs Blog Contact