Orange County’s Premiere Estate Planning Law Firm
Welcome to James F. Roberts & Associates. Our firm is located in the heart of Orange County and our lawyers focus exclusively on the areas of estate planning, estate administration, and elder law. Roberts & Associates has served the residents of Orange County for over 30 years, but we also routinely represent clients from Los Angeles and Riverside Counties. The founder of the firm, James F. Roberts, has established over 8,000 living trusts for clients all throughout Southern California. You can rely on our experienced lawyers for guidance in: Estate planning, Estate administration, and Elder law.
What Sets Our Lawyers Apart?
At James F. Roberts & Associates, our Orange County estate planning lawyers understand that estate administration and estate planning for elders involves difficult decisions, so our approach is both compassionate and professional. We get to know our clients on a personal level – learning about them, their loved ones, their concerns and their objectives – so we can assist them in making the right decisions and planning properly for the future. Moreover, the majority of our clients are referred from family and friends, which speaks significantly about the level of service we provide. Our team consists of knowledgeable estate attorneys and skilled support staff who share a common goal – to create a personalized plan for your future and bring you peace of mind.
Why Do I Need An Estate Plan?
Our standard estate plan typically includes both a Living Trust and a Will. The Living Trust is essential for a number of reasons. The most significant benefit provided by a Trust is that it allows an individual’s estate to be distributed to beneficiaries without the need for probate. Probate is a legal process that takes place after a decedent passes away and it involves the court’s supervision and control over the decedent’s estate. There are five major reasons to want to avoid probate:
- Cost: Probate is costly. A general rule of thumb is that probate will cost you approximately 5% of the fair market value of the probate estate. For example, if an $800,000 home goes through probate, then the decedent’s estate could expect to pay about $40,000 in probate-related costs.
- Time: On average, the probate process runs between one to two years. By contrast, having a living trust in place allows assets to be distributed to your loved ones in under one month.
- Headache: Putting your family through the court system after you pass away for a period of one to two years lends itself to headaches, fighting and disharmony amongst those you leave behind.
- No Control: Your family will have no control over the probate process. The court determines how much it will cost, how long it will take, and what information is made public. If you don’t have a valid trust or will, then your assets will be distributed according to California law.
- No Privacy: Your family will have no privacy since probate is a public process. Any interested party could access information regarding what your estate consists of and what debts you owed.
For those of you who are parents of minor children, what might be most important is that an estate plan allows you to designate a guardian over your children in the event that you pass away. Without an estate plan, the court would be responsible for selecting a guardian over your minor child or children.
Finally, one of the most significant benefits of a living trust is that it allows married individuals to greatly reduce or eliminate estate taxes upon their passing – meaning that more of your assets will pass to your loved ones, and less will pass to the government.
As you can see, the benefits of an estate plan are numerous. If you have assets that you would like to preserve for your family and loved ones, and currently do not have a Living Trust or Will, we strongly recommend that you establish an estate plan for yourself.
Our Practice Areas
Each estate planning lawyer at our firm in Orange County focuses exclusively on estate planning, estate administration and elder law. Estate planning includes setting up Living Trusts and Wills, estate tax planning, charitable gift planning, and creating advanced medical directives. Estate administration involves assisting individuals in implementing and administering the Trust when the trustor has passed away or has become incapacitated. If a decedent does not have a trust, our lawyers can guide you through the probate process. Our elder law practice focuses primarily on assisting individuals to qualify for Medi-Cal (Medicaid) and Veteran’s Administration benefits. The Orange County estate planning lawyers at Roberts & Associates have over sixty years of combined experience. So if you need assistance in any of these areas, you can rest assured that you are in good hands.
For Those Who Already Have an Estate Plan
If you already have an estate plan, there are a number of reasons to come in to have it reviewed. For example, if you have changed your mind about who your beneficiaries should be, if the size of your estate has significantly changed, or if your marital status has changed (i.e. a spouse has passed away), then you may need to have your estate plan reviewed. Moreover, there may be new tax laws and tax-savings strategies that your current plan does not provide for. Our estate planning lawyers in Orange County recommend that you come in every 7 to 10 years to ensure that your entire estate plan is up to date.
Let Us Assist You
Our goal is to have our clients walk away with extraordinary results and to afford them with peace of mind. If you need assistance in estate planning, estate administration or elder law, feel free to contact one of our Orange County estate planning lawyers at or email us. We look forward to meeting you.
— James F. Roberts & Associates
