Pass along
Your Legacy
with the professional assistance provided by Legacy Counselors at Law P.C.– Services available in –
ORANGE COUNTY
Riverside
Los Angeles
BAY AREA
About Gisselle
Gisselle M. Quintana is personable and easy to work with, understanding the complexities of preparing a legacy for your families, both financially and otherwise.
Gisselle is the attorney-founder of Legacy Counselors at Law, P.C. She established her practice in 2012 with a focus on Wills, Trusts & Probate Estates. She has acquired extensive experience in Estate Planning, including the preparation of complex Irrevocable and Special Needs Trusts and other types of planning to assist families in reaching their personal objectives. She has represented families in the Administration of Probate Estates, Guardianship and Conservatorship matters and has represented many dependent adults in these proceedings as Court-appointed attorney and Guardian Ad Litem for the Orange County Superior Court. She has been involved in highly contested Conservatorship and Trust disputes as well as Elder Abuse Restraining Orders, Guardianship and Will contests. Further, Gisselle is a former adjunct professor at Trinity Law School in Orange County, California, where she taught Community Property principles and Professional Responsibility to law students for over six years. She also taught at California State University Long Beach, the principles of Health Care Law.
She is a Board Member (member at large) of the Orange County Bar Association’s Elder Law and Special Needs Law Section, and of course, a member of the California State Bar.
Estate Planning
Estate Planning includes, but is not limited to, the preparation of your Will, Trust, Power of Attorney and Health Care Directive, including Final Disposition Instructions so that you are prepared in the event of death or illness. What happens if you become ill? Has someone been appointed to care for your personal and financial affairs? This is why Estate Planning is so important - you maintain control of how your assets and personal decisions are handled even beyond your incapacity or death.
Do you have a will?
Many ask what the difference is between a will and a trust. A trust will hold assets (such as a house, bank account, other); but a will does not hold assets. Rather, it specifically states your desires as to who should be the appointed executor to manage your estate upon your death, and who shall inherit your estate, if any left after paying of debts and liabilities. A Will is not designed to avoid probate, so if your estate is well over $166,250 in California, your Will would be admitted to the Probate court of the county in which you resided at your death, and will require a lengthier time frame for administration. Moreover, attorney’s fees and court costs are higher and it may subject your estate to litigation or dispute by potential unknown heirs.
A Pour-Over Will is “attached” to your Trust and will “catch” any assets left outside of a Trust and “pour them back over” to the Trust, to be administered according to Trust terms. This will help to diminish the costly expense of a full blown probate proceeding.
Should I get a trust done?
A Trust is a management device that allows you (the Trustor / Settlor) to transfer ownership of your assets into another entity (ie the Trust) and still maintain complete control over them. The Trustor/Settlor assigns a Trustee to manage the trust for the benefit of the beneficiaries. The Trustee will be required to manage your estate as you have directed. The Trustee is held to a very high standard of fiduciary duties, and any breach of them will subject them to court proceedings. Therefore choosing a Successor Trustee is an important decision. You must choose a responsible and trusted individual. There are also options for assigning a Private Professional Fiduciary as your Successor Trustee.
You may not require a Trust. In order to determine that, it is important you contact a qualified attorney. Our attorney will go over these options with you to determine the best route.
- The Trustor/Settlor can set aside money for dependents and even name a guardian for their minor children in the event of parent’s death/incapacity
- The Trustor/Settlor can maintain control of who manages AND who inherits their property
- We love our pets! A Trustor/Settlor can arrange for the care of their pets after they’re gone
- Prevent sibling rivalry and will / trust disputes among heirs
- Facilitate the mourning process for loved ones. Having your affairs in order will permit your surviving loved ones to be less stressed about your financial affairs and focus more on healing.
- The Trustor/Settlor can set aside money for dependents and even name a guardian for their minor children in the event of parent’s death/incapacity
- The Trustor/Settlor can maintain control of who manages AND who inherits their property
- We love our pets! A Trustor/Settlor can arrange for the care of their pets after they’re gone
- Prevent sibling rivalry and will / trust disputes among heirs
- Facilitate the mourning process for loved ones. Having your affairs in order will permit your surviving loved ones to be less stressed about your financial affairs and focus more on healing.
Are you in probate?
If an individual has an estate over $166,250, and no Trust or estate plan was in place, your estate may be subject to probate. Attorney fees are higher because they are statutory and depend on the size of your estate. Further, the process is longer and subjects your estate to contests from unknown heirs.
How do I create a conservatorship?
Do you require a special needs trust?
