Tarren Collins Law Firm

05/21/2024

Call or email me to learn about the many benefits of a well-drafted estate plan. Here are the top 4 misconceptions about Wills and Trusts:

1. I don’t need a Will if I have a small estate. Only people with lots of money need estate planning to protect their assets.

In California, anyone with more than $50,000.00 in real property or more than $185,000.00 in total assets can achieve multiple benefits financially and otherwise for themselves and their family through one form or another of professional estate planning. What matters is what you do with what you have, regardless of how big or small that may be.

2. All aspects of estate planning can be covered with a simple will.

This is a BIG mistake. When the truth is known, a will may actually be the least beneficial instrument of all estate planning documents. For wills to become effective, they have to be probated in court which can take years and tens of thousands of dollars in legal fees and costs.

3. The use of a living trust gives me less control of my assets.

Just the opposite is true. If you don’t have a trust and then die or become incapacitated, your assets and affairs will be placed under the public control of a judge for the conservatorship or probating of your estate. With a properly structured and funded trust, you have the right to do anything and everything you want to do with your assets while you’re living.

4. Any attorney can draft an estate plan or trust, so I just need to find one who will do it for the cheapest price.

The difference between a custom estate plan from an attorney who specializes in that field and one who does not is tremendous. It’s similar to the difference between using a specialist or a general practitioner for brain surgery.

Let me demystify the estate planning process for you!

Email: [email protected]
Phone: (805)773-0233
Webpage: https://collinscoastlaw.com

09/04/2023

Great News! The CA Court of Appeal issued a ruling August 18th upholding the California Coastal Commission's previous decision to deny the McCarthy's a permit to relocate our Ontario Ridge Trail! The McCarthy's sued the Coastal Commission after our last Coastal Commission victory in 2021. Read all about it here:

The property owners have been trying for years to relocate a portion of the Ontario Ridge Trail.

02/23/2023

TOP 10 MISCONCEPTIONS ABOUT ESTATE PLANNING

10. I don’t need a will if I have a small estate. Only people with lots of money need estate planning to protect their assets.

In California, anyone with more than $50,000.00 in real property or more than $150,000.00 in total assets can achieve multiple benefits financially and otherwise for themselves and their family through one form or another of professional estate planning. What matters is what you do with what you have, regardless of how big or small that may be.

9. Tax savings and probate avoidance are the only reasons to do estate planning.

Wrong. Actually, when true estate planning is understood, the financial benefits it produces are the least important.

8. Estate planning is a morbid and depressing process. Just like buying life insurance, if I plan for death it must be imminent.

Nothing in life is certain. Except that at some point in time we will all pass away and the majority of us may lose capacity in our own lifetimes. Having planned in advance we can only help our loved ones help us best in our time of need. Without a good plan in place they will be forced to go through the court system at an already difficult time.

7. Estate planning is just for the elderly or people diagnosed with a terminal illness.

Not so. Did you read the paper this morning? Every day people die who are young, healthy, or both. Most of them probably had this same misconception. As a result, they have left their loved ones with emotional and financial chaos that could have been avoided or at least tempered had their estate planning been in order.

6. All aspects of estate planning can be covered with a simple will.

This is a Big mistake. When the truth is known, a will may actually be the least beneficial instrument of all estate planning documents. For wills to become effective, they have to be probated in court which can take years and tens of thousands of dollars in legal fees and costs.

5. The use of a living trust gives me less control of my assets.

Just the opposite is true. If you don’t have a trust and then die or become incapacitated, your assets and affairs will be placed under the public control of a judge for the conservatorship or probating of your estate. With a properly structured and funded trust, you have the right to do anything and everything you want to do with your assets while you’re living.

4. I don’t need an estate plan because I hold all my assets jointly with another.

In fact, this is one of the worst ways to plan your estate. The asset may be exposed to estate and gift taxes; it does not avoid probate, but delays it until the last owner’s death; it may cause estate, gift and capital gains taxes; it is subject to the creditors of all owners; and it will result in the transfer of the property to the joint owner when one owner dies, even if that was not intended.

3. Any attorney can draft an estate plan or trust, so I just need to find one who will do it for the cheapest price.

The difference between a custom estate plan from an attorney who specializes in that field and one who does not is tremendous. It’s similar to the difference between using a specialist or a general practitioner for brain surgery.

2. I can do my own estate plan.

Estate planning is more than just creating documents. It is understanding the big picture and how the legal documents will work in concert with the assets at the time they are needed.

And, the number 1 reason to avoid / delay proper estate planning -

1. After I’m dead and gone, what happens to my estate is no longer my responsibility.

If you go out for the evening, away for a weekend, or on a two-week vacation, you generally leave instructions and guidance for the people you love. It’s simply part of responsible living. Such a need is even greater when you take a trip from which you are never going to return. Your family needs your love and direction even more than ever.

Let me help you plan! Please contact my office to set up a phone consultation: Phone: (805) 773-0233
Website: https://collinscoastlaw.com/
Email: [email protected]

10/31/2022

It's Halloweeen, a good time to share a scary cautionary tale concerning the need to be conscious of the legal ramifications when entering into a second marriage - and to protect yourself by doing end-of-life planning with the help of an attorney. Dear Abby's advice is right on! Let me help you protect yourself with a well-thought out estate plan! Call my office to set up an appointment at (805)773-0233. https://collinscoastlaw.com/

06/23/2022

TUNE IN TO THE DAVE CONGALTON RADIO SHOW TODAY at 4PM, on KVEC 920 AM radio!! I’ll be taking the mystery out of the estate planning process by explaining your options in terms you can grasp. Tune in and call in with your questions and comments: Caller-line: 805-543-8830 or Toll-free Caller-line: 800-549-5832. http://www.920kvec.com/on_air/davecongalton.php

While most people agree that it’s a good idea to create a Will or Trust (or both), according to AARP, 60% of people in the US do not have a one.

AT ITS CORE, ESTATE PLANNING IS ABOUT TAKING THE TIME TO PUT IN WRITING YOUR GOALS AND WISHES FOR YOUR LOVED ONES.

In my experience, a lot of folks hesitate to begin the estate planning process because the “legalese” – the terms used in this process – seem like a foreign language. How are they going to be able to make important decisions when they “don’t speak the language”?
Empowering people with the knowledge they need to make important decisions is one of my specialties.
Taking the time to learn about your options and putting together a viable estate plan is a great gift to those you love and care about. It is also a great gift to yourself in the event of incapacity.
Tune in to Dave’s show at 4PM today! And call in with your questions!
I will explain the difference between a Will and a Trust, in words you can understand. Then you are empowered to make the choices that work for you.
Phone: (805)773-0233
Email: [email protected]
Website: https://collinscoastlaw.com/

06/20/2022

TUNE IN TO THE DAVE CONGALTON RADIO SHOW THURSDAY at 4PM, on KVEC 920 AM radio!! I’ll be taking the mystery out of the estate planning process by explaining your options in terms you can grasp. Tune in and call in with your questions and comments: Caller-line: 805-543-8830 or Toll-free Caller-line: 800-549-5832. http://www.920kvec.com/on_air/davecongalton.php

While most people agree that it’s a good idea to create a Will or Trust (or both), according to AARP, 60% of people in the US do not have a one.
In my experience, a lot of folks hesitate to begin the estate planning process because the “legalese” – the terms used in this process – seem like a foreign language. How are they going to be able to make important decisions when they “don’t speak the language”?
Empowering people with the knowledge they need to make important decisions is one of my specialties.
Tune in to Dave's show on Thursday! And call in with your questions!
I will explain the difference between a Will and a Trust, in words you can understand. Then you are empowered to make the choices that work for you.
Phone: (805)773-0233
Email: [email protected]
Website: https://collinscoastlaw.com/

06/15/2022

Let me demystify the process for creating a Will or a Trust.

While most people agree that it’s a good idea to create a Will or Trust (or both), according to AARP, 60% of people in the US do not have a one.

In my experience, a lot of folks hesitate to begin the estate planning process because the “legalese” – the terms used in this process – seem like a foreign language. How are they going to be able to make important decisions when they “don’t speak the language”?

I enjoy taking the mystery out of this process by explaining your options in terms you can grasp. This allows you to make informed decisions. Empowering people with the knowledge they need to make important decisions is one of my specialties.

Call, or email me to learn about your primary estate planning options, and the pros and cons of each. I can discuss the legal documents that create a comprehensive estate plan – including Powers of Attorney – for finances and for health.

I can explain the difference between a Will and a Trust, in words you can understand. Then you are empowered to make the choices that work for you.
Phone: (805)773-0233
Email: [email protected]
Website: https://collinscoastlaw.com/

11/04/2021

We are trying to raise $8,000 to help pay the legal expenses incurred by Christopher Lambert, creator of the "Your Own Backyard" podcast, the 10-part series about missing Cal Poly student Kristin Smart.

Attorney Robert Sanger, representing Paul Flores, targeted Chris last August in a serious First Amendment challenge at the pre-trial hearing last August. Thankfully, Chris was able to retain skilled attorneys who won the day in court.

But attorneys don't work for free. Chris has been reluctant to ask for help, but $8,000 is a lot of money. Can you help?

Donate.

Share.

Believe.

Many thanks in advance.

https://www.gofundme.com/f/chris-lambert-defense-fund
I'm grateful that Dave Congalton created this GoFundMe for Chris Lambert.

Those of us who have followed the tragic story of missing Cal Poly student Kristin Smart kn… Dave Congalton needs your support for Chris Lambert Defense Fund

08/10/2021

Brittany Spear’s Conservatorship nightmare made headlines recently. Did you know that having a Revocable Trust can help you avoid a conservatorship being imposed on you? And, a Trust allows YOU to pick the people YOU trust to manage your affairs in the event you are no longer capable of doing so. Here's the podcast link to Dave Congalton’s Hometown Radio Show that featured our discussion of this important issue: https://www.920kvec.com/episode/hometown-radio-07-28-21-4p-attorney-tarren-collins-explains-wills-trusts-and-conservatorships-in-light-of-the-brittany-spears-court-battle/
In the United States, all adults are considered capable of handling their own affairs unless a Judge determines otherwise. In California, this legal arrangement is called a conservatorship.
Conservatorships are established for impaired adults, most often older people.
Adults who are concerned about possible future mental and physical incapacity decide to establish a trust, in part so they can avoid having a court appoint a conservator over them and their financial affairs.
They choose an individual or an institution to make decisions for them if they become impaired (their successor Trustee). These are private arrangements and must be made while the person has full mental capacity.
Why is a Trust preferable to doing nothing? Because you can spell out in your trust what will happen if you begin to become incapacitated. You can require that 2 physicians must determine that you are, indeed, incapable of handling your own affairs. This saves you from the costs and embarrassment of conservatorship court proceedings.
And in your Trust, YOU determine the people, who you trust to handle your affairs, by choosing your successor Trustees. A smooth transition of the management of your affairs can occur because your assets and debts will be managed by the successor Trustees you select.
Your Trust can also assure that if you’re incapacitated, you are properly provided for in accordance with a standard of care designated in your Trust. You can also dictate in your Trust whether you will remain in your home if financially feasible – rather than having a Conservator make this decision.
Most people do not make these arrangements probably because it is difficult to think about becoming incapacitated mentally or physically. But it happens, especially to people over 75 years of age.
I can help you create a trust to protect you in the event of incapacity. For more information on this topic, tune into the podcast of for Dave Congalton’s Hometown Radio Show on July 28, 2021.
https://collinscoastlaw.com/
Law Office of Tarren Collins
PO Box 3063
Shell Beach, CA 93448
(805)773-0233

Hometown Radio 07/28/21 4p: Attorney Tarren Collins explains Wills, Trusts, and Conservatorships in light of the Brittany Spears court battle

07/28/2021

I’ll be on the Dave Congalton Show today at 4PM, talking about how to avoid the Brittney Spears’ Conservatorship nightmare. TUNE IN TO THE DAVE CONGALTON RADIO SHOW TODAY at 4PM, on KVEC 920 AM radio to learn more! https://www.920kvec.com/show/dave-congalton-hometown-radio/?futurishared=3095&station=KVECAM

Tune in and call in with your questions and comments: Caller-line: 805-543-8830 or Toll-free Caller-line: 800-549-5832.

Learn how creating a Trust allows YOU to pick the people YOU trust to manage your affairs in the event you are no longer capable of doing so.

Most people do not make these arrangements probably because it is difficult to think about becoming incapacitated mentally or physically. But it happens, especially to people over 75 years of age. These are private arrangements and must be made while you have full mental capacity.

I can help you create a trust to protect you in the event of incapacity. Tune into Dave Congalton’s Hometown Radio Show TODAY to learn more about this process.

https://collinscoastlaw.com/

Law Office of Tarren Collins
PO Box 3063
Shell Beach, CA 93448
(805)773-0233
[email protected]

3p-7p Monday - Friday

07/26/2021

Brittany Spear’s Conservatorship has made headlines recently. Did you know that having a Revocable Trust can help you avoid a conservatorship being imposed on you? And, a Trust allows YOU to pick the people YOU trust to manage your affairs in the event you are no longer capable of doing so. TUNE IN TO THE DAVE CONGALTON RADIO SHOW THIS WEDNESDAY at 4PM, on KVEC 920 AM radio to learn more! https://www.920kvec.com/show/dave-congalton-hometown-radio/?futurishared=3095&station=KVECAM
Tune in and call in with your questions and comments: Caller-line: 805-543-8830 or Toll-free Caller-line: 800-549-5832.
In the United States, all adults are considered capable of handling their own affairs unless a Judge determines otherwise. In California, this legal arrangement is called a conservatorship.
Conservatorships are established for impaired adults, most often older people.
Adults who are concerned about possible future mental and physical incapacity decide to establish a trust, in part so they can avoid having a court appoint a conservator over them and their financial affairs.
They choose an individual or an institution to make decisions for them if they become impaired. These are private arrangements and must be made while the person has full mental capacity.
Why is a Trust preferable to doing nothing? Because you can spell out in your trust what will happen if you begin to become incapacitated. You can require that 2 physicians must determine that you are, indeed, incapable of handling your own affairs. This saves you from the costs and embarrassment of conservatorship court proceedings.
And in your Trust, YOU determine the people, who you trust to handle your affairs, by choosing your successor Trustees. A smooth transition of the management of your affairs can occur because your assets and debts will be managed by the successor Trustees you select.
Your Trust also can assure that if you’re incapacitated, you are properly provided for in accordance with a standard of care designated in your Trust. You can also dictate in your Trust whether you will remain in your home if financially feasible – rather than having a Conservator make this decision.
Most people do not make these arrangements probably because it is difficult to think about becoming incapacitated mentally or physically. But it happens, especially to people over 75 years of age.
I can help you create a trust to protect you in the event of incapacity. Tune into Dave Congalton’s Hometown Radio Show this Wednesday to learn more about this process.
https://collinscoastlaw.com/
Law Office of Tarren Collins
PO Box 3063
Shell Beach, CA 93448
(805)773-0233

3p-7p Monday - Friday