Estate Planning

Most of our clients are couples or families who have realized they need to plan for the future to be sure a spouse and children are cared for, and mature couples with significant assets who want to plan to reduce or avoid estate taxes. We also handle post-death trust administration, and probate estates if there is no trust. Some clients need only a health care directive or financial power of attorney, or need a review and update of existing estate plans, including trust amendments and will changes.

CA, Nov 1979
Bar Number: 87695

All California Courts, California Court of Appeals, and United States District Court, Northern District of California.

California State Bar, Estate Planning and Bankruptcy Sections; Alameda County Bar Association; National Association of Consumer Bankruptcy Attorneys; and AARP Legal Services Network.

I meet the continuing education requirements mainly by attending seminars, doing self study, and attending online classes. I typically do far more study than the rules require.

We created a comprehensive trust plan for an entrepreneur who died leaving millions to his spouse and children, and saved the family $750,000 in estate taxes that went to the spouse and children rather than the IRS.

We probated the estate of a man who died in 1985 with no will or trust, leaving heirs in several states, some living in his house. 20 years after he died the heirs wanted to sell his residence and discovered they did not own it yet because there had been no probate. The executor lived in another state and contacted us to handle the probate. We oversaw repairs to the property that greatly increased the value, arranged sale of the property, successfully negotiated with the county over property tax increases, sued a buyer who reneged on a purchase agreement, and finally were able to distribute substantial money to the heirs.

2

California

We probate the estates of persons who pass without a trust, or administer the estates of persons who have a trust. The other primary focus is estate planning. We meet extensively with our clients to determine what their specific needs are. Once we know the clients' situation and desires we evaluate what options will achieve their goals and prepare an estate plan that suits those needs. The goal is to give the client confidence that they have prudently planned for the future. We serve people from San Jose to Santa Rosa and all points between from our Oakland location.

My wife Marlene Fong and I have worked together as attorneys since 1985. We formed our own firm in Oakland/Alameda in 1998 as an estate planning practice, helping clients plan for their futures and avoid problems with inheritances and taxes.

By choice, my career as a lawyer has always been with small firms, first in Oakland from 1979 to 1985 involving people injured by dangerous products, then from 1985 to 1998 representing home owners saddled with leaking and poorly built homes, forcing the builders to make repairs. Starting in 1998 Marlene and I have worked together in our own practice, Scholtes and Fong, planning wills and trusts for families and individuals, then guiding the process of distribution after a death.

Domestic Violence Clinic volunteer, Alameda County Superior Court; Guardianship Clinic volunteer, Alameda County Superior Court; counseling seniors and disabled persons at Legal Assistance for Seniors on health care insurance and Medicare issues; fundraising for Leukemia and Lymphoma Society.

My law partner Marlene Fong works on our cases together with me.

(510) 466-6365

Our formal office hours are 9:00 a.m. to 6:00 p.m. We are available evenings and weekends and work at least one weekend day most weeks.

Yes

We have Cantonese and Mandarin speakers available on request.

Our flat rate for preparing a trust package with the entire accessory documents including power of attorney, health care directive, pourover will, and others, is $1500. We offer payment plans, installment plans, and give a substantial discount to AARP members and clients who come to us through NOLO. Trust amendments are normally done on an hourly basis, with a not-to-exceed agreement in advance. Probate fees are set by statute and approved by the court, and vary in each case depending on the value of the estate assets.

$250.

We have a free online evaluation and do a 30-minute phone or email consult for no charge, usually to discuss the results of the online questionnaire.

For trusts we normally take a 50% down payment when hired. In other kinds of cases we may require a retainer if litigation is likely or where the project is open-ended and not suitable for a flat-rate fee arrangement. If court filing fees are needed we require the client to pay those up front.