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Barbara Bender

Barbara Bender

Baydaline & Jacobsen LLP
895 University Ave
Sacramento, CA 95825

Phone: (916) 669-3500  |  Fax: (916) 669-3501
http://www.bayjaclaw.com

Contact Barbara Bender

Wills, Trusts, Probate & Trust Litigation & Resolution

Legal Topic

Wills, Trusts & Estates

Preferred New Clients

I prefer to assist clients desiring to create an estate plan and clients struggling to resolve probate or trust issues.

Sub-Categories

Taxes
  • Estate Taxes & Gift Taxes
  • Power of Attorney
  • Tax Planning
Estate Planning
  • Charitable Giving
  • Charitable Trusts
  • Drafting Trusts
  • Drafting Wills
  • Estate Administration
  • Estate Planning
  • Living Trusts
  • Living Wills
  • Probate
  • Guardianship
  • Power of Attorney
  • Special Needs Trust
  • Revocable Trust & Irrevocable Trust

Bar Admissions

CA, Dec 1991
Bar Number: 155112

Other Court Admissions

Superior Court of California, U.S. District Court, Eastern District.

Association Memberships

California State Bar, Sacramento County Bar Association, State Bar Trusts and Estates Section.

Continuing Education

I am a frequent presenter for CEB continuing education courses sponsored by the California State Bar Association. I also attend continuing legal education seminars in Estate Planning, Probate and Trust areas.

Example Cases

In two different Elder Abuse litigation matters, I recovered substantial assets from third parties for elder clients.

I represented numerous beneficiaries and trustees in litigation arising from trust administration issues, obtaining return of trust monies and accountability from trustees.

I have also successfully defended fiduciaries (trustees) from accusations of breach of their fiduciary duty in administration of trusts.

Education

Degree:

Juris Doctor

School:

Lincoln Law School of Sacramento

City:

Sacramento

State:

CA

Year:

1991

Honors:

Am Jur UCC 1991

Focus and Accomplishments:

Honorable Mention, Moot Court Written Brief 1990

Number of Attorneys

6

State Licensed In

California and Nevada

Firm Focus and History

I was hired by Berding & Weil LLP's Sacramento office in 1997. Baydaline & Jacobsen was initially established as Stein & Baydaline and evolved from the Sacramento Berding & Weil office in 2001. From 1997 to the present I have headed the estate planning division committed to serve the needs of clients. Other practice areas in the firm include Community Association Law, Real Estate Law and Development and Civil Litigation.

My practice focuses entirely on Estate Planning, including pre and post death wealth transfers, tax planning, probate and trust administration and the resolution of litigation that can arise in these areas. I also handle Special Needs Trust creation and administration, as a part of personal estate planning and court creation arising from litigation involving disabled persons. I also assist clients in guardianship, conservatorship, and litigation regarding elder abuse.

Previous Employment Summary

I worked as a secretary and paralegal for over 20 years. After law school graduation in 1991, I was hired as an associate attorney in the Estate and Tax Planning Department of Greive, Clifford, Diepenbrock and Paras for 2 years, and worked as a solo practitioner until I was hired at Stein & Baydaline in 1997. I became an Estate Planning partner with Stein & Baydaline (now Baydaline & Jacobsen, LLP) in 2004.

Activities and Awards

• Adjunct Law School Professor.
• Singer Law School, Rocklin (became Justice School of Law).
• Lorenzo Patino School of Law, teaching Wills, Trusts, and Federal Estate Tax.
• Taught Probate Administration as a paralegal course for MTI Institute, Sacramento for 2 years.
• Sat as Judge Pro Tem for probate and conservatorship calendars, Placer County Superior Court 2006.
• Received American Jurisprudence Award, UCC, Lincoln Law School 1991.

What is your opinion regarding clients educating themselves on legal issues?

I believe that it is imperative that clients educate themselves on legal issues so that they fully understand the risks and benefits of pursuing courses of action. Clients must be educated in order to make informed decisions relating to their legal matters.

Are you willing to review documents prepared by clients?

It is my preference to supply clients with documents prepared in my office. However, I will review documents prepared by the clients.

Are you willing to coach clients who want to represent themselves?

I find it difficult to "coach" a client without taking on the full legal responsibility owed to a client by their attorney. I have found only rare instances where this type of situation works well for both the client and the attorney.

Why did you decide to be a lawyer?

I actually attended law school as a means to allow my husband to retire from a 35 year career. I began my legal career working as legal support staff for 8 years at the Sacramento District Attorney's office. I later worked for civil attorneys as support staff for 20 years before entering law school. Working in various law offices gave me the incentive to become a lawyer.

What work experience and education helps you be a better lawyer?

The practical experience gained by working in various law offices for over 20 years gave me invaluable tools in communicating with clients. I find that my experience teaching at both the paralegal and law school levels helps in educating clients as to their legal rights and application of the law to their situation. Upon becoming a licensed attorney in 1991, I find I am able to draw on my past experiences to educate clients and seek informed resolution of their legal issues.

Why did you decide on your primary area of practice?

Upon leaving the Sacramento County District Attorney office in 1970, I began working for a civil attorney, and then was hired by a very prominent probate attorney who was a great teacher. I soon found myself assisting clients with the everyday issues of estate planning and probate faced by literally every family. I found the work extremely rewarding, with clients grateful for the solutions attained for them.

What do you like best about your career?

The very best thing about my estate planning is educating the client, and giving them peace of mind by resolving the issues they face.

Tell us about your law firm:

While I am a partner in a 6 attorney firm, I am the sole estate planning, probate and trust attorney, and I meet personally with all my clients. I have two associate attorneys who will work on my client projects, are very detailed oriented and have strong litigation skills. In addition, I have a secretary who keeps me on track and is wonderful with my clients.

What are your strengths and style?

I have the ability to put my clients at ease while educating them. I have been told that I have a no nonsense approach to my client's legal issues, and am able to see a clear path to resolution of their legal issues. Part of the process of educating clients is to insure that they do not harbor unrealistic expectations, whether we are aggressively litigating an issue, or resolving it through mediation.

Personal Interests:

My husband and I have been breeding, exhibiting, and judging purebred dogs on a national and international level for many years with a relatively high degree of success.

I dabble in watercolor and pen and ink art work which I share with the dog fancy. I am an avid reader, and very much enjoy the company of my three teenage grandchildren.

Fax

(916) 669-3501

Office Hours

Monday through Friday
8:30 a.m. to 5:00 p.m.

Emergency After Hours

No

Fixed-Price Services and Fees

I can usually quote a fixed fee of $1,800 to $3,500 for a comprehensive estate plan for clients, depending on the time I anticipate spending on the client's project. When litigation counsel retains me to create and obtain court approval of a special needs trust for the benefit of a disabled party, I can often quote a fixed fee ranging from $5,000 to $7,500. The remainder of my fees would be based on an hourly rate with the exception of probate administration which is set by state law.

Hourly Rates

I bill $300 per hour. My associate attorneys are billed at lesser rates ($185 to $225 per hour).

Free Initial Consultation?

Usually an initial consultation is an hour, and not charged if the client retains me for further work.

Typical Retainer

Retainers depend upon the type of case I will be working on for the client.

Understanding Fees

Nolo's Licensing Check

Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.

Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.