“The concept of estate planning has the appeal of going to the dentist. It’s important but admittedly unpleasant,” said Maria Jonsson, a family trust attorney.
For more than a dozen years, Jonsson has used her expertise as both an attorney and a paralegal to help clients address the decidedly uncomfortable issue and prepare them for it financially.
Deciding how to distribute assets or choose a successor are a few of the many tough choices Jonsson helps her clients make.
From pre-death planning to post-death administration, she offers a wide range of services designed to make a difficult time less painful for surviving family members.
“My unique experience both as a paralegal and as an attorney has allowed me to see the complete picture,” Jonsson said, an experience that includes navigating probate court politics, dealing with the IRS and much more.
She uses her rare perspective and expertise in both family trust and tax law to guide clients through options like trust administrations and nuptial agreements, which can prevent grieving relatives from becoming a feuding family and stop disputes before they end up in court.
With so much to consider, planning for the end goes far beyond drafting a will.
“People go through the draining experience of a probate or the contested trust administration of a relative only to develop great appreciation for the benefits of a comprehensive estate plan,” she said. “One thing is clear: doing nothing ensures that the estate will be dragged through probate court. So what to do? A trust, or just a will?”
According to Jonsson, a will alone isn’t enough to avoid probate, a court proceeding that settles a decedent’s financial and legal affairs.
“One common misconception is that having a will takes care of the matter,” Jonsson said. “Although a will does name someone in charge of the estate and provides directions on post-death division of assets, it does not escape probate.”
Probate accomplishes the exact same goal as a trust administration does, Jonsson explained, only at a very high price.
“Unless the gross value of assets is below $150,000 or assets are held jointly, the will lands in probate court,” Jonsson said. “And so begins the dreaded, expensive, seemingly endless court process.”
Lasting anywhere from eight months to several years, probate results in numerous expensive court fees, which are based on the estate’s value and are determined by the California legislature.
Additionally, any assets associated with the estate become public record and are given to creditors.
Trust administrations, on the other hand, cost far less, conclude quicker and remain private, but they are still no guarantee for those looking to avoid an arduous court process.
“I have conducted numerous probates and trust litigation matters, in the process of which all the flaws of an imperfect estate planning are revealed.” Jonsson said. “I have seen many a trust land in probate court due to ambiguities, missing essential provisions or deadlock between co-trustees.”
One reason is that people forget to actually fund the trust, she said.
“A trust alone is like getting on a tour bus with an empty suitcase,” Jonsson said.
With so many factors to consider and so much at stake, Jonsson offers free initial consultations to determine what a client’s needs may be.
She also works on a flat fee basis.
“It removes the anxiety of getting random bills for every phone call or e-mail exchange,” Jonsson said. “It allows me to spend as much time as is needed to ensure my clients understand the documents they sign, and how the trust affects each and every asset they own.”
Catering to clients with children, unpredictable schedules or a lack of mobility, Jonsson is available to meet them in their homes, even on weekends.
To learn more about Maria Jonsson’s services, call or text (310) 802-9961, or e-mail her at mariajonsson282624@gmail.com.
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