Mitchell Law Firm

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415-769-3400

Toll Free: 877-637-1045

CALIFORNIA'S TOP
MEDICAL MALPRACTICE LAWYER

$5.5 MillionSettlement for failure to diagnose and treat kernicterus resulting in severe brain damage of child
$5.5 MillionSettlement for failure to diagnose acute blood loss after cancer surgery resulting in brain damage to physician
$7 MillionPlus Settlement: Negligent performance of intubation post-operatively, resulting in severe brain damage to minor child.
$10.8 MillionConfidential settlement for an adult who suffered catastrophic injury from a stroke
$22 MillionRobyn Frankel vs. Palo Alto Medical Foundation GroupJury verdict for paralysis caused to patient after an unnecessary procedure.
$4.25 MillionSettlement for failure to quickly respond to a minor plaintiff’s hyperthermia after surgery resulting in catastrophic injuries including brain damage
$4 MillionSettlement for failure to diagnose fetal distress resulting in minor plaintiff suffering from severe static encephalopathy

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Estate Planning

Our attorney Yong Li, MD, JD provides comprehensive counsel to individuals who want to put a plan in place for the distribution of assets upon their death. He is experienced in LGBT estate planning and in Islamic wills and trusts. He helps you determine the best approach, and prepare all the legal documents necessary to put your plan into place.

Q: Why can I just write a simple will? 

Ans:

In California, after someone passes away, the default legal procedure is to go through a process called “Probate”, even with a valid will in place. This process is both time consuming and money consuming.

The legal fee to go through this process is written in California law. The amount of fee is 4% percent of the first $100,000 of the estate, 3% percent of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000. By simple calculation, the fee is roughly $23,000 for the first 1 Million dollars you own at the time of your death.

The calculation will be based on the “fair market value” of your assets. If you own a $1 Million house and you only put $250,000 equity into it (down payment and later monthly payments), the probate fee will be calculated based on $1 Million, not $250,000. Even technically the $750,000 is borrowed from the bank.

There are ways to avoid this lengthy and expensive process. Our attorney can prepare trust documents for you to totally avoid this “probate” procedure.

Q: Why do I need estate planning? I just need a trust.

Ans:

It is like clockwork.

Imagine a scenario that you go into a computer store. All you need are a monitor and keyboard/mouse. So why do you need hard drives, memories, motherboard, CPU, power supply, video card, network card, etc.? Because without a video card, you can’t make the monitor display anything. Without the motherboard, your keyboard and mouse can’t translate your keystrokes and clicks. Without a network card, you can’t log-on to the internet and check your emails.

Our attorney Yong Li can assemble a comprehensive package to make sure the smooth transition of the estate after your loved ones pass away.

Q: I have a child who receives government benefit. Can you help us with that?

Ans:

We can utilize Special Needs Trust in this scenario. It is a very complicated area of law but we can certainly help you in drafting documents in this scenario.

Q: I heard about A/B trust. Do we need one?

Ans:

Most of the time, married couple don’t need A/B trust. However, under certain circumstances, A/B trust can make sure your estate goes to the people you designate after you pass away and an A/B trust might be beneficial. It depends on what your future plan is.

Q: I am afraid my children will go to foster care immediately after we pass away in a car accident. How could you help us in this regard?

Q: How about reassessment of my house after I set up a trust? Will my property tax increase because of that?

Q: We are both H-1b visa holders with two minor children and I just heard about $60,000 “death tax exemption”. How does my legal status affect my estate planning process?

Q: I intend to purchase other houses in the future. How do I transfer these houses into my trust in the future?

Q: Will your trust prevent me from being sued in the future?

Q: Do I need to pay tax for my trust?

Q: Do I need a family trust, a husband’s trust, a wife’s trust, a childrens trust, a grandchildren’s trust, a great-grandchildren’s trust all at the same time?

If you have similar questions like above, please give us a call at (415) 691-2016 or please email Yong@Mitchelllawsf.com

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"In over 25 years of practice on the defense side of malpractice cases, Jeff Mitchell is the attorney I fear most. He takes very good cases. Jeff has the medicine and the applicable literature down cold. He is without a doubt the best cross-examiner I have ever seen. I have paid his clients a lot of money over the years."
- John M.
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