Certificates Of Independent Review
When you leave assets to someone who has helped you (such as a caregiver), the law can presume that they had undue influence over that decision. The person presumed to have unduly influenced you is known as a “prohibited transferee.” Sometimes litigators may try to treat your own child as a de facto prohibited transferee (even though the law doesn’t necessarily see it that way) if the child assists you regularly. A Certificate of Independent Review can help deter such litigators from challenging your trust.
Gadi Zohar, Esq. can help ensure your instructions are carried out by offering Certificates of Independent Review, which can deter litigation and reinforce the validity of your living trust.
How These Certificates Work
Generally, after you create a living trust, an independent attorney will review the trust document. The attorney will then meet with you (outside the presence of the prohibited transferee) to ensure that the trust document reflects your free will. If the reviewing attorney is satisfied that the trust reflects your true wishes, the attorney creates a Certificate of Independent Review. The certificate effectively rebuts the presumption that you were unduly influenced to leave your property to a prohibited transferee.
In cases where you are leaving money to a caregiver or you are writing a child out of your estate, a Certificate of Independent Review can mean the difference between a smooth trust administration and costly litigation.
Get Your Peace Of Mind Today
Gadi offers Certificates of Independent Review for affordable, flat rates. For additional travel costs, he will even meet you at home if traveling is difficult.
A little extra cost today can save your loved ones from a lot of costly litigation later. Call today at 650-449-6671 or send me an email to get started.