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Legal tips for 2000

Question

My wife, 2 children, and I live in the Almaden Valley. We were wondering what legal tips you might have as we approach the year 2000 and the dawn of another millennium.

Brad S.
Almaden Valley

Dear Brad:

That's a good question, Brad. I'm sure many of our friends here in the Almaden Valley are wondering the same thing. (And if they aren't, maybe they should be!)

It seems to me that it would be a good idea to draw up sort of a legal checklist for your household. On that checklist would be several items, perhaps some or even all of the following.

First, if you are a homeowner in the Almaden Valley, or virtually any other place in the state of California for that matter, I would certainly consider drawing up a living trust, pour-over will, and related documents in 2000, if you haven’t already. With real estate prices as high as they are, this step alone could save your estate thousands of dollars in needless probate expense.

Companion documents that accompany a living trust typically include a durable power of attorney for financial management and a durable power of attorney for health care. These documents can also save you considerable sums of money and substantially reduce the risk of stress.

You mentioned that you have two children, so a nomination of a guardian is essential for you and your wife. You don't want the state of California dictating your wishes (as much as I like the state of California.)

Secondly, I think I would try to resolve any pending claims that may be out there. This might be a good time to consider mediation for that nagging neighborhood dispute, boundary line argument, or financial dispute with that one particular person or company.

Thirdly, you might give some thought to see if all of your legal and financial papers are in good order. Maybe it's a mess, and this would be a good time to clean house and get things organized. Ask yourself whether things are in good shape if something would happen to you today. And be honest!

Fourthly, it would be a good idea as we move into 2000 to see if the key members of your team are in place and doing their job. It seems to me that it does take a team in this day and age to do things right. In addition to a family lawyer, which every family should have access to, you may well need a certified public accountant, independent certified financial planner, insurance representative, and a sound banking relationship. You will then have the key interrelated fields of law, tax, accounting, insurance, and banking covered.

And, finally, as we approach the holiday season, and for all of the rest of 2000 and the years following, don't drink and drive!