California Estate Planning & Trust Attorneys
Temmerman, Cilley & Kohlmann, LLP
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2502 Stevens Creek Blvd. San Jose, California 95128 USA |
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(408) 512-2991
www.tcklawfirm.com/
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Law Firm Overview
At Temmerman, Cilley & Kohlmann, our staff of highly qualified attorneys specializes in providing comprehensive estate and incapacity planning services to clients throughout the Silicon Valley.
Whether you need legal assistance in the preparation of an estate plan, or representation in a contentious trust and estate dispute, our team of highly experienced professionals can help. Our attorneys stay abreast of the latest developments in relevant case law, and many are Specialists in Estate Planning, Trust and Probate Law, as certified by the California Board of Legal Specialization.
In addition, members of the firm are regularly honored by prominent legal publications such as Super Lawyers magazine, a listing of the top attorneys in each state. In recognition of their work, Robert E. Temmerman, Jr., James P. Cilley, and Patrick A. Kohlmann have all been named AV Preeminent by Martindale-Hubbell, indicating the highest levels of professionalism and ethical standards, and Mr. Temmerman and Mr. Kohlmann were named Fellows of the American College of Trust and Estate Counsel (ACTEC), a nonprofit organization comprised of the nation's premier trust and estate counselors.
Practice Areas
Practice Areas Description
- Estate PlanningThe San Jose estate planning lawyers at the California law firm of Temmerman, Cilley & Kohlmann, LLP provide the full breadth of estate planning services for clients in Silicon Valley and Santa Clara, San Mateo, Alameda, Santa Cruz, Monterey, and San Francsico counties. The estate planning process begins with a comprehensive consultation with clients on a wide variety of topics. This is an interactive process where our San Jose estate planning lawyer listens to our clients as well as provide them with our counsel.
- Probate Administration
Probate refers to the process where a court oversees the administration of a deceased person's estate. The purpose of probate administration is to ensure that any final bills and expenses of the decedent are paid, including any taxes owed, and any remaining assets are distributed to the beneficiaries named in the decedent's will. If the decedent died without a will, or "intestate," the decedent's estate will be distributed to the decedent's heirs as defined under California's laws governing intestate succession.
- Trust
In an estate or trust dispute, the rights to receive significant amounts of property can be at stake. If you are involved in an estate or trust dispute, a qualified trust attorney in San Jose can ensure your interests are fully represented. At Temmerman, Cilley & Kohlmann, our trust attorneys in San Jose are not only well-versed in the laws governing estates and trusts in California, they are also experienced litigators who know the special issues presented in trust litigation and how to aggressively advocate for their clients.
- Guardianships
The best way to plan for incapacity and secure the well-being of minor children is through a comprehensive estate plan. If, however, you have a loved one who has become incapacitated and has not executed a durable power of attorney and advance healthcare directive, options still remain. At Temmerman, Cilley & Kohlmann, our conservatorship and guardianship lawyers in San Jose can help provide for the care of an incapacitated adult or minor child thorough a conservatorship or guardianship.
- Mediation & Arbitration
Temmerman, Cilley & Kohlmann, LLP offers a wide variety of services related to all forms of alternative dispute resolution, including mediation, arbitration, judge pro tem, and serving as a court appointed referee. Alternative Dispute Resolution services are available to parties who have been unable to resolve trusts and estates related disputes. Resolution assistance is usually available at any stage of a dispute, including prior to the initiation of litigation. An out-of-court resolution is generally a cost effective route for resolving a dispute.
- Estate & Gift Tax Returns
Unlike many other trust and estate attorneys, who refer preparation of tax returns to outside accountants, Temmerman, Cilley & Kohlmann, LLP prepares estate and gift tax returns for our clients. Our team attorneys includes dual-licensed, attorney-certified public accountants, and is distinctly qualified to analyze the application of estate and gift tax laws to unique and complicated estates, such as an estate containing business interests or numerous parcels of real estate. Our attorneys have experience working directly with appraisers on the most complicated of valuation issues to ensure the values of each asset and liability are accurately reported.
- Beneficiary Representation
Our services include protecting both the value and interest of a beneficiary in an estate, as well as monitoring the fiduciary's administration of the estate. In addition, we will pursue financial elder abuse actions against persons who have, through wrongful means, acquired an interest in an elder's estate to the detriment of the intended beneficiaries. Our more notable cases include pursuing a breach of trust actions against a trustee who squandered over 20% of a multi-million dollar trust in high risk investment schemes which drastically decreased each beneficiary's expected inheritance.
- Expert Witness
Selecting and engaging the right expert is an integral part of preparing for mediation or trial. The partners at Temmerman, Cilley & Kohlmann, LLP have served as expert witnesses on a wide range of legal issues supported by current and relevant case law, statutes and secondary resources.
- Property Tax Issues
Property taxes should be carefully considered in every estate planning, trust administration, or business planning engagement involving real property. In California, annual property taxes are calculated as a percentage of a real property's assessed value. Absent a "change in ownership," Assessors may increase a real property's assessed value by only 2% each year. This is favorable to property owners because, historically, real property values have increased more than 2% per year.
- Prenuptial & Postnuptial Agreements
As a special service to our estate planning clients, the attorneys at Temmerman, Cilley & Kohlmann, LLP offer to prepare prenuptial and postnuptial agreements. Some clients who have gone through a divorce or whose spouse has died, particularly when the client has children by the first marriage, wish to keep their property entirely separate from their new spouse when they remarry, often because they wish to pass that property to their children and not to their new spouse in the event of their death. In other cases, a client has accumulated a substantial amount of wealth before marriage and may want to ensure that in the event of the client's death some or all of this wealth will stay within the client's birth family line, or is distributed to a charity that is important to the client, rather than being shared with a new spouse.
Attorneys
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Mr. James P. Cilley
Attorney Estate Planning |
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Mr. Patrick A. Kohlmann
Attorney Estate Planning |
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Mr. Robert Temmerman, Jr.
Attorney Estate Planning |
More Information on Temmerman, Cilley & Kohlmann, LLP
Estate Planning Attorneys in San Jose, CaliforniaSan Jose, California Probate Administration Lawyers
Trust Law Firm in San Jose, California
San Jose, California Guardianship Lawyers
Mediation Attorneys in San Jose, CA
San Jose, CA Estate Tax Return Law Firm
Beneficiary Representation Lawyers in San Jose, CA
San Jose, CA Prenuptial Agreement Attorneys
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