Clearing
the Path
for Security.

Because your estate involves more than money.

Your Estate Plan - A Home for Your Heart

Welcome to my law practice. I hope that this website will provide you with useful information about estate planning, and introduce you to my services. Please let me know if you would like more information about how I may be able to assist you.

My law practice is client centered at its core. Estate planning can involve many different areas of the law, and each person or family will have unique situations which are best addressed through an individualized approach to developing the plan. Together we will review all of the issues that should be considered, to ensure that your plan is comprehensive and will stand the test of time. We will consider issues such as taxes, family business concerns; planning issues caused by remarriage, by dependent adult children or grandchildren; preparing for the possibility of incapacity; and much more. I’m confident that your experience working with me will provide you with great peace of mind.

“Jan’s approach is confident and intelligent with a compassionate understanding of people and their complexities.”

W.H. - Nevada

I will make sure that the most sophisticated legal tools are offered to you for your consideration as they are appropriate to further your values and intent. My primary focus is to further each client’s philosophy and long term intent for their own care and the care of their dependent loved ones while they are living, and to fulfill their legacy when they are gone. Commonly, estate planning attorneys focus primarily on tax issues. I too will point them out to you for full consideration, but will always consider them in the big picture of your life concerns and the people who are close to you.

Jan Cummins

Counselor and Attorney at Law

CERTIFIED SPECIALIST, ESTATE PLANNING, TRUST AND PROBATE LAW, STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION

220 STATE ST. SUITE E
LOS ALTOS, CA 94022

650-935-2201

Our Services

Answers at a Glance

Why do I need an Estate Plan?

Even if you have no property to speak of, you need to have documents that give someone else the power to handle your finances and/or make health care decisions for you if you are incapacitated mentally or physically.

What is a Will?

A document by which a person directs his or her estate to be distributed upon death.

What is a Trust?

A trust is a legal document that allows the parties involved to conduct legal transactions independent of the supervision of a court of law.

What is the difference between a Revocable Trust and an Irrevocable Trust?

A Revocable Trust can be revoked by the person who created it (the “settlor”) during the settlor’s lifetime. An Irrevocable Trust cannot be amended or revoked by anyone, including the settlor, independent of court action.

What is the difference between a General Power of Attorney, a Special Power of Attorney, and a Durable Power of Attorney?

A Durable Power of Attorney remains valid during incapacity. A General Power of Attorney is not valid in case of incapacity. A Special Power of Attorney is limited in some specific way.

Why do I need an attorney-created Health Care Directive when I can get one from the hospital for free?

The Health Care Directive (“HCD”) form available in many Senior Centers and at most hospitals refers primarily to your medical care in the hospital.

What is Elder Law?

Elder Law is Estate Planning Law as it specifically applies to people over 65.

What is Special Needs Law?

Special Needs Law is the law surrounding the rights and concerns of people who are disabled or otherwise eligible for government benefits due to their particular physical or mental limitations.

Who needs a Special Needs Trust?

A Special Needs Trust can be set up for an individual who is not currently receiving government benefits, but who might need them in the future.

How is legal ownership of property established?

Some forms of title will keep the property out of the jurisdiction of the court, as the property passes from one owner to another immediately at the moment of death.

Who needs a Marital Agreement and why?

If there is a significant difference in the level of wealth or responsibilities between the two who are marrying, or if both parties have children from former marriages, a freely entered legal contract clarifying their respective financial commitments can be important.

What homework should I do prior to meeting an estate planning attorney to develop my estate plan?

It’s helpful to bring notes about your assets and to whom you'd like to leave those assets. Any related documents should be brought to your first meeting.

When does a person need an Estate Plan?

Everyone should create an estate plan on their 18th birthday, or very soon thereafter.

What is included in a typical Estate Plan?

A typical Estate Plan includes a Will, a Revocable Trust, a Durable Power of Attorney for Property Management (“DPA”) and an Advance Health Care Directive (“HCD”).