Estate Planning/Trust Administration/Business and Real Estate Paralegal

Position Summary:

Responsible for daily activities of Estate Planning and Trust Administration OR Business and Real Estate and attorney support, handling client meetings/telephone inquiries, preparing all documentation to support clients and trustees in administering trusts and estates, review and update master documents as needed, research legal issues.

In this role the Paralegal will work 3 days in office and 2 days from home.

Estate Planning Responsibilities:

• Use software to update client information on the database and conflict check against the entire client database
• Draft estate planning documents using WealthCounsel. Make corrections/changes to the documents as instructed by the attorney and client
• Prepare wills, powers of attorney, and related documents
• Prepare deeds and related documents for the transfer of assets/entities
• Research real property to confirm title
• Respond to client inquiries about drafts and other EP or TA matters
• Merge, format, and mail drafts of estate planning documents to clients
• Take lead responsibility for signing meetings, ensuring all documents are properly signed, notarized, and scanned into the client file
• Participate in weekly estate planning and staff meetings
• Correspond with clients to answer client questions and concerns
• While this position is primarily estate planning, on occasion, assist with trust administration
  • Management of trust administration, probate, and non-probate transfer matters from initial engagement to completion
  • Draft petitions, pleadings, IRS 706 forms, court forms, legal documents, and correspondence
  • Communicate with our clients, trustees, beneficiaries, and court contacts
  • Prepare and serve required government notices and forms
  • Maintain electronic files and records
  • Prepare asset allocations, inventories, and accountings

Trust Administration Responsibilities:

• Analyze trust provisions following initial Trust Administration consultation and initiate preparation of “Trust Administration Attorney Summary” for completion by Lead Attorney’s review.

• Prepare and send Welcome Email to Trustee to develop relationship

• Preparation of Letter of Instruction to Trustee RE: Trust Administration Process.

• Preparation of TA Merge file, which includes preparation of the following documents:

• Authorization to Release Information.

• Certification of Trust.

• Notification by Trustee pursuant to PC 16061.7/15800 and cover letters to persons entitled to notice.

• Notice to the Director of Healthcare Services.

• Notice to Franchise Tax Board.

• Notice to Credit Bureaus.

• Instruction Letter to Superior Court (Lodging of decedent’s original Last Will).

• Real Property Transfer Work (Per Property):

• Affidavit – Death of Trustee.

• Grant Deed.

• Applicable Assessor forms: COS, PCOR, applicable Proposition forms; Homeowner’s Exemption.

• Prepare calculations related to Proposition 19 for analysis by Lead Attorney.

• Work closely with bridge loan officers to ensure that proper documentation is prepared and timely filed, as needed

• Small Estates Affidavit pursuant to PC 13100.

• Communicate with Trustees telephonically, electronically and in-person.

• Meet with Trustees for necessary signing appointments.

• Communicate with outside professionals and agencies (i.e., Attorneys, Appraisers, Tax Preparers, Assessors, Recorders, financial and real estate Brokers and Escrow officers etc.).

• Run Estate Valuation Pricing (EVP) to document adjusted cost basis of securities, as necessary.

• Obtain title reports and vesting deeds, when needed.

• Preparation of date of death value Inventory and Appraisements and Allocation of Assets pursuant to the terms of the Trust.

• Prepare documents required to establish sub-trusts (i.e., Certifications of Trust, SS-4 Forms to obtain Taxpayer ID Numbers, and Acceptance/Appointment of Trustee)

• Preparation of trust distribution summaries, waivers, and receipts etc.

• Preparation of Federal Estate Tax returns (Form 706), 709 returns, and Accountings.

• Probate support, as needed.

• Assemble Trust Administration Legacy Binder with all documentation related to the TA and preparation of Closing Letter for Lead Attorney’s approval.

• Assist Attorney with Trust Petitions, which includes:

• Initial drafting, editing, and formatting.

• Drafting of required Court documents (i.e., Case coversheets and Notice of Hearing).

• Communicating with Trustee, beneficiaries, heirs, and entities.

• Drafting of waivers and consents.

• Electronic and hardcopy filing of petitions.

• Reviewing Probate Notes and communicating with Probate Attorney.

• Drafting and filing of Supplements.

• Drafting formal Court Orders and Notice of Entry of Order.

• Obtaining certified Court Orders.

• Recording Orders with respective Counties, as needed.

Business and Real Estate Paralegal Responsibilities:

• Completion of Funding for client matters:
  
• Deeds with relevant County forms;
  
• Transfer letters;
  
• Calculation of recording fees;
  
• Affidavits of death with County forms;
  
• Assignments of Business Interest;
  
• Assignments of Deeds of Trust;
  
• Mailing and tracking of executed deeds to My Legal Depot.
  
• Preparation of Business Formation documents based on the written processes in place at CunninghamLegal, which includes the following:
  
• Operating Agreement;
  
• Operations Manual;
  
• Members Contribution Schedule;
  
• Membership Interest Certificates;
  
• Solvency Certificate;
  
• Subscription Agreement;
  
• Transfer Ledger;
  
• Consent to Action in Place of Organizational;
  
• List of Members and Membership Interests;
  
• Filing of Articles of Organization;
  
• Applying for EINs from the IRS;
  
• Handling designation of Registered Agent for Service of Process;
  
• Background or experience in Estate Planning is preferred and if not, training will be provided

Administrative Related Responsibilities:

• Continuing Legal Education, as required.

• Retain membership as a CA Notary Public (Attend required seminars and take required tests).

• Assess Trustee assets and Beneficiary’s inherited assets for potential referral to Ascent Wealth Management.

• File organization and maintenance.

• Scan various documents to client server file and make copies for files.

• Enter billable and nonbillable time in Abacus.

• Review monthly Prebills to ensure entries are clear and concise.

• Update on Lawcus all client information, file notes and important deadlines.

• Weekly staff meetings.

• Coordinating with support staff, as needed.

• Back-up phones for as needed.

• All other projects as assigned.

Required Skills:

Interpersonal skills including telephone and meeting etiquette; oral and written communication skills; comprehension of legal terminology; ability to issue spot complex issues; legal document drafting skills; strong attention to detail and organization; efficient in time management and administering and executing tasks; strong proofreading and grammatical skills; computer literacy, including, but not limited to Word and Excel; and, ability to maintain and handle sensitive and private client information.

Education/Training:

• High School Graduate

• Paralegal Certificate

Physical and Environmental Conditions:

• Requires time spent sitting (up to 70% of the workday).

• Some standing required and the ability to lift, carry and/or pull at least 15 pounds.

• Adverse movements required such as reaching overhead, bending, or crouching.

• Simultaneous/repetitive use of both hands is required for writing and typing.

• Excellent sensory skills are important (sight, hearing and speech).

Driving Requirement

Possess a valid CA Driver’s License with valid car insurance and be able to drive to other work locations or to notarize for Clients, if needed.