Below you'll find the essential list of services Romney Law Offices APC
offers our clients, followed by a brief explanation of these services. Please note, this list is not exclusive. If you have questions at any time about your situation and whether or not we can help you, please call 805-525-6631
or contact us online.
- Drafting and Updating Estate Plans
- Revocable and Irrevocable Trusts (Including Special Needs and Charitable Trusts)
- Wills and Trusts Health Care Directives
- Durable Power of Attorney
- Sweeper Provisions
- Prenuptial and Postnuptial Agreements
- Contracts for Unmarried People
- Family Law Considerations
- Business Succession Planning
- Vacation Home Planning
- Estate Administration
- Inheritance Challenges
- Undue Influence
- Breach of Fiduciary Duty
- Administration of Estate Plans
- Administration of Estates
Note to clients:
Confidential trust matters always are kept confidential. We understand that the drafting of estate documents to deal with family relations, special needs, and private financial matters, as well as the complications of estate administration arising from difficult asset allocation or personal family and tax issues, are not appropriate for discussion on a website. This is just one aspect of the way we work to earn and maintain your trust. That's why, in contrast to the other pages on this site, we do not provide representative case examples.
If you'd like to learn more about how we can help you and how we have helped past clients in wills, trusts, and estate planning, call 805-525-6631
or contact us online.
Our cases involve disputes over removing a trustee, challenging competence to execute a will, breach of fiduciary duty by trustees, the value of assets allocated to a particular beneficiary, the rights of a pretermitted heir, and interpretation of estate planning documents, among others.
Drafting and Updating Estate Plans

Minimizing state and federal estate, gift, income and capital gains taxes is the tail that wags the dog in estate planning.
You must take these considerations into account - but not at the expense of your primary legacy wishes.
- Legacy Wishes: Meaning to whom and under what conditions your property will be inherited by your heirs, loved ones and the objects of your philanthropic and charitable interests.
Both life and the law change over time, sometimes dramatically,
so it's important to make regular updates to your estate plan, not just at birth, death, or serious illness/injury. Legal changes can happen without much notice. If timely action is taken by using the tools discussed below regarding legacy wishes and special needs, the adverse impacts of these changes may be minimized, if not avoided entirely.
Ultimately, estate planning tools are effective when used to minimize state and federal estate, gift, income and capital gains taxes, as well as to carry out your primary legacy wishes to protect your heirs and loved ones.
Revocable and Irrevocable Trusts (Including Special Needs and Charitable Trusts)

In general, these allow you to (1) protect assets from taxes, probate and sometimes even litigation and (2) ensure your assets pass according to your wishes (without general public disclosure) and to generate income.
- Charitable Remainder Annuity Trust: The CRAT provides for an annual distribution to you or to designated family members while you are still living. Upon death, the remaining assets are distributed to the beneficiary charity. When structured properly, there may be no income, gift, or estate taxes.
- Charitable Lead Annuity Trust: The CLAT is primarily used to reduce the taxable income of an estate. The trust donates to a charitable foundation or other qualifying charity for a fixed period at an amount that will offset the estate tax burden. The remainder transfers to your heirs on your death. When set up properly, there may be no capital gains taxes or estate taxes.
Under these plans, an irrevocable trust is created for a certain term or time period. The individual establishing the trust pays a tax when the trust is established. Assets are placed under the trust and then an annuity is paid out every year. When the trust expires the beneficiary receives the assets tax free. With these plans, the annuity payments come from interest earned on the assets underlying the trust or as a percentage of the total value of the assets. However, if the individual who establishes the trust dies before the trust expires, the assets become part of the taxable estate of the individual, and the beneficiary receives nothing, unless your plan for your taxable estate makes a separate provision for such an occurrence.
Wills and Trusts

Wills state who will inherit your estate upon your death can provide for a guardian of your minor children and will assure oversight by a probate judge along with the attendant public disclosure, expense and time that it takes for such legal procedures to be implemented.
At Romney Law Offices APC, we have learned from three decades of experience that money and property can either be managed - or it will manage you. In other words, a good outcome often depends on thoughtful estate planning and, when necessary, strategic litigation.
Our focus:
- Drafting and updating estate plans
- Legacy wishes and special needs
- Inheritance challenges
- Breach of trustee duty
- Undue influence
Being proactive truly matters when it comes to staying ahead of serious problems in trusts, estate planning, and probate litigation.
Learn more about the various estate planning tools and how they can be used to help you.
Learn more about the various estate planning tools and how they can be used to help you.
Health Care Directives
Durable Power of Attorney
Sweeper Provisions
Sweeps property intended to be placed in trust into the trust by expressly contemplating that a "Heggstadt motion" may be brought to authorize the transfer to the trust if such property is left out of trust inadvertently.
Family Law Considerations
May require drafting prenuptial, post-nuptial agreements and affidavits or contracts for unmarried partners.
Business Succession Planning
Buy-sell agreements, family limited partnerships, limited liability companies (LLC), and Subchapter S corporations.
Vacation Home Planning
Vacation home planning often becomes difficult when the original owners - all of whom get along - die. Thereafter the operation and funding of the vacation home may become problematic without planning. And the "problematic" issues become ever more prominent with the coming of each new generation. A family limited partnership or a trust may be the answer.
Estate Administration
Romney Law Offices serves as counsel to advise and implement the administration of an estate plan and, also, for intestate estates (meaning an estate administered in accordance with state law because there is no will or trust). The services include assuring proper accounting to the court and the estate, assuring valuation of the estate for tax purposes, and its distribution after notice to creditors and others entitled to statutory notice.
Inheritance Challenges
Inheritance challenges range from questioning the mental capacity and competence of the person who wrote the will or trust, challenging that "undue influence" has illegally and adversely affected the judgment exercised by the person who wrote the will or trust or a challenge that a "fiduciary duty" owed by virtue of the terms of a will or trust or the applicable law to those instruments has occurred - to a myriad of other issues including claims of pretermission of an heir (meaning improper omission as a subject of inheritance) and alleged improper valuation of the estate that is the subject of the will or trust.
Such challenges have become almost common place since the legal force and effect of "no contest" clauses steadily has been eroded due to new case law and statutory amendment. Romney Law Offices serves as trial counsel for both petitioners (meaning plaintiffs) and respondents (meaning defendants) when facts supporting or claimed to support these challenges exist.
Undue Influence
Is an equitable cause of action brought before the court when a person is taking advantage of a position of power over another person. This inequity in power between the parties can nullify the party's consent subject to the "undue influence," as they are unable to freely exercise their independent will. Romney Law Offices serves as trial counsel when this circumstance arises and requires court action as the remedy.