Performance Profile
Trusts & Estates Paralegal (Junior Level)
San Mateo, California
We are a small, well-established trusts & estates law firm in San Mateo, California and we are expanding our paralegal team due to increased business. We seek an individual with a multi-faceted skill set and a passion for problem solving to serve as our Junior Trusts & Estates Paralegal. (This is a full-time, non-exempt position.) We will offer the successful candidate a highly competitive salary, a comprehensive plan of benefits, and a very cordial work environment. The medical benefits we will provide to the successful candidate include major medical insurance, vision & dental reimbursement benefits, and disability income insurance. Other benefits that we will provide include retirement plan benefits, paid holidays, vacation, sick leave, and personal time off hours (including an extra holiday for one’s birthday), paid and covered parking, and a flexible work schedule. Additional benefits—specifically tailored to the successful candidate’s unique circumstances—may also be offered to the successful candidate.
Position Summary
The Junior Trusts & Estates Paralegal will serve a very important role as a member of our paralegal team because his or her primary responsibility will be to assist fellow administrative and professional staff, including our Senior Trusts & Estates Paralegal (to whom the successful candidate will report), with the following tasks:
1. PREPARATION OF THE DOCUMENTS TO COMPRISE THE CLIENT’S ESTATE PLAN. Use the Firm’s online library of templates and notes of the client’s estate planning objectives to draft and prepare all of the documents to comprise the client’s estate plan;
2. IMPLEMENTATION OF THE CLIENT’S ESTATE PLAN. Initiate and monitor the implementation of the client’s estate plan; and
3. ESTATE & TRUST ADMINISTRATION UPON THE CLIENT’S INCAPACITY OR DEATH. Complete the tasks involved in the administration of the client’s estate or trust upon incapacity or death.
Our clients are often clients for years and the Firm’s future growth depends on our continued ability to provide these clients with comprehensive, legally-sound, and affordable estate planning, estate administration, and trust administration services. The work we do for our clients requires an exquisite attention to the legal and administrative details of the tasks that must be completed on behalf of our clients. Therefore, the primary criterion by which the successful candidate’s success in this vital position will be measured is his or her ability to effectively and efficiently implement and administer the client’s estate plan, which can span years, even after the client’s death. In the effort to achieve the client’s estate planning objectives, the successful candidate must work closely and productively with our Senior Trusts & Estates Paralegal and other support staff as well as with the client, the financial institutions, and the government agencies affecting the client and the client’s property.
Performance Objectives: The “Specifics”
A. PREPARATION OF THE DOCUMENTS TO COMPRISE THE CLIENT’S ESTATE PLAN. Within three (3) months from date you are hired, you will be able to comfortably and accurately complete all of the following tasks:
1. OBTAINING NECESSARY INFORMATION FROM THE CLIENT. Through personal and written communications with the client and your fellow staff members, you will obtain the information that comprises the client’s estate planning objectives, the client’s family and personal circumstances, and the client’s assets, liabilities, and other required financial information.
2. DRAFTING NECESSARY DOCUMENTS FOR THE CLIENT. With the client’s estate planning objectives and the Firm’s online library of highly formatted MICROSOFT WORD 2007 templates, , you will prepare and finalize comprehensive first drafts of the following documents within one week of our initial meeting with a new or existing client:
a. DRAFTING OF CLIENT’S ESTATE PLANNING DOCUMENTS:
i. Revocable Living Trust document (if a Trust is to be the centerpiece of the estate plan);
ii. “Pour Over” Will (again, if a Trust is to be the centerpiece of the estate plan);
iii. Comprehensive Will & Testament (if a Will is to be the centerpiece of the estate plan);
iv. Durable Power of Attorney for Property Management & Personal Affairs (customized to include specific references to the client’s pertinent assets and circumstances);
v. Specific Power of Attorney for Management of Specific Property (if needed);
vi. Advance Health Care Directive (which includes a HIPAA Release and, as decided by the client, End-of-Life wishes);
vii. (For married clients) a Marital Property Agreement that clearly describes property comprising the couple’s community property or a spouse’s separate property, or property whose character is part—community property, part—separate property (as determined by the clients);
b. DRAFTING OF DOCUMENTS TO IMPLEMENT THE CLIENT’S ESTATE PLAN:
i. Trust Transfer Deeds related to the client’s real property (along with pertinent County Assessor Forms) by which legal title to the client’s real property is conveyed to the client’s trust or in some other manner that achieves the client’s goals;
ii. Certification of Trust by Trustee (and a redacted copy of governing trust document to be presented to Financial Institutions and other Third Parties);
iii. Letters of Direction to Financial Institutions directing the change of registration to the client’s financial accounts; and
iv. Revised Beneficiary Designations to the client’s insurance and retirement assets, such revisions being made in accordance with the client’s wishes and IRS laws and regulations.
B. IMPLEMENTATION OF THE CLIENT’S ESTATE PLAN. Within three (3) months from date you are hired, you will comfortably, effectively, and in a timely manner complete all of the tasks that are involved in the implementation of a client’s estate plan once the client has executed the documents that comprise his or her estate plan. Such tasks may include the following:
1. Initiate contact and work closely with the Firm’s couriers, County Recorder, and County Assessor offices to ensure that the legal title to the client’s real property has been changed as intended by the client; and
2. Initiate contact and work closely with financial institution personnel wherein are held the client’s financial assets with the goal of completing all institution-specific forms and documents that are necessary to re-register client’s accounts in the name of the Trust and/or to replace obsolete beneficiary designations affecting retirement or insurance assets with revised designations.
C. ESTATE & TRUST ADMINISTRATION. Immediately upon the date you are hired, you will have the ability to initiate, and assist in the completion of all of the tasks associated with the following engagements:
1. PROBATE/ESTATE ADMINISTRATION, including, but not limited to, the following tasks:
a. From discussions with the client and effective use of our online legal research software (LexisNexis), you will discover all personal and financial information regarding the Decedent (e.g., location of the Decedent’s original will, obtain all asset and liability information, access and inventory of safe deposit boxes, etc.);
b. Prepare preliminary valuation of estate assets using online valuation software and compile a list of liabilities as of the date of the Decedent’s death;
c. Prepare and file all necessary court documents and public notices with the court to commence administration;
d. Using the IRS’s online interactive program, obtain a taxpayer identification number (TIN) for estate and file pertinent forms with the IRS (e.g., IRS Form 56);
e. Assist the Personal Representative with the establishment of bank and/or brokerage accounts in the name of the Personal Representative;
f. Communicate with Decedent’s accountant to obtain financial information on closely-held corporations, partnerships and sole proprietorships; accurately review and study of such financial information;
g. Initiate contact with qualified appraisers for appraisals of estate property and oversee, coordinate, and file such appraisals with the court (Inventory & Appraisal);
h. Prepare and file interim court pleadings such as petitions for partial distributions or petitions to confirm sale of real property;
i. Maintain and monitor all of the estate’s records, including receipts, disbursements, income, and preliminary distributions to beneficiaries;
j. Prepare formal fiduciary accounting of estate assets and report of personal representative using the Firm’s spreadsheet (Excel 2007) and database (Access 2007) software programs;
k. Draft and file all papers and pleadings necessary to close the estate; and
l. Assist in the distribution of estate assets to beneficiaries.
2. TRUST ADMINISTRATION UPON THE DEATH OR INCAPACITY OF THE TRUST’S OWNER, including, but not limited to, the following tasks:
a. From discussions with the client and effective use of our online legal research software (LexisNexis), you will discover all personal and financial information regarding the Decedent (e.g., location of the Decedent’s original will, obtain all asset and liability information, access and inventory of safe deposit boxes, etc.);
b. Calendar all deadline dates for trust administration, distributions to beneficiaries, and tax returns;
c. Prepare for recordation Affidavits By Successor Trustee and pertinent County Assessor forms (if real property is involved); using the Firm’s online library of templates;
d. Using the IRS’s online interactive program, obtain a taxpayer identification number (TIN) for the trust and file pertinent forms with the IRS (e.g., IRS Form 56);
e. Prepare an inventory of trust assets by:
i. Consultation with the trust’s accountants;
ii. Review of the Decedent’s tax returns and his or her trust’s prior tax returns; and
iii. Review of any schedules of trust assets, bank and brokerage statements, and safe deposit boxes, etc.;
f. Confirm that all applicable assets are held in the Decedent’s trust; if assets are discovered outside of his or her trust, prepare and transmit all necessary documents to transfer such assets to the Decedent’s trust; follow up to confirm that such asset transfers have been completed;
g. Prepare preliminary valuation of trust assets using online valuation software and compile a list of liabilities as of the date of the Decedent Trustor’s death;
h. Assist the Successor Trustee with the establishment or re—registration of trust bank and/or brokerage accounts in name of the Successor Trustee;
i. Establish and maintain an accounting system to monitor and track trust receipts, disbursements, income, and distributions to beneficiaries;
j. Prepare a formal fiduciary accounting of trust assets and Report of Trustee using the Firm’s spreadsheet (EXCEL 2007) and database (ACCESS 2007) software programs;
k. Prepare documents related to the purchase and sale of trust assets during the course of administration;
l. Using the Firm’s highly formatted and formula—rich spreadsheet (EXCEL 2007) software program, calculate the values of the various distributions of trust assets to or for the benefit of trust beneficiaries, as required under the trust’s governing terms and California law, and using such calculations, draft conveyance documents to subtrusts or arrange for asset transfers outright to trust beneficiaries; and
m. Upon trust termination, prepare a final fiduciary accounting, a schedule of proposed distribution of assets, and all necessary documents to transfer assets; follow up to confirm that such asset transfers have been completed.
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This position is open and available immediately.
NOTE: This is the Performance Profile for a Junior (level) Trusts & Estates Paralegal. You should already have a paralegal certificate (or would qualify as a bona fide Paralegal under California’s Business & Professions Code). Moreover, as you can see from reviewing the tasks of this position, you must have substantial and successful experience handling Estate Planning, Trust, and Probate matters using the most up-to-date legal research (LEXISNEXIS) and document generation software (MICROSOFT’S OFFICE 2007 SUITE OF PROGRAMS, including WORD 2007, EXCEL 2007, and OUTLOOK 2007).
If you have a juris doctor (JD), if you are a licensed attorney, or if you are a certified paralegal without substantial experience in Estate Planning, Trust, and Probate matters, please understand that we may not call you for an interview, despite your qualifications. We are seeking an individual whose goal is to obtain a permanent position as a Trusts & Estates Paralegal.
If you are interested in applying for this position, we respectfully request you send us the following information:
(1) A COVER LETTER in which you specifically outline how your abilities and experience match those of this position;
(2) Your CURRENT RÉSUMÉ; and
(3) Your SALARY REQUIREMENTS.
We will respond to all qualified applicants as soon as possible. Please attach the above described documents (as either PDF files OR Microsoft Word documents) to an email message sent to the reply email with craigslist. Thank you for your interest in the position.
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