“The quality of our lives depends not on whether or not we have conflicts, but on how we respond to them.” ~Tom Crum

In many instances, we have helped to prevent protracted and expensive litigation before it might have started. We are adept at both informal and formal mediation and alternate forms of dispute resolution.

Diplomacy is our preferred approach to problem solving. Yet when diplomacy might fail, we are not averse to litigation as a last resort to dispute resolution.

Indeed, we have successfully represented trustees whose actions have been challenged in court and trust beneficiaries whose rights have been abridged whether it is in matters involving the validity of a contested trust, accountings by a trustee, or surcharge for and against a trustee for alleged breach of trust.

We have also successfully represented heirs in will contests ranging from the modest of estates to multi-million dollar estates.

And, we have represented conservators and conservatees in contested conservatorship proceedings in the context of a contested appointment, a contested accounting, financial elder abuse and improperly managed and/or misappropriated assets and/or income.

“You can be young without money but you can’t be old without it.” ~Tennessee Williams

We take pride and great satisfaction in protecting and preserving a client’s assets and income.

We have extensive experience and expertise in all aspects of asset protection, including the protection of assets for a minor, a spendthrift, a disabled person on SSI, SSDI, Medi-Cal and/or Medicaid and a person who has long-term care needs occasioned by an accident, an incapacitating illness and that is otherwise uncovered by other health insurance.

For younger families, we can help you plan for the future care of your children in the event of an untimely death, or assist you with the legal problems brought about by an incapacitated, disabled or deceased parent or grandparent whose estate plan was ignored, nonexistent or improperly set up.

For those of pre-retirement age, we can give you the peace of mind afforded by properly putting your affairs in order for you and your family, planning for possible business succession, retirement or addressing the needs of a vulnerable or disabled parent or other close relative who has suffered a debilitating illness.

Those of our clientele past retirement age often need to revise or update an already existent estate plan to properly plan for that stage of life.

We have extensive experience with the following entities and agencies when needed:

• The Superior Court:

• To obtain needed asset and income protection orders in the context of a married spouse in long-term care

• To institute protective proceedings for an incapacitated adult who is in need of the court’s protection via a conservatorship

• To establish a guardianship for a minor who is the recipient of property

• The Department of Social Services (DSS) in all counties of the state of California for initial Medi-Cal eligibility and continuing Medi-Cal eligibility compliance

• The Social Security Administration for SSI eligibility and continuing eligibility compliance

• Long-term care insurance providers

• Adult Protective Services

• Long-Term Care Ombudsman’s Office

• The Public Guardian’s Office

“Without legal representation, the inexperienced trustee, executor or other fiduciary has likely put their foot upon the slippery slope of personal liability.” ~Anonymous

Even a flawlessly drafted last will or trust will fail in important respects if the person carrying out its terms is ill-informed, unguided, negligent or incompetent. Similarly, to the extent that an estate plan relies on properly drafted trust instruments to achieve its objectives, the well-informed and well-represented fiduciary is essential to the estate plan’s success.

We have successfully represented countless numbers of successor trustees, executors and administrators in probate, and the holders of a power of attorney. We can guide you through your responsibilities, help you understand the dimensions of your fiduciary duties as applicable to your role, and take care of the differing reporting, accounting and tax filing requirements applicable in different situations.

There are many benefits to working with an experienced lawyer in the discharge of ones trust or estate administration duties. These include:

• The fees for the retention of an attorney can generally be paid from the estate as long as the administration is a success and there is a benefit to the estate

• Clear and open communication with beneficiaries, courts, creditors, insurance companies, benefits administrators and others with a stake in the trust or estate

• Preparation of periodic reports, accountings and income, estate and gift tax returns

• Protection and preservation of the assets that make up the trust or estate

• Anticipation and avoidance of disputes between beneficiaries, executors, trustees and other interested persons and/or entities.

• Avoidance of liability for nonfeasance or malfeasance in a fiduciary capacity

Our firm has also worked with out-of-state trustees and estate administrators responsible for handling trusts or decedent’s estates in California. Additionally, we handle ancillary probate responsibilities for property owned in California by estates located elsewhere.

“Preparation for old age should begin not later than one’s teens. A life which is empty of purpose until 65 will not suddenly become filled on retirement.” ~Arthur E. Morgan

We have created and perfected estate plans for single adults and married adults of all ages and walks of life. We take great pride and pleasure in delivering an estate plan that is tailor made to protect a client’s pre and post retirement financial security, to protect a client’s personal autonomy while alive, and to protect and preserve their lasting legacy at death.

Many of our clients tell us that their first attorney-client relationship was with us. Whether you’re a young or retired middle-class family, a successful business owner, landowner, farmer or highly compensated professional, we are committed to excellence in the delivery of our estate planning services to you and your family.

Here is a sampling of our estate planning services:

• Review and revision of existing Estate Plans that may be out of date, out of legal compliance or require personal changes

• Standard Wills and revocable Living/Family trusts and durable powers of attorney for financial and health care matters

• More complex estate plans such as A/B trusts, Disclaimer trusts and generation-skipping trusts aimed at estate tax savings, generational planning and the blended family/second marriage dynamic

• Special Needs trusts to protect a disabled relative dependent on state and federal aid

• Special trusts and other asset protection strategies to protect and preserve the assets of a loved one already in or contemplating long-term care

• Medi-Cal (Caid) eligibility

• Irrevocable life insurance trusts

• Charitable Remainder trusts to realize tax benefits during life and support philanthropic objectives after death

• Qualified Personal Residence trusts to protect the value of homestead equity

• Estate, gift and income tax planning for businesses and for families

• Elder abuse detection and protection of dependent adults from financial abuse

• Business succession planning thru closely held corporations, LLC’s and the like

While most clients turn to us well in advance of need, we are also prepared to help in a crisis, whether it is an unfortunate and unexpected death, an incapacitating accident, or a terminal illness.

We have three highly qualified, experienced and certificated paralegals on our staff with a combined knowledge and experience base in excess of 35 years in the fields of trusts, estates, conservatorships and elder law.

From your very first contact with our office through the completion of your matter, you will find our staff to be kind, caring, compassionate and knowledgeable in all of the fields of law that we practice.

Matthew has a charming personality with an old soul. Individuals with special needs have a special place in Matthew’s heart, likely thanks to his family background. Matthew’s passion for the law, his client-centric legal service philosophy, and his steadfast advocacy for the rights of aged persons, the disabled and those with special needs, fits perfectly with the mission of Stephen K. Hall & Associates.

Matthew was born in Santa Cruz, California and raised in Woodland, a small town located about 30 miles north of Sacramento.

Matthew studied Business Administration & Marketing at Sacramento State University where he obtained his Bachelor’s of Science. He then obtained his juris doctorate from Santa Clara University School of Law in the Silicon Valley. Having lived on the Central Coast as a collegiate athlete in 2002–2004, it was an easy move from the Silicon Valley back to San Luis Obispo.

Matthew lives in San Luis Obispo with his wife, Stacey, and their dog, Lucy. He enjoys almost all sports and outdoor activities, reading, wine-tasting, playing cards, and new and classic movies.

One of the original founding members of the National Academy of Elder Law Attorneys and one of the select few lawyers across America who participated in giving name to the body of law now known as “Elder Law,” Stephen is a published writer, a frequent local and national lecturer as well as an instructor to non-attorneys and attorneys alike in the field of trusts and estates.

Stephen has nearly 25 years of experience as an estate planning, trust and elder law attorney over which time he has represented people from all walks of life—as well as fellow attorneys, and members of the judiciary; in trust, estate and elder law matters.

Stephen has a warm and open personality. Creative in thought, compassionate in approach and appropriately assertive when necessary, Stephen understands the often delicate and sensitive family dynamics occasioned by a loved-one’s failing health, a death in the family, money issues and intra-family rivalry.

Raised in San Luis Obispo, Stephen attended San Luis Obispo High School, where he was a California Scholastic Federation and Bank of America Scholar. Stephen’s post-high school education is a reflection of his insatiable intellectual curiosity.

Working as a professional musician, an English-French translator, a waiter, and a law clerk, Stephen put himself through school at the l’Universite de Bordeaux, France where he studied French Literature and Civil Law; California Polytechnic State University in San Luis Obispo where he studied Biochemistry, Ornamental Horticulture, Landscape Architecture and Political Science; and Tulane University School of Law in New Orleans, Louisiana where he fell in love with the field of trust and estates and was named by Tulane’s professors as one of ten Senior Fellows for his legal writing, analysis and research. After law school, Stephen attended McGeorge School of Law Business and Taxation LLM program to round-out his education before becoming a trust, estate and elder law attorney in San Luis Obispo.

Stephen currently serves on the Board of Directors for Transitions Mental Health Association, which is a nonprofit organization committed to reducing the stigma of mental illnesses, maximizing personal potential and providing innovative mental health services to individuals and families in need.

Stephen lives in Arroyo Grande with his wife, Lori Mainini Hall, and his teenage sons, Braeden and Karsten. When not at the office, Stephen can be found at home with his family, in his garden, cycling the back roads, or occasionally getting away to trek a wilderness stream fly fishing for that elusive monster rainbow trout.

Contact us to schedule a personal appointment with Stephen.