Frequently Asked Questions (FAQs)
Your most common questions, answered with clarity and care.
About Cookman Law & Our Team
Discover who we are and how to
work with us.
While Ellen oversees every estate plan and signs off on every document, we work as a team to support you every step of the way. You’ll be working with:
- One of our attorneys, Hannah MacLeod or Amiee Lee, who are available for consultations, follow-up questions, and ongoing communication.
- One of our drafting paralegals, Megan Orsini, Catarine Datora, or Roby Anne Albarracin, who help prepare and review your documents.
- And, of course, Ellen Cookman, who provides legal oversight and helps guide key decisions.
We believe in teamwork, and at least three sets of eyes review every document before it goes out the door.
Yes. While we don’t offer free consultations, we do apply a flat fee model for most services. After your initial meeting, we’ll provide a clear, all-inclusive flat fee for your estate plan or trust administration needs.
Once we agree on the scope of work, we collect the full flat fee upfront. Payment is held in our IOLTA trust account (monitored by the California State Bar) until your draft documents are ready for review. We accept both checks and credit cards.
– Estate Planning: Typically completed within 2 months, depending on how quickly decisions are made.
– Trust Administration: Often takes 4–6 months, depending on complexity.
– Conservatorships (when referred out): Time varies depending on the court.
No, we do not act as trustee or executor. However, we regularly advise trustees and executors, especially during trust administration after a death. If needed, we can introduce you to banks or private professional fiduciaries who can serve in these roles.
Absolutely. We welcome collaboration with your existing team and are happy to include your professionals in meetings or decision-making as you prefer.
No, we don’t assist with benefit applications. However, we can refer you to experienced professionals who specialize in this area.
Trust Types and Planning Tools
Find answers to your questions about the different types of trusts that may be right for you.
A Revocable Living Trust is the cornerstone of most California estate plans. It:
- Avoids probate
- Can be changed during your lifetime
- Lets you manage your own assets while you’re alive and well
- Allows a successor trustee to step in if you become incapacitated
It’s also simple: no separate tax ID is needed, and no additional tax filings are required while you’re living.
An SNT is an irrevocable trust created for a person with a disability who receives (or may receive) needs-based public benefits like SSI or Medi-Cal. A properly structured SNT:
- Preserves benefit eligibility
- Allows funds to be used for quality-of-life expenses
- Can be created while the parent is alive or at death
We also help families set up “seed trusts” (funded with a small amount like $10) so they’re ready to receive funds later.
An SNT is likely appropriate if your child:
- Receives needs-based benefits (SSI, Medi-Cal)
- May need help managing money in the future
- Could inherit from you or another loved one
We’ll talk through your child’s specific needs during our planning process and advise you as to your options.
A Dynasty Trust (also known as a Lifetime Trust or Generation-Skipping Trust) is a protective irrevocable trust created for a loved one, often after your death. It offers:
- Divorce protection (trust assets aren’t part of the beneficiary’s marital estate)
- Creditor protection (especially if a third party is trustee)
- Estate tax protection for future generations
Special Needs Planning & Public Benefits
Because we’re one of the few firms in California that specialize in special needs planning, we often get questions. Here are the answers you’re looking for!
About half of our estate planning clients are families with a loved one who has special needs.
Yes, but the inheritance must be carefully structured. Inheriting money outright can disqualify someone from SSI or Medi-Cal. A First-Party SNT can be used to hold the inheritance and preserve benefits. We can help navigate this process.
Contact us immediately, before spending or transferring funds. We may be able to:
- Set up a First-Party SNT
- Avoid disqualification from benefits
We also offer resources for families navigating this situation.
Process & Planning Timeline
You may be wondering: once you start the process, what will it involve?
1. You will talk with a member of our Intake Team to gather information and determine if we’re a good fit for your situation (if not, we are happy to refer you to someone who can help you).
2. Initial Consult with Ellen, Amiee, or Hannah to better understand your goals and quote a flat fee.
3. Sign the engagement letter and submit the fee.
4. Document Drafting is done by our team
5. Review Materials sent to you (including flowcharts and walkthrough videos)
6. Follow-Up Meeting to clarify decisions
7. Final Signing via Remote Online Notarization or in-person
Not directly. We no longer file conservatorship petitions, but we’re happy to refer you to trusted attorneys who specialize in this area.