Certificates of Independent Review l Litigation Attorney l Wills & Trust

Probate Jul 14, 2022 NOELLE MINTO, ESQ.

Hello!

So let’s discuss litigation that we see here regularly in the office, involving the validity of gifts to caregivers under trusts. If I am a caregiver in California, and I receive a gift under the trust of the person that I provide caregiving services to, the law presumes that gift to be the product of my undue influence. Meaning, the law presumes it to be the product of my manipulation, or coercion, or threats. So how do I protect the validity of that gift?

The most common way to do that is through a document provided for under the Probate Code called a Certificate of Independent Review. So let’s switch gears, let’s assume I’m the person now that wants to create the trust, and I want to leave a gift to my caregiver. My estate planning attorney should recommend that I obtain a Certificate of Independent Review from an independent estate planning attorney.

My estate planning attorney will send me to this independent estate planning attorney, who will ask me a series of questions to determine, one, not only that I have the requisite testamentary capacity to create the trust, but also to determine that the gift to my caregiver is not the product of undue influence, but is truly my desire and intent. Once the independent estate planning attorney is satisfied that that’s the case, they’re going to create and executed a document called a Certificate of Independent Review.

Now, my caregiver is going to be able to use that document after my passing, to protect the validity of my gift to them, in the face of any challenges to that gift.

NOELLE MINTO, ESQ.

Ms. Minto has been a business and estates transactional attorney based in California since 2003. Her practice is now located in Tustin, CA but represents individuals and entities based throughout the United States and abroad. Phone: (949) 253-0000, Email: info@mintocounselors.com

Testimonials

NM Law is an excellent law firm to work with! Noelle and her team are very thorough and knowledgeable. They explained the estate planning process to us and kept us informed every step of the way. We…

Monique S
I greatly appreciate Noelle’s assistance in making difficult decisions. When she provides counsel I know she puts herself and her family in my shoes. I feel comfortable knowing my attorney has analyzed every angle and leaves out…

Cinda H.
For those of you that are looking for the perfect attorney to handle any of your estate issues, well Noelle is the one for you! I can’t say enough about Noelle! She recently handled a case for…

Suzie F.
One of the most important things you can do for your family is have a good Living Trust done by an attorney you can trust to take care of your business. I highly recommend Noelle Minto, an…

Sandy Z.
Working with Noelle on litigation and transactional matters was truly a valuable experience for me. Not only was she a great communicator with clients and personnel, but zealous and passionate about her clients. I would recommend her…

Darren S.
I’ve known Noelle as a colleague and friend for close to seven years. Working “across the aisle” in the fast-paced and partisan world of LA County politics, I found Noelle remarkable for her ability to quickly grasp…

Kerjon L.
Noelle and her team were professional, courteous and diligent with my case. It was a small matter but they took it as though it was a large one. They reached a settlement quickly and very little effort…

Doug S.
After my mother’s death, The bank locked all her accounts and the insurance company was playing games. Our family lawyer never call me back. I called Noelle for help! My paper work was not in order at…

Randy B.
Noelle is awesome. Handled everything I needed in a timely manner. Very professional!

Tammy W.
I have worked with Noelle on my Estate Planning and was very impressed by the way she handled my business. Noelle was extremely professional and available for all my questions. I would highly recommend anyone looking for…

Zac C.
I have worked with many attorneys, and there are very few that I would ever recommend. Noelle and her team have gone above and beyond to help all of our clients that we have referred to her….

Robert Sousa
I was first referred to Noelle Minto by my family law attorney Mike Monarch to provide oversight on my husband’s Trust conforming with our Post Marital Agreement. Her outstanding legal insights helped me to feel secure that…

Sharon McCubbin
Noelle and Samantha and their team are amazing. They are extremely knowledgeable and professional (they are the best). They have and continue to support me and my family while dealing with my parents Will and Trust. Samantha…

Greg Bishop
I had a great experience with Noelle and Samantha at NM Law. They were fast, clear and got the result we wanted under budget. I am very happy and impressed.

John Arens
NM Law is an exceptional place to work! Our office is located in the City of Tustin, off the 55 Freeway, between the 5 and 405 Freeways. Our main cross streets are Redhill Avenue and Edinger Avenue…

Samantha Smith
The N.W Law team in Tustin Ca was instrumental in achieving a just result in our family trust dispute. We had the privilege of being represented by Samantha Smith and her staff, during one of my saddest…

Herman baldonado
Amazing service. So happy with the whole team!

Mitchell Hilde
So glad to work with this team of professionals

Noelle Minto
As an attorney who has used two other wills & trusts lawyers prior to seeing Noelle, I have a pretty good idea of what to expect and what it should cost. I recommend Noelle to anyone who…

Lynne Boisineau
Highly recommend NM Law. I recently worked with Noelle and her team on my family trust and the process could not have gone smoother. Very knowledgeable and professional. I have since recommended all of my family members…

Nathan Perkins
A very professional approach and action to fulfill our personal requirements

Waldo ortega
My husband and I decided to update our 12 year old trust. We initally had a call with Noelle, and were instantly very comfortable with her approach. Noelle was great to work with, very patient, was willing…

Cheri Ondatje
Vey helpful with good insight to take the proper steps with difficult situations and have my questions answered. Noelle and her team are professional and courteous and great to work with!

Corine Cojocaru
Samantha and the team are professional compassionate and get the job done. She articulates very well what needs to be done. Her and the firm do Probate and Trust at its finest to protect their clients. She…

Silvana Sarkis
I was referred to NM Law after dealing with a myriad of problems in settling a complicated Trust in Riverside County. At the initial meeting, Noelle Minto and Samantha Smith listened to the mess I was in…

Aleathea Rayburn
Love this firm. I’ve worked on a wide range of legal issues with NM law, and the attorneys here are top notch, reasonably priced, and a pleasure to work with. They truly care about each of their…

Colette
Ms. Minto, I want to thank you and your staff for the courtesy extended to us during our family’s pending emergency deadline. Mr. O’Grady spoke to my brother and gave us his best recommendation regarding my father’s…

Abraham Torres

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N.M LAW, APC | Probate Attorneys

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Based on 11 reviews

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Corine Cojocaru

14:37 21 Feb 23

Vey helpful with good insight to take the proper steps with difficult situations and have my questions answered. Noelle and her team are professional and courteous and great to work with!

Silvana Sarkis

13:23 08 Jul 22

Samantha and the team are professional compassionate and get the job done. She articulates very well what needs to be done. Her and the firm do Probate and Trust at its finest to protect their clients. She is a valuable asset for me to source out to my clients as a strategic referral partner. Protecting family asset is essential and I recommend Samantha and her team for all your probate and trust needs.

Aleathea Rayburn

23:42 06 Jul 22

I was referred to NM Law after dealing with a myriad of problems in settling a complicated Trust in Riverside County. At the initial meeting, Noelle Minto and Samantha Smith listened to the mess I was in and answered the questions I had. They provided me with information regarding my duties as a Trustee, made me aware of important dates that were upcoming, important dates already missed, and devised a plan to settle the Trust while protecting me, personally. When I left the first meeting, I felt that I was in good hands.John Schroeder was brought on to work on my case with Samantha and they updated/collaborated with Noelle. Noelle, Samantha and John are all patient, direct and very personable. Their knowledge and professionalism are exceptional. NM Law was successful in achieving a Settlement Agreement under difficult circumstances amongst people with little trust in one another. Thankfully we did not have to bear the cost of going to trial, however, I have complete confidence that NM Law would have prevailed if we had.I highly recommend NM Law. I look forward to working with them again, but this time to plan my estate.

Colette

18:31 29 Jun 22

Love this firm. I’ve worked on a wide range of legal issues with NM law, and the attorneys here are top notch, reasonably priced, and a pleasure to work with. They truly care about each of their clients and they made me feel confident each step of the way. Truly professional. They resolved a range of issues with me through strong legal counsel and I will continue to work with them for years to come.

Abraham Torres

22:19 10 Jun 22

Ms. Minto,I want to thank you and your staff for the courtesy extended to us during our family's pending emergency deadline.Mr. O'Grady spoke to my brother and gave us his best recommendation regarding my father's estate.It is really hard to speak, and even harder to "plan" generational wealth with a parent in terms of assets, intentions, and mortality, but it is a necessary conversation to have, if only to lessen the unfairness of life that eventually catches up to all of us.Our family tried to bring justice to my father's death within this probate process and found no justice, this system must be changed, so that a fairness is inherit within this system and not just a scam—lots of hard lessons to be learned from a broken probate process.In either case, thank you again for giving our family the attention and direction we sought. The adage is true, not all lawyers are the same. Looking forward to working with your office in the near future, as we don't want to repeat this experience with our Mom.Gracias,Abraham

N.M Law, APC

5.0

Based on 16 reviews

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Monique S.

06:21 08 Mar 23

NM Law is an excellent law firm to work with! Noelle and her team are very thorough and knowledgeable. They explained the estate planning process to us and kept us informed every step of the way.We highly recommend NM Law for your estate planning needs.

Robert Sousa

22:15 21 Feb 23

I have worked with many attorneys, and there are very few that I would ever recommend. Noelle and her team have gone above and beyond to help all of our clients that we have referred to her. There is no one else that I would recommend for estate planning in the area.

Sharon McCubbin

03:58 28 Jan 23

I was first referred to Noelle Minto by my family law attorney Mike Monarch to provide oversight on my husband’s Trust conforming with our Post Marital Agreement. Her outstanding legal insights helped me to feel secure that both documents were in alignment. These interactions caused me to hire Noelle Minto to create a restatement of my own trust (1999) to be more relevant and reflect my current financial portfolio. Her professional guidance was outstanding. Noelle was always available, friendly, insightful, and mindful of my needs. I would even say highly intuitive. She certainly expanded my knowledge of wealth distribution. I also valued the Law firm’s entire team. Edward was delightful to work with as well. I highly recommend Noelle Minto and her knowledgeable legal team for their exceptional legal services on Family and individual Trusts. I will be making referrals to my friends in the future.

Greg Bishop

04:11 21 Nov 22

Noelle and Samantha and their team are amazing. They are extremely knowledgeable and professional (they are the best). They have and continue to support me and my family while dealing with my parents Will and Trust. Samantha is very patience with all my questions.I highly recommend NM Law.

Stefan Lang

18:08 21 Jun 22

My wife and I went to Noelle to update our 36 year old family trust. Since our trust was so old she rewrote our trust and wills in their entirety. We have a large family with kids, daughters-in-laws, and 13 grandkids. So it was a complex task. She spent plenty of time with us making sure every detail was exactly the way we wanted, and had some good ideas that we liked. And her assistant, Tatiana, was very helpful. Noelle did an excellent job and we are very pleased and confident that we now have everything in proper order.

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