Sheila-Marie Finkelstein Attorney

First Admitted: 2011, California

Professional Webpage: https://klinedinstlaw.com/profiles/attorney/sheila-marie-fin...

Bar/Professional Activity:

Orange County Jewish Bar Association - (Immediate Past President 2022: President 2019- 2021: Board 2012-2019), 2022
California
Orange County Bar Association - Veterans and Military Committee (Vice Chair 2014-2019; Chair 2019 - Present), 2022
Orange County Bar Association - Racial Justice Task Force / Committee (2020-2021), 2021
Veterans Legal Institute - Vice Chair (2022): Volunteer Attorney (2014-Present): Board Member (2016-Present): Secretary (2019 - 2021) Monthly Pro-bono Estate Clinic (2017- Present) , 2022
Orange County Women Lawyers Association - (Executive Board - 2016-2019: Board 2012- 2016: Member 2011), 2019

Representative Clients:

A client came to me for a "simple" Heggstad petition (where you get a property put into trust after the death of the Trustor to avoid full probate). In the process, we discovered that a fraudulent probate had already been opened, AND the property was encumbered by a reverse mortgage and was going to be sold at auction in 2 weeks. We successfully postponed the auction, they gave us 30 days, and rescheduled it for 30 days later, but refused to provide payoff information, or give sufficient time to complete the Heggstad petition. We successfully petitioned for an ex parte temporary restraining order to stop the property auction, until the probate and Heggstad matter could be cleared. Had the property gone to auction, the incapacitated widower would have received nothing, and the family would not be able to afford the in home care necessary to care for him. , 2022
I established and run the pro bono estate clinic at Veterans Legal Institute in 2017. On average, VLI handles 100+ trusts, estates, probate matters annually for free. We prepare complimentary comprehensive estate plans for veterans in need. Including Revocable Living Trusts, Deeds, Advance Health Care Directives, Durable Powers of Attorneys, Minor's Protection Packages, Veterans Burial Benefits, etc. This averages about $300,000 in pro bono services each year, plus the avoidance of an estimated $5,000,000 in probate fees. , 2022
Proposition 19 caused a huge planning issue for Californians who own more than 1 property, because it reduced the benefits provided under Propositions 13 and 58. It was voted on in late 2020 and became effective mid February 2021. Most attorneys in the field would not even touch this type of planning because there was insufficient time and too many unknown variables. Those who would were charging upwards of $50,000 in legal fees to create the necessary complex planning. However, I was tracking the law change and kept studying all of the available information. So in under two months, I created a new type of trust specifically formatted to meet the confusing requirements of Proposition 19. Under proposition 13/58 my clients could transfer their properties (residential and other) to their children, and the children would keep the parent's low property tax basis while receiving a step up in capital gains tax basis. Under proposition 19 children can only keep the low property tax basis on the personal residence, so long as the child makes it their personal residence, and it has not appreciated more than $1M. This means that on average, my clients children would be paying approximately $27k-$35k per year in property taxes instead of $11k. Using my Prop 19 Trust, we were able to preserve the low property tax basis on the rental properties, and thus save my clients' children hundreds of thousands of taxes annually. My legal fees averaged $5,000 per client, significantly less than other attorneys who offered Proposition 19 planning. , 2021

Special Licenses/Certifications:

Certified Specialist in Estates, Trusts, & Probate Law by the California Bar Board of Legal Specialization (2019 - Present), 2021
Veterans Affairs Accredited Attorney (2015- Present), 2021

Pro bono/Community Service:

Orange County Bar Association Veterans and Military Committee: Founding member 2014. Vice Chair 2015-2018. Chair 2019- Present. Prepare CLEs to teach attorneys in the community about the veteran and military specific laws and protections as their pertain to various areas of law (i.e. estate planning, family, housing, criminal, etc.), 2021
Orange County Jewish Bar Association: 2011 - Present. Served on Board 2012-2014. Served on Executive Board 2014 - Present. President 2018- Present. Coordinate educational events, social events, and charitable events. Liaison with associated entities and affiliate bars. , 2021
California Lawyer Association SSF - Excellence in Service Award - 2019 Veterans Legal Institute - Pro Bono - 2014 - Present, 2019

Honors/Awards:

Received the Lawyers for Warriors - Veteran Advocate of the Year Award for years of continued service to veterans. Serving as a volunteer attorney, then founding the monthly pro bono Veterans Estate Clinic in 2017. Through the estate clinic, we serve 100+ clients annually. Providing pro bono comprehensive estate plans, and basic probate services. Volunteer approximately $300,000 worth of services annually, and save clients an estimated $5,000,000 in statutory probate fees. , Veteran Advocate of the Year, Veterans Legal Institute - Lawyers for Warrirors, 2021
Mensch of the Year, Orange County Jewish Bar Association, 2023
Recognized as 1 of 4 Remarkable attorneys under 40. , 4 Remarkable Attorneys Under 40, NAWBO-OC, 2020
Received the inaugural Excellence in Service Award in recognition of years of pro bono service to the Veterans, Women, and Education. , Excellence in Service, California Lawyers Association SSF, 2019
Recognized by Congressman Lou Correa as a woman of the year who has made a significant positive impact on the community. , Woman of the Year, Congressman Lou Correa, 2020

Educational Background:

Chapman University School of Law - LLM Taxation, 2021
Washington & Lee University School of Law - J.D. , 2011
University of Copenhagen - International Legal Studies, 2010
University of Nevada - Las Vegas - M.Ed. Curriculum & Instruction, 2008
American University - B.A. Communications, Legal Institutions, Economics, & Government, 2006

Industry Groups:

Entrepreneurs
Families
Individuals
Medical
Non Traditional Families
Small Business
Solo & Small Firm Attorneys
Teachers
Veterans

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