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Mark Tad Malachowski

Mark Tad Malachowski

Law Office of Malachowski and Associates - Trust Litigation Attorney
  • Estate Planning, Probate, Elder Law
  • California
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Biography

Trust Litigation Attorney

The Law Office of Malachowski and Associates provides trust dispute litigation services to clients in California Superior Courts and the United States District Court for the Northern District of California. Mark Malachowski is a member of the Supreme Court of the United States Bar. We recognize that lives and fortunes hang in the balance when a client seeks our legal services, and we work closely with you to develop an individually designed action plan to achieve your goals.

Mark Malachowski has a Juris Doctorate in Law and Master’s and Bachelor's Degrees in Science. Mark Malachowski aggressively litigates trust and probate disputes. We also provide estate planning and probate and trust administration. To make an appointment, call the Law Office of Malachowski and Associates at 415/983-0717 or contact us at mark@marklawsf.com.


Law Talk TV

Sumner Redstone

https://youtu.be/TD3C7A0lQsY
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Prince Estate – No Will

https://youtu.be/QCbAyAMwc_A
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Michael Jackson Estate

https://youtu.be/lQ_OCVvA70s
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Prince Estate

https://youtu.be/WBnCAU8u1fM
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Education
Northwestern Cal Univ of Law
Law Degree
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Professional Experience
Attorney
Law Office of Malachowski and Associates
Current
Trust and will disputes. We are aggressive litigators and will represent your interests in court and in negotiations. Mark@marklawsf.com
Publications
Articles & Publications
Law Talk TV
Professional Associations
Supreme Court of the United States
Bar Member
- Current
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Supreme Court of the State of California  # 242696
Bar Member
- Current
Activities: Trust Litigation
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Ninth Circuit US Court of Appeals
Bar Member
- Current
Activities: Appeal
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United States District Court, Northern District of California
Bar Member
- Current
Activities: Trust Litigation, ERISA Litigation
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San Francisco Bar Association
Member
- Current
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Jurisdictions Admitted to Practice
California
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Fees
  • Free Consultation
Practice Areas
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Elder Law
Additional Practice Areas
  • Trusts and Wills Disputes
  • Trusts and Wills
Websites & Blogs
Website
Website
Videos
Anna Nicole Smith Estate Dispute Rages On -The dispute between Anna Nicole Smith’s estate and the estate of her late step-son for the $1.6 billion left by J. Howard Marshall, with whom Anna had a May December romance, continues. After nine-teen years of litigation, a court ruling has ended the federal court proceedings in California. However, Anna Nicole Smith’s estate still has the right to appeal a Texas 2001 probate court ruling. Depending on the outcome of that appeal, the original California ruling could control, and the estate of Anna Nicole Smith could be awarded eighty-eight million dollars. Anna Nicole Estate Dispute

Anna Nicole Smith Estate Dispute Rages On -The dispute between Anna Nicole Smith’s estate and the estate of her late step-son for the $1.6 billion left by J. Howard Marshall, with whom Anna had a May December romance, continues. After nine-teen years of litigation, a court ruling has ended the federal court proceedings in California. However, Anna Nicole Smith’s estate still has the right to appeal a Texas 2001 probate court ruling. Depending on the outcome of that appeal, the original California ruling could control, and the estate of Anna Nicole Smith could be awarded eighty-eight million dollars.

Special Needs Trusts (SNT): Planning for Beneficiaries with Disabilities  Special needs trusts (SNT) are administered for the benefit of persons with disabilities or other impairments. If drafted properly, a SNT does not jeopardize a beneficiary's eligibility for means-tested government benefits including Supplemental Security Income and Medicaid (Medi-Cal in California). Special Needs Trust

Special Needs Trusts (SNT): Planning for Beneficiaries with Disabilities Special needs trusts (SNT) are administered for the benefit of persons with disabilities or other impairments. If drafted properly, a SNT does not jeopardize a beneficiary's eligibility for means-tested government benefits including Supplemental Security Income and Medicaid (Medi-Cal in California).

DST in 1031 Exchange - Delaware Statutory Trusts allow investors to shield investment property sales from capital gains tax. The participant must invest in a property that costs at least as much as the proceeds from the sale of the first property within 180 days of the sale of the first property. DSTs allow multiple investors to band together own investment real estate that they could not afford individually. DST in 1031 Exchange - Delaware

DST in 1031 Exchange - Delaware Statutory Trusts allow investors to shield investment property sales from capital gains tax. The participant must invest in a property that costs at least as much as the proceeds from the sale of the first property within 180 days of the sale of the first property. DSTs allow multiple investors to band together own investment real estate that they could not afford individually.

Charitable Remainder Trust - Obamacare's 3.8% surtax on investment income applies to individuals making more than $200,000 adjusted annual income. A Charitable Remainder Trust may useful in minimizing the impact of this surtax using property that has appreciated. Once the property has been transferred to the trust, it is sold and the proceeds paid out in annual payments of at least 5% of the trust's initial value. The value of the trust at the Trustor's death then goes to the selected charity. The tax advantage is that the trust can sell the appreciated property without incurring the 3.8% Obamacare tax. The beneficiaries are still subject to capital gains owed, but the smaller payments taxed will be spread over a longer period of time.  With top capital gains tax rates having recently increased from 15% to 20% for individuals with incomes of more $400,000 per year, investors may now be facing a 23.8% tax on net investment income. This is a fifty-eight percent increase from 2012 tax rates. Charitable Remainder Trust

Charitable Remainder Trust - Obamacare's 3.8% surtax on investment income applies to individuals making more than $200,000 adjusted annual income. A Charitable Remainder Trust may useful in minimizing the impact of this surtax using property that has appreciated. Once the property has been transferred to the trust, it is sold and the proceeds paid out in annual payments of at least 5% of the trust's initial value. The value of the trust at the Trustor's death then goes to the selected charity. The tax advantage is that the trust can sell the appreciated property without incurring the 3.8% Obamacare tax. The beneficiaries are still subject to capital gains owed, but the smaller payments taxed will be spread over a longer period of time. With top capital gains tax rates having recently increased from 15% to 20% for individuals with incomes of more $400,000 per year, investors may now be facing a 23.8% tax on net investment income. This is a fifty-eight percent increase from 2012 tax rates.

Estate and Gift Tax -The estate tax exclusion amount for deaths in 2013 is $5.25 million. If you exceed the limit, you (or your heirs) will owe tax of up to 40%. Spouses may take a unlimited deduction from estate and gift tax that postpones the tax on assets inherited from each other until the second spouse dies. This marital deduction, as it is called, applies only if the inheriting spouse is a U.S. citizen. Widows and widowers can add any unused exclusion of the spouse who died most recently to their own. This enables them together to transfer up to $10.5. Tax geeks call this portability. We can each give another person $14,000 per year without it counting against the lifetime exemption. www.marklawsf.com Estate and Gift Tax Exclusion $5.25 Million

Estate and Gift Tax -The estate tax exclusion amount for deaths in 2013 is $5.25 million. If you exceed the limit, you (or your heirs) will owe tax of up to 40%. Spouses may take a unlimited deduction from estate and gift tax that postpones the tax on assets inherited from each other until the second spouse dies. This marital deduction, as it is called, applies only if the inheriting spouse is a U.S. citizen. Widows and widowers can add any unused exclusion of the spouse who died most recently to their own. This enables them together to transfer up to $10.5. Tax geeks call this portability. We can each give another person $14,000 per year without it counting against the lifetime exemption. www.marklawsf.com

Facebook settles for $20 million - The use of members names and photos in online advertising in sponsored stories will now be controlled by the users. Facebook Settles

Facebook settles for $20 million - The use of members names and photos in online advertising in sponsored stories will now be controlled by the users.

Michael Jackson Estate Michael Jackson

Michael Jackson Estate

Prince Estate Performers - Prince

Prince Estate

Prince Estate - No Will Prince 2

Prince Estate - No Will

Sumner Redstone Sumner Redstone

Sumner Redstone

Contact & Map
Malachowski & Associates
1001 Bridgeway
Suite B3
Sausalito, CA 94965
Telephone: (415) 983-0717
Fax: (415) 986-8068
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM (Today)
Thursday: 9 AM - 5 AM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed