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Probate & Business – Estate Planning – Trust Litigation – Inheritance Disputes – Product Liability – Trust Administration – Tax Planning
Having a Law Stein Anderson California probate attorney by your side will help protect you, your family, and your assets. We recognize that the probate process is a difficult time for many. However, a probate attorney takes the stress off by ensuring the probate process is efficient and effective. Our attorneys work diligently to help minimize the risk of litigation by ensuring that all legal requirements are met and that the distribution of assets and property is handled with transparency.
Estate Planning With a Probate Attorney San Clemente, CA
Probate is a legal process that occurs after someone dies. It’s a court proceeding that is time-consuming, complicated, and costly. However, it’s required to appoint legal title to assets at death. During probate, the court oversees the distribution of a deceased person’s assets. The process usually starts with submitting a will and a court form to the county probate court. Sometimes the court has to prove the will is valid. Once the court determines the final will, the court appoints an executor. The executor then ensures the decedent’s debts and taxes are paid. The executor then gathers the decedent’s remaining assets to distribute to the beneficiaries. In some cases, probate is filed to resolve disputes among the beneficiaries. Typical probate in California usually takes a couple of years to complete.
There are many benefits of hiring a California probate attorney. A probate attorney prevents personal liability to the executor. Furthermore, probate attorneys minimize stress and disputes among family members. The probate court process can be lengthy, but hiring an attorney helps speed it up.
Probate Fees
The state of California determines probate attorney fee commissions based on the estate’s total value. The statutory fees for attorneys and executors in California’s probate cases are 4% on the initial $100,000 and 3% on the subsequent $100,000. Importantly, the probate fees are the estate’s responsibility and do not require any upfront payment or obligation from the executor or administrator.
A Probate Attorney Assists With Various Tasks, Including:
- Identifying all estate assets
- Preparing and filing all probate forms and court documents
- Opening and managing the estate’s checking account
- Preparing and filing all court documents
- Determining and paying taxes, final bills, and debts
- Collecting life insurance policy proceeds
- Retitling assets in beneficiaries’ names
- Transferring assets in the decedent’s name to the appropriate beneficiaries
Did You Know?
In California, probate proceedings are public. These records must be accessible in case someone did not receive what the estate owed them. For example, a creditor may not have been paid and can view probate records.
All of the information in the will is public. Anyone can quickly obtain access to this substantial amount of private financial information. They can go to the courthouse, pay a small fee, and receive a copy of the will.
FAQ
Can I transfer real property outside of probate?
Yes! Many people use living trusts to transfer real estate assets to beneficiaries without going through probate. First, a living trust document that designates a trustee is drafted. The trustee is responsible for managing the trust’s assets and is usually the person creating the trust until their passing. The trustee retains control over the trust’s assets and can transfer them out of the trust whenever desired. When the trustee passes, the successor trustee that has been appointed will promptly transfer the property to the designated beneficiary without requiring probate.
Trust and Estate Litigation
Trust and estate litigation refers to legal disputes that arise in the context of trusts, wills, and estates. This type of litigation usually involves disagreements between family members and other interested parties over the interpretation or implementation of a will, trust, or estate plan.
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SOUTHERN CALIFORNIA ATTORNEYS
We are an industry-leading estate, trust, and probate attorney serving clients in San Clemente, CA, and surrounding communities within Orange County, including Irvine and Laguna Beach.
We are an industry-leading estate, trust, and probate attorney serving clients in San Clemente, CA, and surrounding communities within Orange County, including Dana Point and Yorba Linda.