Working with the Right Probate Attorney

Probate lawyers are hired to represent the parties involved in a probate proceeding. They can act on behalf of the deceased, or that of the beneficiaries, as well as other parties who may have an interest on the deceased’s assets. From analyzing the last will, to processing the inheritance of the beneficiaries, it is the probate attorney's job to ensure the process goes as smoothly and as quickly as possible, while protecting their client’s rights.

Those needing the services of probate lawyers thus have to make sure that they work with one who has the right qualifications for the job. One of the things a client needs to look at is the experience and track record of a lawyer. The entire probate process can get complicated, and the expertise of a lawyer will be very critical in sorting through the various legal issues involved.

Probate law usually covers several other legal areas like real estate and taxation. An ideal probate lawyer must, therefore, also be knowledgeable in these matters. Finally, a client must also choose a licensed probate lawyer. No amount of experience or knowledge will be helpful if the lawyer does not have the right licenses and certifications. Researching on a lawyer’s qualifications should thus be a priority for any client.

[ Read More ]

What Is the Role of a Probate Attorney?

If you’ve already set up a last will and testament that involves more than $150,000 worth of assets, you can expect a probate lawyer to administer it once you’re gone. A probate lawyer is a legal representative specializing in asset distribution following the probate process. Except in cases where your assets are held in joint tenancy or in a living trust, your heirs will need a probate attorney to help them through the probate process.

The probate process is complex and lengthy, some taking more than six months to be completed. Without a probate lawyer giving your family a hand, the transfer of assets may be disorganized and unsuccessful. In fact, one of the likely jobs of a probate lawyer is to execute a will if he or she is named as the executor. In probate cases, the lawyer may represent the executor or the heirs.

The trustworthiness of probate lawyers is guaranteed by laws which disqualify them from being a beneficiary of any will they may be executing. This ethical rule maintains the validity of the will and ensures that there is no conflict of interest. In general, a probate attorney can represent any party involved in a probate process. 

[ Read More ]

Why You Need an Estate Planning Attorney

The California Probate Code is the law that regulates all property transfers from one person to another in the state, due to death or other reasons. While some of the statutes found in the Code can fall in the realm of “common knowledge”, the Code actually consists of at least 11 Divisions tackling a myriad of details. These include specific matters like judicial proceedings for trust funds, distinguishing “trustees” from “beneficiaries”, and even the right way of writing a last will and testament.

Such specifics may be too complicated for someone without a legal background, and this is one reason why hiring a Sacramento estate planning attorney is very important. The lawyer can also assist in the application and administration of trust funds, which normally have to go through the court system. Small families can also avoid the entire probate process with the help of an estate planning attorney, provided their combined assets meet the criteria for exemption.

An estate planning attorney can also help in identifying the right type of trust fund that a person should create. Some trust funds, like irrevocable trusts, can facilitate the process of transferring property ownership, while others, like marital trust funds, can offer tax exemptions.

[ Read More ]

Estate Planning 101: What is California Probate?

“Probate” refers to a court case that deals with the process of transferring a deceased person’s property to his or her heirs. While this may sound simple and clear-cut enough, there are actually a variety of matters that need to be settled first. These include assessing the true value of the properties, paying final bills and estate taxes, and the like. In the State of California, a probate may or may not be undertaken, depending on certain circumstances.

For example, the assets of a deceased person don’t need to go through probate if they’re owned in joint tenancy, in a living trust, or as survivorship community property with the person’s spouse. In addition, assets that are no more than $150,000 in value can be easily transferred through a streamlined summary probate process, which takes a much shorter time. Properties and assets that don’t meet these criteria need to go through the probate process.

A last will and testament is one of the issues that may be settled in probate. This document not only declares which heir will get what, but also identifies the executor in charge of supervising the transfer of assets. The executor is also responsible for settling the aforementioned matters of paying bills, estate taxes, and the like. If an executor is not named, the California Probate Code can allow one family member to act as a court-appointed administrator, who performs the same duties of an executor.

[ Read More ]

Understanding Probate Laws: How a Sacramento Probate Attorney Can Help

I have been a Sacramento probate attorney for many years and agree that the probate code needs work. Considering that inheritance disputes can ruin family relationships when handled poorly, the Wiki Bill will hopefully make probate settlements easier and fairer. However, what can be considered as a “favorable” amendment to the state’s probate code is subjective.

I believe the real solution to streamlining our probate process is for the residents of Sacramento to work with Sacramento probate attorneys to create trust-based estate plans that can be administrated without the assistance of the probate court. Then the probate court could spend their resources helping families that have a dispute about how an estate is being handled rather than having their calendars clogged by probate matters that really did not need court oversight.

http://www.generationsprobate.com/blog/industry-news/understanding-probate-laws-how-a-sacramento-probate-attorney-can-help.html

[ Read More ]

Special Needs Trust: Call on an Estate Planning Attorney in Sacramento

As a trust attorney in estate planning in Sacramento, I have helped many parents create a special needs trust for their disabled children. One crucial factor of this kind of trust is naming the trustee. Ideally, the trustee should be someone whom your disabled child is already acquainted with, like your spouse, a sibling, a relative, or a family friend. The trustee you name should also have a willingness to serve the needs of the child when you are gone. If the trustee is well-versed in financial management, this would be very helpful as well.

Estate planning may not be easy to undertake but it can be absolutely essential especially if children with special needs are involved. The attorneys at Generations have the knowledge and experience to make sure your child is taken care of when you are gone. Knowing that your special needs child will be responsibly looked after even in your absence can be invaluable to putting your mind at ease about that child’s future.

http://www.generationsprobate.com/blog/industry-news/special-needs-trust-call-on-an-estate-planning-attorney-in-sacramento.html

[ Read More ]

Blended Families: How a Sacramento Estate Planning Attorney Can Help

One common issue is stepchildren. Understandably, married couples with families from previous relationships can get entangled in the many legal and emotional issues surrounding inheritances. For example, some parents might want their natural children to get all or most of their assets when they die, while others might want their stepchildren to benefit from these assets as well.

When looking for a trust attorney in Sacramento or wherever you happen to live, make sure they have planned and administered many, many estates for blended families before you allow them the privilege of working with yours. If you do, your attorney will know how to design an estate plan that incorporates proven solutions to the problems blended families face. A seasoned trust attorney can help determine the right kind of trust to set up for each unique situation.

http://www.generationsprobate.com/blog/info-articles/blended-families-how-a-sacramento-estate-planning-attorney-can-help.html

[ Read More ]

Understanding Probate Laws: How a Sacramento Probate Attorney Can Help

I have been a Sacramento probate attorney for many years and agree that the probate code needs work. Considering that inheritance disputes can ruin family relationships when handled poorly, the Wiki Bill will hopefully make probate settlements easier and fairer. However, what can be considered as a “favorable” amendment to the state’s probate code is subjective.

I believe the real solution to streamlining our probate process is for the residents of Sacramento to work with Sacramento probate attorneys to create trust-based estate plans that can be administrated without the assistance of the probate court. Then the probate court could spend their resources helping families that have a dispute about how an estate is being handled rather than having their calendars clogged by probate matters that really did not need court oversight.

http://www.generationsprobate.com/blog/industry-news/understanding-probate-laws-how-a-sacramento-probate-attorney-can-help.html

[ Read More ]