To prepare to meet with your probate attorney, gather documents and information regarding the decedent. So, the earlier you take these steps; the sooner probate proceedings will begin. After the county issues a death certificate, bring it with you. Thus, if they have not issued a death certificate, know the decedent’s date of death.
Information a Probate Attorney Needs
Locate the will and other estate planning documents, if possible. Even without a will, probate can proceed. With a revocable living trust, assets properly transfer to the trust. In such a case, probate remains unnecessary. Determine what real property the decedent owned. Don’t spend a lot of time looking for deeds. Many remain in safety deposit boxes. So, you may not yet have access. If you know the street addresses and have access to parcel numbers of the real properties, your attorney will use that information. Thus, he or she will research the deeds from the public record.
Fortunately, the “vesting” on the deeds may preclude the need for a probate court proceeding. For instance, if you own real property in joint tenancy, the property will stay vested with the surviving joint tenant. That is, it will if that person is still alive. In such cases, the court would not require probate. Also, if the real property was properly transferred to a revocable living trust, the court should not require probate.
Decedent Debts
Try to find evidence of decedent debts. Look for credit card billing statements and other evidence. Also, search for mortgage payment statements from banks and lenders. Your probate attorney should look in the public record for evidence of unpaid mortgages. Search for evidence of any other assets, such as bank accounts, investment accounts, CDs, and retirement accounts. If an estate attorney sets up these assets with pay-on-death beneficiaries, the court may not require probate. Look for assets such as automobiles, boats, and timeshares. Recent financial and account statements may have been recently delivered to the decedent’s home address. So, don’t forget to check the mail.
Homework for Your Probate Attorney
If a will exists, list the names and addresses of the beneficiaries as noted in the will. Find out what you can about the decedent’s family members. And determine who you think would be named as beneficiaries of the decedent’s estate. If you know someone who promises to contest the will or make another claim against the estate, tell your estate attorney. Look for life insurance policies, retirement account, and pension statements. Also, seek out the decedent’s latest tax return.
What Your Probate Attorney Needs
Do not delay the first meeting with your attorney. You will send many of these items and information to your attorney as time progresses. Our clients make probate appointments with us, armed only with a picture of the will they took on their cellphone. Others email us pictures.
About Walnut Creek Probate Attorney Michael J. Young
Michael J. Young is an experienced elder law, estate planning and asset protection planning attorney in Walnut Creek, CA. Mr. Young advises his clients regarding their estate planning needs with an emphasis on asset protection, Medi-Cal qualification, and preservation of assets for various levels of their care as they get older. His journey into elder law began when his mother suffered from an acute injury that required her to be in a skilled nursing facility. Call to schedule a consultation (925) 256-0298. Michael J. Young is also hosting virtual estate planning meetings, to review eldercare options and ensure asset protection.