The probate court process could take almost a year finalize. But the goal is to obtain a court order. It is called a Pour-Over Will since you would “pour” the asset over into the RLT. The court would distribute the asset would from the trust to the beneficiaries. If the amount of the asset is less than $166,250, we could prepare a “California Small Estate Affidavit.” You would present the affidavit to the bank or financial institution. It authorizes the bank or financial institution to distribute the asset to the person making the affidavit.
Author Archives: Walnut Creek Elder Law
estate planning attorney, Estate Planning Attorney Walnut Creek CA
Asset Distribution & Beneficiary Selection
26
Feb
Feb
If your have children are minors, “separate share trusts” can fit into your RLT for each minor child. Make distributions from the separate share trusts to the minor child during his or her lifetime.
19
Jan
Jan
With married decedents with a domestic partner, ask this: Did they have children? In such a case, all assets pass to the surviving spouse or domestic partner.
04
Jan
Jan
Court rules and requirements regarding probate procedure overwhelm people. However, probate courts often respond to these rules differently. Accordingly, the following information covers generalities about California probate. Please refrain from referring to them as a treatise. These guidelines offer an idea about what many probate courts require. Seek the advice of counsel before filing any […]
california, Estate Planning Attorney, Estate Planning Attorney Walnut Creek CA, Probates
California Probate Costs
02
Dec
Dec
How much does probate cost in California? Filing a petition in probate court requires costs and fees. For example, out-of-pocket costs include the fee for filing the petition with the court. Other costs include publication fees and probate referee fees. Also, consider additional charges such as courier fees, court appearance fees, certified copies of court […]
estate planning attorney, Probate Attorney Walnut Creek, Probates, Walnut Creek Probate Attorney
What to Gather for a Probate Attorney
20
Oct
Oct
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.
estate planning attorney, Probate, Probate & Trust Administration, Probate Attorney, Uncategorized, Walnut Creek Probate Attorney
What is Probate Court?
09
Oct
Oct
Assets held in “Joint Tenancy” should not require a probate. For instance, the title can be held by two individuals “as joint tenants.”
Estate Planning Attorney, Probate, Probate & Trust Administration, Trust Attorney Walnut Creek
When Is A Probate of Real Property Required?
17
Sep
Sep
Probate Matters. If title is by two people as joint tenants, and one dies, there will be no probate on the first death.
16
Jun
Jun
Medi-Cal is alive and well in California, and we are experienced in implementing the current regulations and requirements.
24
Apr
Apr
Let me first say that we hope all of you are doing well and keeping safe. Existing clients and prospects are calling, asking for help them NOW, in light of the present health crisis. Our answer is a resounding, “Yes we can!” Callers express their desire to complete estate planning documents as soon as possible. […]