Once the executor pays all debts and taxes, they can distribute the remaining assets to the beneficiaries named in the will or to the heirs in the absence of a will. The court approves the distribution of assets, and the executor or administrator must file a final report and accounting with the court.
A probate lawyer can provide the right expertise and representation necessary to protect the wishes of everyone involved. Hence, hiring a probate lawyer reduces anxiety and ensures a smooth resolution of the estate.
Trusts are a great way to avoid probate because the property held in a trust is not considered part of your estate upon your death. Why? Not you, but a trustee, controls the property and is tasked with distributing the contents under the terms of the trust agreement.
You can avoid probate by creating an inheritance agreement. This is a contract where the owner agrees that another person will inherit the property.
The wealthy hotel magnate, Leona Helmsley, aka the “Queen of Mean” inherited $5 billion from her husband Harry Helmsley when he died in 1997. Her will stipulated that $12 million be held in a trust fund for her dog (a Maltese named Trouble.)
In an attempt to help our clients and friends understand probate terms, we have assembled this short probate dictionary, which features helpful probate terms. Beneficiary The beneficiary is the person named in the will who will inherit the assets of the probate estate.
Are Probate Court Records Public In California? In California probates, the public has access to probate court records. Contact the probate court clerk in any county where an attorney filed probate. Request to view the filed documents. For a fee, you can even obtain copies of filed documents from the clerk. Also, the last will […]
Transfer your home to a Revocable Living Trust (RLT) for several reasons. First, doing so will prevent probate of your home when you die. Another reason is that, as of January 1, 2017, if you die after collecting Medi-Cal, the state cannot pursue recovery against your home if it is in your RLT. In this […]
Probate Timeline In California, where Walnut Creek Elder Law is located, probate proceedings typically take about a year to complete. The probate timeline may require even more time, depending on the assets and complexities of the case.
Many young adults believe they are too young to concern themselves with estate planning. While in their 20’s and 30’s they think they don’t own enough assets to constitute an estate. However, an estate is the total of everything you own – money, investments, real estate, vehicles, business interests, digital assets (including cryptocurrency), and other […]