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 […]
An obstacle millions of California senior citizens may encounter is the need to qualify for Medi-Cal coverage. Through online resources, video seminars and in-person trainings, we educate clients and friends to navigate the somewhat confusing process of Medi-Cal qualification.
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.
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.
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.
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 […]
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 […]
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.