While a trust avoids the formal probate creditor process, trustees still need to address legitimate debts. An attorney can advise on how to properly handle creditor notices and claims, protecting trust assets from invalid or excessive demands.
Category Archives: Probates
When your trust is properly funded, assets are titled in the name of the trust. That means your home, for example, would be titled as “John and Jane Smith, Trustees of the Smith Family Trust.” At your death, the successor trustee follows your written instructions without needing court approval.
Losing a loved one is a deeply personal and challenging experience. Amidst the grief, the legal process of probate can feel overwhelming and complex. As a probate attorney here in Walnut Creek, Contra Costa County, CA, I understand the emotional weight you carry. What’s more, I get the need for clear, compassionate guidance through this […]
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.
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.
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.
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Baby Boomers Predict The Future!
Baby Boomers Predict The Future! Wouldn’t it be nice to be able to predict the future for us Baby Boomers, and start planning for it! But we do know certain things about our future … On average, 10,000 people are turning age 65 every day. It is predicted that at least 70% of people over […]
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