According to California probate Code section 10800(b), the value of the estate accounted for by the executor “is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, fewer losses from the appraisal value on sales, without reference to encumbrances or other obligations on the estate property.”. Can an executor of a will also be a beneficiary? When making a will, people often ask whether an executor can also be a beneficiary. The answer is yes, it’s perfectly normal (and perfectly legal) to name the same person as an executor and a beneficiary in your will. Steve is very down to earth, easy to work with. Recommend to anyone seeking legal assistance for a trust or will. Living Trusts: In California, you can make a living trust to avoid probate for virtually any asset you own…real estate, bank accounts, vehicles, and other assets. You need to create a trust document (similar to a will), naming someone to take over as trustee after your death (called a successor trustee). The springing power of attorney sounds like the greatest thing since sliced bread, except for one problem; how do you determine the test for incapacity, and when do you say, “I am incapacitated, so you can now sign for me”? How is money distributed from a trust? To distribute real estate held by a trust to a beneficiary, the trustee will have to obtain a document known as a grant deed, which, if executed correctly and in accordance with state laws, transfers the title of the property from the trustee to the designated beneficiaries, who will become the new owners of the asset. Sincere probate lawyer escondido is Escondido Probate Law
720 N Broadway #107, Escondido, CA 92025A living trust is an probate vehicle that protects your assets against taxes and probate after you die. Revocable living trusts aren’t without their disadvantages as well. Nonetheless, at the second spouse’s death, all assets would be distributed to the beneficiaries listed in the original trust agreement or Will. I am looking for an ideal asset protection trust. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable asset protection trust. Would recommend Steve Bliss to anyone in need of getting their will in order and processed. Steve and his team are thorough and efficient. Steve is an expert and walks you through everything you need to know to make a decision on how to setup your will to protect your assets for your loved ones. If you are thinking about getting your will done, don’t wait contact Escondido Probate Law We will recommend their team to everyone we know. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate.
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Escondido Probate Law720 N. Broadway, #107 Escondido, CA 92025
(951) 582-3800
Escondido Probate Law is an experienced probate attorney. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Escondido Probate Law. Our probate attorney will probate the estate. Attorney probate at Escondido Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Escondido Probate law will petition to open probate for you. Don’t go through a costly probate call Escondido Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Escondido Probate Law is a great estate lawyer. Affordable Legal Services.
| escondido trust attorney |
Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
| trust attorney |
Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
| trust lawyer |
Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
| trust attorney in escondido |
Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Transfer-on-Death Registration for Securities: California lets you register stocks and bonds in a transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account. I seriously need a brilliant estate attorney attorney near Solana Beach, Ca. Steven F. Bliss Esq. is the estate attorney in Escondido, he is by far the best for all things estate law related. Me and my wife had Steve do our family trust. A good experience, Steve is more than willing to explain everything in a no nonsense way. An executor is a person named in a will, and an administrator is someone who petitions the court to administer the estate when there is no will. Can I gift my house to my children? Gift of a property is usually a Potentially Exempt Transfer (PET). Therefore, after gifting the property, if the donor survives for 7 years … then the children don’t have to pay inheritance tax, as the property will fall outside the estate of the donor. What assets should be considered when planning your estate? Will/trust.Durable power of attorney.Beneficiary designations.Letter of intent.Healthcare power of attorney.Guardianship designations. Here, our trust administration attorney in California demonstrated the responsibilities of trustees. That’s what confuses people; they think the existence of a will means there’s no probate, but the fact is, you really can’t do much with the Will without the judge’s court order. I seriously need a brilliant estate attorney attorney near Twin Oaks Valley, Ca. I would call Steve Bliss, he is an excellent estate lawyer.My parents needed estate attorney and I found Stephen Bliss on the web. After some checking, I decided to use him and couldn’t be happier with my decision. Stephen did an exceptional job at a reasonable price and was very patient and able to explain things in a way that my parents were comfortable with. Thanks Stephen!. Probate for real estate may need to be extended to any counties in which the real estate is located. How long does it take to rebuild credit after Chapter 7? Take your time. The amount of time it takes to rebuild your credit after bankruptcy varies by borrower, but it can take from two months to two years for your score to improve. Because of this, it’s important to build responsible credit habits and stick to them…even after your score has increased. Do you have an adult child, or other Beneficiary, who qualifies as a spendthrift? How much does a trust cost? How Much Does It Cost to Set Up a Trust? Moreover, a living trust is an probate vehicle that protects your assets against taxes and probate after you die. Consequently, there are multiple types of trusts, like marital, bypass, generation-skipping, and more. Flexible probate lawyers is escondidoprobatelaw (dot) com
Escondido Probate Law(760) 884-4044
720 N Broadway #107, Escondido, CA 92025
1. What is probate law?
Probate law is a branch of legal practice that deals with the administration of a deceased person’s estate. It involves validating the will, if one exists, and distributing the assets according to the deceased person’s wishes or, in the absence of a will, according to state law. The probate process is overseen by a probate court, and the court ensures that debts are settled, taxes are paid, and remaining assets are distributed to heirs or beneficiaries.
2. When does the probate process typically begin?
The probate process typically begins after an individual passes away. The executor named in the will, or an administrator appointed by the court in the absence of a will, initiates the process by filing a petition with the probate court. This marks the official commencement of probate proceedings.
3. What assets go through probate?
Generally, assets that are solely owned by the deceased individual go through probate. This includes real estate, bank accounts, vehicles, and personal belongings. However, assets held in joint tenancy, in a living trust, or with designated beneficiaries (such as life insurance policies or retirement accounts) usually bypass probate.
4. How long does the probate process take?
The duration of the probate process varies widely and depends on factors such as the complexity of the estate, potential disputes, and local laws. It can take anywhere from a few months to several years to complete. Simpler estates may undergo a streamlined process, while more complex estates with significant assets or legal challenges may prolong the process.
5. How is an executor appointed, and what are their responsibilities?
The executor is typically named in the deceased person’s will. If there’s no will or the named executor is unable or unwilling to serve, the court appoints an administrator. The executor’s responsibilities include filing the will with the probate court, managing the estate’s assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
6. What is the role of the probate court in estate administration?
The probate court oversees the entire probate process. Its role includes validating the will, appointing the executor or administrator, ensuring that creditors are paid, resolving disputes, and ultimately approving the final distribution of assets. The court provides legal supervision to ensure the orderly administration of the estate.
7. How are debts and creditors handled during probate?
During probate, the executor or administrator is responsible for identifying and notifying creditors of the deceased person’s passing. Creditors are given an opportunity to make claims for unpaid debts. The estate uses its assets to pay off valid claims, and any remaining assets are then distributed to heirs or beneficiaries.
8. Can the probate process be avoided, and how?
Yes, the probate process can often be avoided or minimized through estate planning strategies. Creating a living trust, designating beneficiaries for assets, and establishing joint ownership are common methods to bypass probate. Consulting with an estate planning attorney can help individuals tailor their plans to minimize the impact of probate.
9. What is intestate succession, and how does it impact probate?
Intestate succession occurs when a person passes away without a valid will. In such cases, state laws dictate how the deceased person’s assets will be distributed among surviving relatives. The probate court follows these laws to determine the heirs and their share of the estate. Intestate succession can lead to a more straightforward but potentially less personalized probate process.
10. What is a will, and why is it important in probate?
A will is a legal document that outlines an individual’s wishes regarding the distribution of their assets after death. It designates an executor, provides for the care of minor children, and can address other important matters. A valid will is crucial in probate as it serves as a guide for the court in distributing assets and fulfilling the deceased person’s intentions.
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I am looking for an ideal trust administration lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable trust administration lawyer. Steve Bliss exudes these great traits:Positive: Professionalism, Quality, Responsiveness, Value. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. Is Chapter 7 or 13 better? In many cases, Chapter 7 bankruptcy is a better fit than Chapter 13 bankruptcy. For instance, Chapter 7 is quicker, many filers can keep all or most of their property, and filers don’t pay creditors through a three- to five-year Chapter 13 repayment plan. If you leave a will, the court must file it to open probate. Anyone can read it. I am looking for an ideal probate lawyers. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable probate lawyers. Steve Bliss is a wonderful attorney, always in your corner, with excellent knowledge of his profession. I would recommend him to anyone. Barbara. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. When a parent dies Who gets the house? California probate Your adult children do not automatically inherit your house or any other property when you die. No law requires you to leave anything to your children or grandchildren. If you die without a will, or …intestate,the laws of your state will decide who gets your money and property. We had a great experience with Steve Bliss and his team. We had talked for so long about getting a living trust and we finally took that very important step. It is a comforting feeling to have the trust and to know that our requests are now a legal document. Take the time you will be so happy you did. They make the process very easy. In deciding whether a will should override a trust or not, there is a vital principle of trust law that cannot be ignored. Consult a tax professional to determine the most tax-efficient way to gift your possessions. How much money can you inherit without paying taxes on it? There is no federal inheritance tax, but there is a federal estate tax. In 2021, federal estate tax generally applies to assets over $11.7 million, and the estate tax rate ranges from 18% to 40%. In 2022, the federal estate tax generally applies to assets over $12.06 million. But just because your pets can’t accept the life insurance payout doesn’t mean you can’t use it to protect them after you’re gone. Can you put a house with a mortgage in an irrevocable trust? When you move a home into an irrevocable trust, you give up all interest in it, turning it over to the estate. If you still have a mortgage on a house you’re moving to a trust, it needs to be put into a revocable trust, allowing you to retain the rights to modify it. I am looking for an ideal spendthrift trust lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable spendthrift trust lawyer. Steve was very knowledgeable in the areas that I needed help. Always seems to be available to answer questions For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate.
1. What is probate law?
2. When does the probate process typically begin?
3. What assets go through probate?
4. How long does the probate process take?
5. How is an executor appointed, and what are their responsibilities?
6. What is the role of the probate court in estate administration?
7. How are debts and creditors handled during probate?
8. Can the probate process be avoided, and how?
9. What is intestate succession, and how does it impact probate?
10. What is a will, and why is it important in probate?
11. How are disputes over a will resolved?
12. What are the different types of trusts, and how do they relate to probate?
13. Are all assets subject to estate taxes during probate?
14. How does probate handle jointly owned assets?
15. Can the probate process be contested, and what are the grounds for contesting?
16. What happens if there is no will (intestacy)?
17. How does probate impact beneficiaries and their rights?
18. What is the role of a probate attorney, and when is one needed?
19. Are there alternatives to probate for estate planning?
20. How does probate vary from state to state?
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A creditor must file their claim within four months from the date an executor or personal representative is officially appointed. Can you run a business through a trust? A trust can be used to run a business. But because it is not a legal entity, the trustee undertakes the business activities on behalf of the trust. A trustee can be an individual or a company …we recommend a corporate trustee. Nominees are sometimes used so that the actual owner of the property can hold title to it in another name. What Happens If You Don’t File probate? It’s not uncommon for wills to be written years before a person dies. Once death occurs, the executor should file the Will in court to begin the probate process. The springing power of attorney sounds like the greatest thing since sliced bread, except for one problem; how do you determine the test for incapacity, and when do you say, “I am incapacitated, so you can now sign for me”?. 10 Things You Should Know About a Testamentary Trust.
A testamentary trust can ensure that children or others who need help managing the proceeds of your Will are protected.
With so many types of trusts out there, you might be wondering what sets a testamentary trust apart from the rest.
Below you’ll find answers to commonly asked questions regarding the testamentary trust.
1. What Is a Testamentary Trust? A testamentary trust is a trust contained in a last will and testament. It provides for the distribution of all or part of an estate and often proceeds from a life insurance policy held on the person establishing the trust.
There may be more than one testamentary trust per Will. 2. Who Are Testamentary Trusts Created For? Generally, testamentary trusts are created for young children, relatives with disabilities, or others who may inherit a large sum of money that enters the estate upon the testator’s death.
3. How Is a Testamentary Trust Created? A testamentary trust is provided for in a last will by the “settlor,” who appoints a “trustee” to manage the funds in the trust until the “beneficiary,” or person receiving the money, takes over.
4. When Is a Testamentary Trust Created? The trust kicks in after the probate process after the person’s death who has created it for their children or others. Note: This differs from “inter vivos” trusts created during the settlor’s lifetime.
5. How Long Does a Testamentary Trust Last? A testamentary trust lasts until it expires, provided for in its terms. Specific expiration dates maybe when the beneficiary turns 25 years old, graduates from university, or gets married.
6. What Is the probate Court’s Role in a Testamentary Trust? From the time of the settlor’s death until the expiration of the testamentary trust, the probate court checks upon the trust to make sure it is being handled properly. Legal fees could add up depending on how long this time frame lasts, so this should be considered when deciding whether to opt for a testamentary trust.
7. Who Can Be the Trustee of a Testamentary Trust? The person creating the trust may choose anyone, but it should be someone the person trusts to act in the children’s best interests or others receiving the trust funds. If, for any reason, the person chosen declines to take on the responsibility of a trustee, someone else may volunteer, or the court will appoint a trustee.
8. Must the Trustee Honor the Terms Set Out for Expenditures in the Will? Not necessarily, so the settlor must choose someone trustworthy.
9. When Does it Make Sense to Opt for a Testamentary Trust? Generally, suppose the person’s estate is small compared to the potential life insurance proceeds or other amounts paid to the estate at death. In that case, a testamentary trust may be advisable.
10. How Much Does It Cost to Set up a Testamentary Trust? It is generally inexpensive to include testamentary trust provisions during will preparation.
. There are advantages to setting up a revocable living trust. If the total value of the probate estate (the assets that can’t be transferred to inheritors in one of those other ways) is small enough, probate won’t be necessary. How do you put a property into a living trust? Obtain a California grant deed from a local office supply store or your county recorder’s office.Complete the top line of the deed. Indicate the grantee on the second line. Enter the trustees’ names and addresses. Splendid estate planning lawyer escondido is Escondido Probate Law
(760) 884-4044
720 N Broadway #107, Escondido, CA 92025
The North and South Carolina probate lawyers at Mullen Holland & Cooper P.A. can review your situation, talk with you about your goals, and recommend an estate plan that satisfies your wishes.
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Notwithstanding, probate includes the bequest of assets to heirs and the settlement of estate taxes. Consequently, most estate plans are set up with the help of an attorney experienced in estate law. Steve is The Real Deal: honest, professional, friendly and knowledgeable. He helped me build my Trust and Will in a straightforward, easy manner with thorough explanations of every detail. The process was streamlined and simple as Steve is a very approachable and friendly guy. I would (and already have) recommend his services for your Wills, Trusts, etc. Oh! And he’s VERY reasonable with his pricing structure. You probably can’t do better anywhere else in escondido.Thumbs Up and Five Stars! How much debt do you have to be in to file Chapter 7? There is no threshold amount that you need to reach to file a bankruptcy. Some chapters of bankruptcy have debt limits, but there is no such thing as a debt minimum. That being said, you certainly can and should evaluate if filing a bankruptcy makes sense in your current situation. I am looking for an ideal probate documents. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable probate documents. Steve Bliss and Sharon are amazing people. They are professional in every manner, on-time, accurate and responsive. Steve lays out the legal information in easy to understand terms and in manageable chunks of information. I have a legal plan but Steve never treated me or my spouse with any different. I greatly appreciated their tenacity and expertise to help us get our estate in order. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. Who Moderates or Handles the Whole probate Process?. The term “Personal Representative” is a global definition for either the executor, who is the person to administer the Will or the administrator who is nominated and is appointed by the court when a person dies without a will. How Do I help Finance My a Charity? Charitable Trusts can finance a foundation allowing your charity to survive and enable philanthropic endeavors. We have helped hundreds of people in your situation. How does asset protection trust work? An asset protection trust (APT) is a trust vehicle that holds an individual’s assets with the purpose of shielding them from creditors. Asset protection trusts offer the strongest protection you can find from creditors, lawsuits, or any judgments against your estate. I am looking for an ideal revocable living trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable revocable living trust attorney. We had a great experience working with Steve Bliss on our trust. He was very responsive, knowledgeable and professional. We also appreciated all the guidance on the next steps to follow. I highly recommend Steve Bliss for legal services. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate.