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What is a Living Trust?
Revocable Living Trusts, also referred to as revocable inter vivos trusts (“inter vivos” is Latin for “between the living”), are an increasingly popular way to hold title to assets and avoid the Probate Court process. It is anticipated many more Americans will use a Revocable Living Trust in the years ahead.Read More
What is in a typical Estate Plan?
When one has an Estate Plan, and more specifically, a Revocable Living Trust, it is important that that Estate Plan be administrated. In other words, an administrator is the person that is nominated in the Living Trust document to manage the Trust.Read More
What is Probate?
Due to the fact, at least in the state of California, if you own real estate, you will be required to court-supervised Probate. Probate is a lengthy, costly, bureaucratic, court process, which the majority of Californians will have to go through. There is an option to avoid Probate, and that is the Estate Plan which would include a Living Trust.Read More
What is Estate Planning
Do you need Estate Planning?
What is Probate
Welcome to The Lawyer In Blue Jeans Group – a San Diego-based law firm where seasoned Probate attorneys help Bonita families navigate the complexities of Estate Planning and Probate Law. There is nothing that requires you to hire a Probate attorney, but by not doing so, Probate proceedings involving a decedent’s estate can become very costly and time consuming.
During Probate, any real-estate, bank accounts, and other assets that belonged to the deceased will be seized by the state and remain frozen until the Probate Courts determine proper asset distribution. There are so many questions you may be asking yourself concerning Probate, and perhaps the first question might be, “What is it?”
What Is Probate?
Probate is a court process that can be very 1) expensive 2) lengthy and 3) bureaucratic. The truth is, most residents of Bonita will, some day, be faced with mandatory, court-supervised Probate only because steps were not taken, ahead of time, to avoid the Probate process.
The good news is, our Probate attorney team can discuss how you can avoid Probate through an Estate Plan which would include a Living Trust. If a person does not have a Living Trust, the Probate process begins as soon as the person, who owns the estate, passes.
Knowing what happens during the probate process is critical, and it can feel very overwhelming for those who must resign themselves to Probate procedures where no Living Trust had been, previously, established. If only a Will exists, Probate can take a year or more for heirs to be granted their portions of the estate.
During that span of time, frozen bank accounts, real-estate, and other assets remain unavailable to the deceased individual’s family and inheritors. The estate is held in a kind of limbo where debts are settled, tax issues are addressed, and bureaucratic red-tape becomes the norm.
Why Hire a Probate Attorney?
Those in Bonita have the advantage of our attorney team’s expertise in the area of Probate Law. The Lawyer In Blue Jeans Group specializes in estate planning and Probate proceedings – it is our niche discipline.
You want to ensure your hard-earned money, property, and other assets are distributed to those closest to you, as soon as possible. Our Probate attorney team will give you peace of mind by protecting your family’s future so you can fully enjoy the present.
We also help those in Bonita who are executors, administrators, or personal representatives of an estate, to navigate the Probate process. If a deceased individual owned assets or real estate in more than one state, the complications become multiplied – put your concerns on our shoulders!
A Probate attorney from our law firm can prove to be a welcomed and valuable asset to help determine:
- The mental capacity of the decedent at the time the Will was drawn up
- Accusations involving undue influence or manipulation, elder abuse, or deception regarding the deceased’s decision to leave assets to a certain person or persons
- The value of any property or assets included in the estate
- Whether the executor correctly executed the Will
- Possible commingling of estate and personal assets
Our calming, professional guidance can help mitigate these situations, paving the way for the entire experience to proceed as smoothly as possible.
Avoid the Biggest Mistake of All
The biggest mistake you could make during this trying time is attempting to handle Probate details on your own. You might discover, very quickly, that you are over your head with stress, additional expenses, and loss of personal time that turn into a minefield of confusion and exasperation. That can all be avoided with a Probate attorney on your side.
Families in Bonita trust our law firm’s in-depth knowledge concerning Probate matters of all types. The best way to avoid Probate is to include an experienced Probate attorney who has a comprehensive understanding of drafting up:
- A proper Estate Plan that includes a Will
- A Revocable Living Trust
- An Advance Healthcare Directive
- A Durable Power of Attorney
3990 Old Town Avenue
San Diego, CA 92110