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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
Do you have concerns about the possibility of Probate Court becoming involved with your estate or the estate of a loved one? The Lawyer In Blue Jeans Group focuses solely on Estate Planning and Probate Law. The unfortunate truth is that a great many of our El Cajon clients aren’t aware that when a loved one dies, Probate Court, almost always, becomes involved if no Living Trust exists.
It can be a shock for beneficiaries to discover that the estate of the deceased – those assets that were in his or her name – can be ‘frozen’ in Probate, and that would include savings, checking accounts, real estate, and a host of other assets. Bottom line: no potential beneficiaries can touch those frozen assets until the Probate process comes to a final ruling indicating asset division and distribution.
To add salt to the wound, Probate can drag on for a year or a number of years, leaving potential beneficiaries highly frustrated, furious, and resentful, especially when the costs associated with Probate come to light. Our team offers seasoned Probate experience to help families in El Cajon get through Probate safely and sanely. Our team, also, helps families bypass the Probate process, entirely.
Why is Probate Necessary?
“What is the purpose of Probate?” In a nutshell, Probate Court exists, partly, to analyze a decedent’s Will to determine its legitimacy. Probate Court will manage the deceased person’s Will or manage a decedent’s estate that has no Will. If a Will exists without a Living Trust, the Probate process, as mentioned, can drag on for years. A Will and a Living Trust are alike in that they can transfer an estate to heirs, but here’s the big difference: a Living Trust can, legally, skip Probate Court but a Will, on its own, cannot.
The Probate Nightmare – You can Avoid It
The time consumption and exorbitant costs associated with Probate Court don’t need to become your family’s nightmare after a loved one has passed. Our Probate Attorney team helps El Cajon families bypass Probate, entirely, through the creation of a Comprehensive Estate Plan which would include a Living Trust.
There are two choices: allow the Probate process to freeze assets, immediately, upon death or allow your selected agent to facilitate the transfer of your assets to take place, immediately, upon your passing. A Comprehensive Estate Plan is peace of mind knowing no waiting, stress, unnecessary expenses, court interference, and no complications are “lying in wait” to cause financial and emotional upheaval for those you love.
A Probate Attorney is Your Invaluable Ally
Our Probate Attorney team is, fully, readied to become your legal lifeline 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
One of the most costly mistakes is when one underestimates the challenges involved with Probate Court and chooses to handle the complexities without legal representation. Our team helps families in El Cajon minimize the mental and financial burdens the Probate process is known for.
Each Probate attorney from The Lawyer In Blue Jeans Group possesses an intricate understanding of drafting:
- 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