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A trust allows an individual or household to designate somebody else,usually a trusted daughter or son,to transfer property after they pass away without the need for a court order and the long and pricey procedure that is involved in acquiring a court order.
The time immediately following the death of a loved one is difficult In addition to the normal grieving process,there are other logistical issues that need to be dealt with,including commencing the probate process The Law Firm of Steven F.Bliss Esq.( +1 (858) 278-2800 ).
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San Diego Probate Attorney Since your signature is normally required to transfer assets in your name to a third party and being deceased you are no longer able to sign over your assets,the court then steps in and supervises the transfer of the assets and payment of the debts.
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San Diego Probate Law A living trust is a separate legal entity and has full legal authority on its own and thus can avoid the probate system entirely,can manage all of your estate distribution and management desires,can accomplish substantial savings on estate taxes,and can remain totally private so that no one knows your business except those persons that you want to have knowledge of your personal and financial affairs.
Close to 20 states impose their own estate taxes,and many of them tax estates that are valued at $1 million or larger San Diego Probate Attorney (858) 278-2800.
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You can find the full list in Probate Code ~8461External link icon As you may imagine,the surviving spouse or legal domestic partner is at the top of the list,with children as the second category,grandchildren as the third,and so on The Law Firm of Steven F.Bliss Esq.San Diego probate attorney A last will can also deal with the care of any minor children (or adult children with disabilities).
Your spouse will receive all the community property and either half or a third of the separate property depending upon how many children you have Steve Bliss Law ( +1 (858) 278-2800 ).
The more questions you answer with a “yes,” the more likely it is that you can wrap up the estate without a professional at your side A will has to be proven valid for a reason No one can take a will to the bank and demand that they give them all of the money because they need a court order San Diego Probate Lawyer Is the estate too small to owe either state or federal estate tax.
A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself San Diego Probate Attorney ( +1 (858) 278-2800 ).
A financial power of attorney authorizes someone you trust to act on your behalf in financial matters The Law Firm of Steven F.Bliss Esq.probate lawyer (858) 278-2800.
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A number of companies use a big variety of services depending on your household’s needs Steve Bliss Law probate attorney

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So,the term “personal representative” can refer to executors,administrators or,in the case of an incapacitated person,a conservator San Diego probate law probate attorney (858) 278-2800.
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For information about state taxes,including a list of the states that impose them,see “State Estate Taxes” Steve Bliss Law (858) 278-2800.
Steve Bliss Law Any portions of the estate that can’t be transferred more informally will likely have to be dealt with in probate court How the estate is dealt with will partly depend on whether the decedent died with a will or without one.
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A will has to be proven valid for a reason No one can take a will to the bank and demand that they give them all of the money because they need a court order.
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We have extensive experienced helping clients with these issues San Diego probate attorney 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
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These will allow the personal representative to carry out his or her duties in probating the estate San Diego Probate Law San Diego probate lawyer It’s best if no probate at all is required,but if that isn’t an option,figure out whether the estate can use “small estate procedures.
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A trust allows an individual or household to designate somebody else,usually a trusted daughter or son,to transfer property after they pass away without the need for a court order and the long and pricey procedure that is involved in acquiring a court order.
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For information about state taxes,including a list of the states that impose them,see “State Estate Taxes” Steve Bliss Law probate lawyer The first thing is to figure out who will be the representative of the estate If there is a will,the representative is the executor named in the will.
San Diego Probate Lawyer San Diego probate attorney A Living Will is an official record that signals your healthcare providers to your wishes and preferences regarding clinical treatments and life-support steps.
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The court grants the legal authority necessary to administer your estate to your executor if you have a will,or if you don’t have a will,the court will appoint an administrator for you,such as a family member or private fiduciary probate attorney ( +1 (858) 278-2800 ).
As part of the proceeding,you file an inventory and an accounting of the estate The Law Firm of Steven F.Bliss Esq.probate lawyer

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San Diego Probate Law As a general rule,in San Diego and most of Southern California,Probate can take anywhere from eight months to two years to complete depending upon the complexity of the case.
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As we have explained,there may be simplified procedures available,or it may have to be done formally in probate court Distribute assets based upon the arrangements in the estate plan Steve Bliss Law Not all executors,however,need to turn a probate court proceeding over to a lawyer or even hire a lawyer for limited advice If the estate that you’re handling and doesn’t contain unusual assets and isn’t too large,you may be able to get by just fine without a lawyer’s help.
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A Trust is unfunded and property remains outside of the Trust’s intended protection from the probate process.
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