A will is only a piece of paper signed by a deceased person, and at the time the first one is found, we don’t even know if the person had three or four wills drawn up. Steve did a phenomenal job with my family trust??We did the entire process via Zoom, during COVID, and everything was flawless. In the end, my husband and I went in person to sign the final documents. Steve was professional, organized, thorough, humorous, and efficient. I recommend Steve to anyone who needs legal services that he offers. Does a will override a trust? Regardless of whether the trust is revocable or irrevocable, any assets transferred into the trust are no longer owned by the grantor. In such cases, the terms of your trust will supersede the terms of your will, because your will can only affect the assets you owned at the time of your death. Steve Bliss and his team are amazing! Steve Bliss took the “sting” out of discussing death, he is straight forward, practical and kind. My Trust was established in a few simple steps, which gave me an unexpected feeling of peace. The executor has to estimate the estate’s value by using either the date of death value or the alternate valuation date, as specified by the Internal Revenue Code (IRC). Can a Personal Representative Decide to Opt-Out of their Duties? An executor or administrator can resign by requesting that from the court. Then the court will appoint a new executor or administrator, although I have not seen that happen, since the amount of money that person will make is enough to make them bite the bullet and get the job done. Would you turn down $13,000 for what is not a horrible job to do? Most people won’t. For more information on Personal Representative In An Estate Plan, a free initial consultation is your next best step. Get the information and legal answers you seek by contacting Steve Bliss today. A Revocable Living Trust allows you the freedom of knowing that your assets and loved ones are protected now and later down the road. What are the Four conditions to make a will valid. I am looking for an ideal probate attorneys. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable probate attorneys. My wife and I had a complex bankruptcy, and Steve Bliss made the entire process go very smoothly. Steven was dedicated to championing our case – patient, perseverant and creative. He did an excellent job managing all aspects of the process and keeping us informed and well prepared for our Trustee conferences. To anyone faced with having to go through bankruptcy like we were, I highly recommend Steve Bliss!! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. How much can you inherit without paying taxes in 2020? In 2020, there is an estate tax exemption of $11.58 million, meaning you don’t pay estate tax unless your estate is worth more than $11.58 million. (The exemption is $11.7 million for 2021.) Even then, you’re only taxed for the portion that exceeds the exemption.
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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.
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Assets in an irrevocable trust won’t count against you or a beneficiary for purposes of qualifying for certain government benefits, including Medicare, Medicaid, and Supplemental Security Income. Upon death, a probate proceeding is not always required but is usually essential when a deceased person’s remaining estate is highly valued. What is probate in simple words? probate in simple terms refers to the passing assets / investments down from one generation to another. You decide how much of your estate – be it property(s), car(s), personal accolades, financial investments, etc. – you want to pass on to whom and how, after your demise. Nevertheless, an executor has the authority of the probate court to manage the estate’s affairs. Dazzling estate planning lawyer near me is Escondido Probate Law 720 N Broadway #107, Escondido, CA 92025. How a Family Trust Works. I am looking for an ideal special needs trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable special needs trust attorney. Steve was very helpful and knowledgeable on preparing our wills and trust. He was very good at simplifying what we thought was a very complex process. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. I am looking for an ideal spendthrift trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable spendthrift trust attorney. We had a great experience with Mr.Bliss. He was very professional and made the process easy to understand. Our trust was created quickly and efficiently! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. Steven is very knowledgeable and friendly, he made the entire process as easy as possible. You may hear the word “estate” and think of mansions and sprawling grounds, but you don’t have to be wealthy to have an estate. An estate consists of all the property a person owns, including real estate, cars, cash, and other assets. Anyone who wants their assets transferred to one or more surviving loved ones after they pass away should consider establishing a formal estate plan. Whom shall be your children’s guardian, be an executor to oversee the estate plan process, and have a power of attorney?. I seriously need a brilliant estate lawyer lawyer near North Broadway in Escondido, Ca. I would call Steve Bliss, he is an excellent estate lawyer.My wife and I recently had Steve Bliss handle our estate lawyer needs. We have been impressed throughout the process with the professionalism and courtesy exhibited by everyone in his office.
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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Can the executor of a will take everything? An executor of a will cannot take everything unless they are the will’s sole beneficiary. However, the executor cannot modify the terms of the will. As a fiduciary, the executor has a legal duty to act in the beneficiaries and estate’s best interests and distribute the assets according to the will. The beneficiaries of the marriage trust may be the same or different than those of the family trust. I seriously need a brilliant probate attorney attorney near Country Club, Ca. If I were you, I would look into calling probate attorney attorney at ‘Escondido Probate Law’ in Escondido. Steve is great to work with. Very friendly, knowledgeable and straight forward. Thank you for making the process of setting up our family trust so easy!. Make your end-of-life wishes known regarding organ and body donation and disposition of your body…burial or cremation. Typically, the executor is a financial advisor. 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. Once that is completed, and a person is appointed as executor or administrator, that personal representative will notice all the creditors that the person is deceased and tell them they need to file their claims if they want to get paid. How long does it take for a trust to be distributed after death? Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs. I am looking for an ideal asset protection trust lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable asset protection trust lawyer. Mr. Bliss made the process of creating and implementing a revocable living trust very painless. Highly recommended! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. To execute a living trust after death consists of attending to the wishes of the trustor/grantor on burial wishes, etc. How long do you have to file probate after death in California? California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
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I am looking for an ideal charitable trust lawyer attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable charitable trust lawyer attorney. Steven prepared my family trust efficiently and professionally. Very happy with the end result. Could not ask for anything more. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. I am looking for an ideal living trust lawyers. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable living trust lawyers. As we walked out of his office, we felt an incredible sense of relief. We now had the specific tool we needed to move forward, and Attorney Bliss assured us that he would assist us in the legal process ahead. We wholeheartedly add our 5-Star review to the myriad of others that have been submitted in his behalf. He is the best of the best! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. I seriously need a brilliant probate attorney attorney near Twin Oaks Valley, Ca. Steven F. Bliss Esq. is the probate attorney in Escondido, he is by far the best for all things estate law related. I’m shouting to the world! EVERYONE needs a probate attorney! My research proved correct. Steve Bliss gave us the best value for a completely custom trust. I have, and will continue to, recommend him to my friends and family. It can also lay out your wishes regarding how your children will care for after your death. Other examples of legal entities are corporations, limited liability companies, and partnerships. What makes a living trust unique is the ability of the trust’s creator to maintain control over the management and distribution of the assets in the trust during their entire lifetimes and for many years after their death. Upon the maker’s death, all the trust property will pass to the beneficiaries named by the maker in the Trust upon the terms and conditions that the maker chose. How soon after filing Chapter 7 can I buy a car? Getting a Car after Chapter 7 If yours was a Chapter 7 bankruptcy, that usually takes 4 to 6 months to complete. You should receive notice of your discharge roughly 90 days after your 341 meeting of creditors. After you get this notice, you can get a loan for a car. Do trust funds get taxed? Trusts are subject to different taxation than ordinary investment accounts. Trust beneficiaries must pay taxes on income and other distributions that they receive from the trust, but not on returned principal. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements. Typically, the executor is a financial advisor. A death benefit payout to your Estate can mean they don’t get the full death benefit – or any of it at all. I am looking for an ideal living trust attorneys. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable living trust attorneys. Top notch wills and probate attorney. Not one of those guys who are trying to overcharge or upcharge. Just a knowledgeable guy who has experience and will be straight with you. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. I am looking for an ideal living trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable living trust attorney. Hey Sun! Finding the right Escondido probate Attorney can be a tough task for many families, so we appreciate you sharing your experience! It was our pleasure working with you to update your Living Trust and get a better plan in place for you and your family. Knowing that you now have peace of mind in knowing your plan will actually work (and that you understand why) is the best compliment we can get, so we thank you very much! If any questions come up, big or small, feel free to reach out anytime. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney.
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Who owns the property in a revocable trust? With a revocable trust (or grantor trust), the grantor owns the trust property. What are the primary objectives of bankruptcy? The objectives of bankruptcy law are varied and evolve over time and situation. Eradicating and punishing bad debtors and guaranteeing payment to creditors are traditional goals. Ensuring the survival of the company and preventing difficulties are modern goals. What is income limit for Chapter 7? If your annual income, as calculated on line 12b, is less than $84,952, you may qualify to file Chapter 7 bankruptcy. If it’s greater than $84,952, you’ll have to continue to Form 122A-2, which we’ll review in the next section. It should be noted that every state has different median income calculations. Steve Bliss is a wonderful attorney, always in your corner, with excellent knowledge of his profession. I would recommend him to anyone. Barbara Do they take everything when you file for bankruptcy? Most Chapter 7 bankruptcy cases are what is called “no-asset” cases, which means everything the filer owns is protected through bankruptcy exemptions. Exemptions are specific to where cases are filed and vary by state law. Exempt property can’t be taken from the filer. I am looking for an ideal generation skipping trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable generation skipping trust attorney. Called to discuss some basic info. Receptionist/ lady who took my call refused to talk to me and tried to refer me out before any information could be discussed For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. I seriously need a brilliant estate attorney attorney near North Broadway in Escondido, Ca. If I were you, I would look into calling estate attorney attorney at ‘Escondido estate Law’ in Escondido. Steve Bliss made the entire process of making a Trust/Will extremely painless. We previously met with another attorney who had numerous forms to fill out for more than double the amount. Your mortality is not something that you want to think about and generally you put off doing a Trust/Will because of the fear of the unknown. We are very grateful to Steve for taking away the fear and making this effortless on our part. We would recommend him to anyone. What type of will Cannot be contested? A revocable living trust allows you to place all of your assets into a trust during your lifetime. A trust does not pass through the court for the probate process and cannot be contested in most cases. How do you cash a deceased person’s bank account? Many banks allow their customers to name a beneficiary or set the account as Payable on Death (POD) or Transferable on Death (TOD) to another person. If the account holder established someone as a beneficiary or POD, the bank will release the funds to the named person once it learns of the account holder’s death. Splendid Probate Lawyer is Escondido Probate Law 720 N Broadway #107, Escondido, CA 92025.