Does my mum have to sell her house to pay for care? If you’re a temporary resident in a care home, you won’t need to sell your home to pay for your care. If you’re still living in it, the value of your home isn’t included when working out how much you have to pay towards your care. 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. I needed a probate lawyer after realizing I was completely overwhelmed with proper steps that needed to be taken. I was completely stressed and didn’t know what to do next. He was able to understand what was going on and take the stress off my shoulders. I feel like I can breathe again. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. Steve is knowledgeable and cordial. He made the Estate planning process easy. In that case, the compensation provided in the Will shall be the only compensation for the services of that Executor. Notwithstanding, all trusts are either revocable or irrevocable. If you choose a revocable trust, you’ll be able to change its provisions. But you won’t be able to do the same with an irrevocable trust. When you sign up for this kind of trust, you transfer ownership of your assets to another individual or trustee. Steven makes a complicated topic very easy to understand. Straightforward and reasonable!. Generally, the Executor of a will cannot take everything. I am looking for an ideal probate lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable probate lawyer. The Law Office of Steven f Bliss is a rare find now days. We came in ready to spend a few thousand dollars, but Steve Bliss was very professional and honest and had done the work for $500. It was truly amazing. Steve Bliss is a jewel in today’s world, and his integrity and knowledge sets him apart as the best lawyer you can find. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. Steven has been our trust attorney for 2 generations. He is very client protective. He will tell it like it is no sugar coating. He is uniquely affordabe, and takes his time to answer questions to make you at ease. I highly recommend him and his staff. Under California probate Code section 10800, the Executor, Administrator, or Personal Representative typically receives statutory compensation based on California law calculated in the following manner:
4% on the first $100,000;
3% on the next $100,000;
2% on the next $800,000;
0% on the next $9M;
5% on the next $15M; and
As determined by the court, a reasonable amount for all amounts above $25M. Very helpful!!! I am grateful for choosing Steve Bliss to help me with my bankruptcy questions. Notably, notarizing a will prevents fraud by proving its authenticity. Is An asset Preservation trust a good idea? There are a number of pros to using this type of trust: Important in probate to preserve family wealth. You will have to give less to the local authority and there may be less inheritance tax implications. In terms of preserving the value of your estate, money in trust will be risky than gifts to children.
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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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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Does the executor of a will get paid? Executor fees are charged on the gross value of the deceased estate’s assets which includes all property that the individual had, or was due to him, at his death. What is the difference between Chapter 7 11 and 13? Chapter 11 bankruptcy is a business reorganization plan, often used by large businesses to help them stay active while repaying creditors. Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period. 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. His rates are fair and I would recommend Steve Bliss to anyone! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. The Trustee exercises complete discretion regarding when, how, and how much the Beneficiary is to receive. Steve is highly experienced and makes the family trust process easy and stress free. Everything is pre-organized, simplified and covers everything you request so that your heirs don’t struggle when the time comes. We enjoyed working with Steve and like his straight forward approach. He will steer you clear from potential problems. Can executor Use deceased bank account? Once a Grant of probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will. If you find yourself in that position, a spendthrift trust may be the solution; let’s see how a spendthrift trust works. A will has to be proven valid for a reason. Tax issues: When settling the estate, it’s crucial to determine your tax liability to the federal government and the state where you live. The surviving spouse can typically inherit an unlimited amount of assets at the national level without paying the federal estate tax. Still, you may need to consult an attorney with knowledge of federal probate law and probate law governing the state in which you live. Also, consider drafting a will. Given the complexity of probate laws, a will is likely to provide you with greater control over how your assets are bequeathed to heirs. However, these assets are subject to probate.
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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At her death, whatever is left in the Trust shall be distributed to his children. By structuring his estate plan this way, he provides the necessary support for his wife during her lifetime but ensures that anything remaining goes to his children. How much does it cost to put your house in trust UK? Generally, a Property Trust Will costs between £350 and £500 plus VAT. It will cost more for couples registering together than it does for individuals. Usually, this is a fixed fee – a one-off payment for the setup and registration of the plan. Hiring an attorney to prepare your Will makes the most sense. It will save your family time and money. And the heartache of disputes if you were to die and not leave clear instructions on who is to get what. When properly created and funded, a trust is usually an easier, faster, and less expensive way to pass your assets to your beneficiaries, especially if minor children are involved. Steve Bliss and his firm were absolutely wonderful to work with for my estate planning. Steve and his team are all very professional, friendly and very knowledgeable. Steve walked me through the family trust process, gave me tools to help get my wishes prepared and written out just as I wanted. I know that upon my passing, my executor will have the trust and Steve Bliss and his firm to help carry out my wishes for my family. I highly recommend this firm for any estate planning!. Steve helped me with a complicated inherited Trust and was able to simplify the whole process and make me feel at ease. He’s very knowledgeable and provided a lot of good advice. I am looking for an ideal irrevocable life insurance trust lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable irrevocable life insurance trust lawyer. Do you own a home in Escondido, and are in the need of probate? I just happen to have the greatest experience working with Steve Bliss in Escondido! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate. I seriously need a brilliant probate attorney attorney near San Marcos, Ca. If I were you, I would look into calling probate attorney attorney at ‘Escondido Probate Law’ in Escondido. I appreciated how Steve was able to make this entire process quick and helped me simplify a process that would seem cumbersome. What are the 9 debt types? Secured Debt. To understand secured debt, it might help to put yourself in the shoes of a lender. Unsecured Debt. There’s no need for collateral when a debt is unsecured. Revolving Debt. Installment Debt. Debt Categories and Credit. Since a life insurance policy is considered an investment and an asset, it will be included within your estate after your death.
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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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A surviving spouse can collect 100 percent of the late spouse’s advantage if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before they reached full retirement age. To avoid having your life insurance proceeds taxed, you can create an irrevocable life insurance trust. Typically, this will amount to paying off debts and transferring bequests to the beneficiaries according to the terms of the Will. Will I get a tax refund while in Chapter 13? Tax Refund Assets in Bankruptcy A tax refund is an asset in both Chapter 7 and Chapter 13 bankruptcy. It doesn’t matter whether you’ve already received the return or expect to receive it later in the year. That’s what revocable means. This is a legal document that you can change as your life changes. What is the best age to set up a trust? Before 40: Wills and Trusts For many people, this will happen in their thirties. But if you’re someone who bought a house earlier or has accumulated wealth before then, you may want to start in your twenties. probate documents should outline your plan for these assets once you’re gone. Although it’s not necessary for you to have two witnesses to draft a holographic will, it can be helpful to have them. For example, it can protect from debt collectors and can also, in some cases, allow an estate to save on its estate taxes. I am looking for an ideal charitable trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable charitable trust attorney. Hi Debbie, thank you very much for the review! Finding the right probate Attorney can be difficult for some, but we’re happy to hear that we delivered a great experience for you as well as an up to date plan to protect your family. If you or Lia need anything in the future, please feel free to reach out anytime! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. By definition, a revocable trust is a living trust established during the grantor’s life and may be changed at any time while the grantor is still living. 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.
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What is the difference between a will and a trust? A will is a legal document that spells out how you want your affairs handled and assets distributed after you die. A trust is a fiduciary relationship in which a trustor gives a trustee the right to hold title to property or assets for the benefit of a third party. An experienced trust attorney will ensure no unnecessary delays in your case and represent you in court. Step 1: Filing the Petition at probate Court. How do you avoid inheritance tax? Make a will. Make sure you keep below the inheritance tax threshold. Give your assets away. Put assets into a trust. Put assets into a trust and still get the income. Take out life insurance. Make gifts out of excess income. Give away assets that are free from Capital Gains Tax. I am looking for an ideal trust administration attorneys. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable trust administration attorneys. My husband and I worked with Steve on our trust and were very happy with his services. Steve is easy to work with, knowledgeable, pleasant and efficient. Plus, his price was very reasonable. I would highly recommend him! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate. I seriously need a brilliant estate lawyer lawyer near Ramona, Ca. Steven F. Bliss Esq. is the estate lawyer in Escondido, he is by far the best for all things estate law related. Steve is a fantastic, affordable and honest lawyer. I highly recommend him. He gets the job done well and fast. Sometimes that is an acceptable answer to the Court. I am looking for an ideal trust attorneys. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable trust attorneys. Great experience. Steven made it a fast and easy process! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate. You may also want to take into consideration these drawbacks:
No Asset Protection: A revocable living trust does not protect assets from the reach of creditors.
Administrative Work is Needed – It takes time and effort to retitle all your assets from individual ownership over to a trust. All assets that are not formally transferred to the trust will have to go through probate. Transferring titled property to the trust can take time and effort on the front end.
Difficulty Refinancing Trust Property: A property held in a trust can sometimes be more challenging to refinance.
No Tax Benefits: Despite a common misconception, a living revocable trust does not shield assets from either income taxes or estate taxes.
. What will they take in Chapter 7? A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start. Steve is very knowledgeable, to the point and his work reflects the same. He went above and beyond to make sure I had everything protected, and I’m confident that I would be well represented, if ever I should need legal help. If you are looking for the right advice and want to keep your Family Trust, Deeds, Will, advanced health directive, power of attorney etc., simple and straight forward, I would highly recommend Steve.