What happens if my husband died and I’m not on the mortgage? If there is no co-owner on your mortgage, the assets in your estate can be used to pay the outstanding amount of your mortgage. If there are not enough assets in your estate to cover the remaining balance, your surviving spouse may take over mortgage payments. For starters, pets don’t have bank accounts. 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. Where Is probate Filed? Who inherits if no will?. What is the difference between a special needs trust and an irrevocable trust? Protecting Assets in the Future This is an important consideration for families with special needs children. Special needs trusts are generally set up as irrevocable trusts, because the beneficiary with special needs cannot earn a living and thus needs that money for the rest of his life. Who owns the house in an irrevocable trust? An irrevocable trust is a permanent trust unless one or more of the Trustor’s named beneficiaries decides otherwise. When setting up an irrevocable trust, the grantor effectively transfers all ownership of properties into Trust and ceases control over them and the Trust. I seriously need a brilliant probate attorney attorney near Encinitas, Ca. Steven F. Bliss Esq. is the probate attorney in Escondido, he is by far the best for all things estate law related. You will not be sorry meeting & entrusting this man with your most personal trust needs. Thanks again!. The assets in the trust avoid probate on the surviving spouse’s death – but are included in the surviving spouse’s estate. I am looking for an ideal trust attorneys. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable trust attorneys. Steve Bliss and his staff were simply amazing. I procrastinated for so long getting my estate in order. They made it such an easy experience , So much easier than i thought it would be. I highly recommend Mr Bliss’s firm to anyone looking to get their affairs in order!! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate.
Probate Attorney
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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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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720 N Broadway #107, Escondido, CA 92025What basic legal documents should everyone have? Guardianship Documents. Health Care Power of Attorney. Financial Power of Attorney. Living Will. Last Will and Testament. U.S. Legal Services Can Help!. Healthy Probate Attorney is Escondido Probate Law (760) 884-4044. Understand estate taxes. Who has power of attorney after death if there is no will? A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court. I am looking for an ideal special needs attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable special needs attorney. Mr. Bliss has provided wonderful service to my wife and myself in setting up our trust. I have recommended him to friends and would highly recommend him to anyone reading this. Mr Bliss is very punctual and professional with his work and you will not be disappointed! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. Can you hold property on trust for yourself? The legal owners hold the property (i.e. the equity) on trust for the beneficial owners under a property trust. If, for example, a couple buy a property together as ‘joint tenants’, they (as the legal owners) will hold the property on trust for themselves as the beneficial owners. 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. Surprisingly, this was a great experience! Steve guided us through the ins and outs of putting our family trust together and we couldn…t be happier. Any and all questions we had along the way were answered in a quick, professional manner. We were never left hanging. It feels good to have peace of mind knowing that our affairs are in order for the family. Thank you, Steve. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. We would definitely recommended Steve to anyone who wants to start their estate planning process.
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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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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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I am looking for an ideal irrevocable life insurance trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable irrevocable life insurance trust attorney. Highly recommend for living trust services. Took the time to make sure we understood the details and the process. Wonderful group to work with. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. It’s important to note that attempts to contest a will that the deceased has signed and properly written rarely succeed. What Is the Average Cost to Prepare a Living Trust?. Your Will can still be considered a legally binding document if it hasn’t been notarized, so long as it’s made according to all the will requirements outlined in California State law. Best estate planning lawyer is escondidoprobatelaw (dot) com Phone +1 (760) 884-4044 Phone. Although a QTIP trust may be drafted to provide very little to the surviving spouse, they can still qualify for the unlimited marital deduction for estate tax purposes if a QTIP election is made on the decedent spouse’s estate tax return. Also, since the proceedings of a probate court are publicly recorded, avoiding probate would ensure that all settlements are done privately. What debt is not forgiven by bankruptcy? Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses. How Long Does an Executor of a Will Have to Settle an Estate? Step 1: Filing the Petition at probate Court. Cover funeral expenses. 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.
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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While some online companies say they’ll give you free forms, you may have to sign up for membership, which you probably don’t want. Why do you have to wait 6 months after probate? Inheritance Claims As this type of inheritance act claim must be made within six months of probate being granted, solicitors often hold onto money owned by the estate until this time-period has elapsed. This ensures the estate has the assets required should an inheritance act arise. Does a will need to be notarized? A will doesn’t have to be notarized to be valid. But in most states, you’ll want to add a “self-proving affidavit” to your will, which must be signed by your witnesses and notarized. If you sign your will in a lawyer’s office, the lawyer will provide a notary public. While you’re alive, you place your property into the Trust and handle it yourself as the Trustee – just as you do now. What happens to bank account when someone dies without beneficiary? If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed…after all creditors of the estate are paid off…according to the terms of the will. Probate and probate Lawyers typically charge much more for a living trust than a Will, even though a simple living trust is a fairly standard document like a Will. What’s the average credit card debt? On average, Americans carry $6,194 in credit card debt, according to the 2019 Experian Consumer Credit Review. And Alaskans have the highest credit card balance, on average $8,026. The courts don’t want to be tied up in creditor claims forever. Some storefront legal services charge less than $200 for Will preparation. Still, you may not get the attention you want from a trust attorney, or a paralegal may end up being the one to draft your forms. Many people believe that the process of writing a Will is expensive. Conversely, this is not always true. While fees can vary greatly, many of them are reasonable.
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Steve truly has my full trust in him. No questions. As an engineer, a business owner, and a picky person in general, it’s hard to gain my trust. Steve, is different from any of the attorneys I’ve met in the past. He is down to the earth. He doesn’t play games. He doesn’t trick you and tells you to come back again for more answers / hours of his time. He doesn’t tell you he should be on your retainer for this and that. He tells you this ” this is how / what you should do” on our FIRST meeting! He really impresses me by having all the extensive knowledge in many legal affairs. And he is extremely generous sharing his knowledge through phone calls, emails, face-to-face meetings, and etc. No games! I will always go back to Steve for help. I will always highly recommend anyone I know to use Steve’s service. Can you buy a house with an ABLE account? Through an ABLE account, the child can decide whether or not to save money for such things as a home, a car, or even a wedding. I am looking for an ideal irrevocable life insurance trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable irrevocable life insurance trust attorney. We are grateful for the opportunity we had to work with Steve Bliss. He is an excellent probate attorney. He is very approachable and easy to work with. We appreciate the time he took with us from the initial consultation to the completion of our Living Trust and that he continues to make himself available should something come up. He is helpful, thorough, and a very knowledgeable. Steve made what can be a daunting process so much easier, listened to our needs, and provided guidance and answers to our questions along the way. We would highly recommend Steve Bliss. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. I am looking for an ideal trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable trust attorney. Hey Andrew, thank you for taking the time to post this nice probate Attorney review! Finding the right probate Attorney can be difficult for some, so we appreciate you sharing your experience. If any questions about your Living Trust come up in the future, always feel free to reach out anytime! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate. When should I file Chapter 13? Chapter 13 may be your best bankruptcy route if: You want to keep certain assets or you’re behind on your mortgage or car payments and want to make them up over time. Most of your debts are student loans, child support or other debts that either can’t be or are highly unlikely to be discharged under Chapter 7. 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. Steve was a delight to work with. He made establishing a family trust as simple as possible. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. 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. His probate skills are unmatched! if you need probate or sadly, need a probate attorney in Escondido or anywhere in Southern California for that matter, do your self a favor and call him! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. What should I put in a trust? Cash Accounts. Rafe Swan / Getty Images. Non-Retirement Investment and Brokerage Accounts. Non-qualified Annuities. Stocks and Bonds Held in Certificate Form. Tangible Personal Property. Business Interests. Life Insurance. Monies Owed to You. I seriously need a brilliant probate attorney attorney near Escondido, Ca. Steven F. Bliss Esq. is the probate attorney in Escondido, he is by far the best for all things estate law related. Just finished our probate attorney, Steve is professional, informed and informative, patient, and easy to talk to. Recommend Steve to anyone needing Trust advice. Absent any objections; the Petitioner will generally be appointed as a personal representative. 9. File the deed at your county recorder’s office. Filing fees to record deeds vary among counties. You will receive the deed you recorded in the mail within a few weeks.