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Selecting A Probate Attorney In California FIRST STEPS INVOLVED IN THE PROBATE PROCESS SHOULD BE GETTING A PROBATE ATTORNEY (General information) MY LAW OFFICE PRACTICES PROBATE, ESTATE PLANNING, WILLS AND TRUSTS As a Probate Attorney one of my first duties is to obtain important information. The first and foremost question is whether there is a need for a probate proceeding. If all of the assets are in a living trust or joint tenancy, A-B trust, then the answer most likely will be no. However, if the deceased person has more than $100,000 of assets (this can be in form of real property) in his or her name alone, and there is no surviving spouse, or assets were not left to the spouse, then probate is necessary. The next question is, who will act as the executor? If the decedent left a will, he or she named someone in the will as executor. It can be one or more than one person. That person or persons do not have to live in California or be a United States citizen or resident. A friend or family member can serve, including all the children who would serve jointly, or a California bank or trust company may serve. No one has to serve if named. Also, the person named does not have to accept the responsibility and duties of an executor. It is not uncommon that the person named may decide not to serve. This may be due to age, health or just doesn't want the responsibility to do so. Sometimes it is just a matter of not having enough time to do so. If there is no valid will, then the nearest relative or relatives have the first right to serve or to nominate someone else to serve if they decide not to. If there is no will, the person appointed by the court is called an "administrator" not an executor. Occasionally, someone will die with a valid will, but the will does not name an executor, or does not specify an alternate executor and the person named is deceased or will not serve for example health reasons. Or possibly a bank is named but is unwilling to accept it since the estate is not large enough for the bank to make a profit for the time required. The court then normally appoints the nearest relative who inherits under the will. That person is referred to as an "administrator" with the will annexed. There are a lot of terms used in probate matters such as "executor" and "administrator". Your attorney will keep everything in order so don't let all of the legal terms confuse you. Just remember, "executors" and "administrators" all have the same duties once they get appointed even though their titles are different. One frequently asked question is, "how much do you charge?" . My fees are set by the probate court and most of the time there is no money down outside of the filing fee required by the probate court. I have been a family law attorney for more than 20 years and I am here to help you with the probate process from the start to the finish. My law office is conveniently located for all who reside in El Cajon, Lakeside, Santee, Alpine CA, Crest, Rancho San Diego, La Mesa, Lemon Grove. Call my office for a FREE consultation. If your loved one passed on in San Diego County and you live out of state, my law office can still represent you since the matter must be probated in the county where the deceased person resided prior to death. I also provide mobile and travel service for probate and trusts when my clients are unable to travel to my law office. The fee is reasonable. A public notary is available on site and can provide mobile notary services to sign documents when needed. If you desire to have a free consultation involving a probate matter or a probate representation, CALL: 619 447-670. Most people have heard of the word "probate" but very few really understand what it means. Over the years Probate has received a lot of bad comments. Not all estates need a Living Trust. When the estate is over $100,000 gross value you should think about having a living trust prepared for you. Let's face it, most of us want to avoid the hassle, time, and expense of this process. FIRST STEPS INVOLVED IN THE PROBATE PROCESS SHOULD BE GETTING A PROBATE ATTORNEY (General information)When someone dies, the first and foremost question is whether there is a need for a probate proceeding. If all of the assets are in a living trust or joint tenancy, A-B trust then the answer most likely will be no. However, If the deceased person has more than $100,000 of assets (this can be in form of real property) in his or her name alone, and there is no surviving spouse, or assets were not left to the spouse, then probate is necessary. The next question is, who will act as the executor? If the decedent left a will, he or she named someone in the will as executor. It can be one or more than one person. That person or persons do not have to live in California or be a United States citizen or resident. A friend or family member can serve, including all the children who would serve jointly, or a California bank or trust company may serve. No one has to serve if named. Also, the person named does not have to accept the responsibility and duties of an executor. It is not uncommon that the person name may decide not to serve. If there is no valid will, then the nearest relative or relatives have the first right to serve or to nominate someone else to serve if they decide not to. If there is no will, the person appointed by the court is called an "administrator" not an executor. Occasionally, someone will die with a valid will, but the will does not name an executor, or does not specify an alternate executor and the person named is deceased or will not serve for example health reasons. Or possibly a bank is named but is unwilling to accept it since the estate is not large enough for the bank to make a profit for the time required. The court then normally appoints the nearest relative who inherits under the will. That person is referred to as an "administrator" with the will annexed. There are a lot of terms used in probate matters such as "executor" and "administrator". Your attorney will keep everything in order so don't let all of the legal terms confuse you. Just remember, "executors" and "administrators" all have the same duties once they get appointed even though their titles are different.
If you need a probate attorney in San Diego County or in the El Cajon, Santee, Lakeside, Spring Valley, La Mesa, Lemon Grove , Alpine, Santee, Rancho San Diego, Chula Vista, or in the east county of of San Diego please contact my office to discuss your probate needs. Be sure to read the disclaimer for this website. This website is for informational purposes only. NO legal advice shall be construed by reading the information provided here or in the informational booklets/pamphlets. Buying any informational booklet does NOT create any attorney/client relationship. After a retainer agreement has been signed by the perspective client and attorney, then representation commences.DON’T WAIT UNTIL YOUR SITUATION GETS OUT OF HAND! For further Probate information and consultation C619 447-6780, Probate will not go away on it's own. Call Probate Attorney Casey for an appointment TODAY.
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