Burbank Probate Attorney
“Failing to plan is planning to FAIL.” - Ben Franklin
How To Avoid Court Intrusive Probate Process
“LA LAW Attorneys are dedicated to helping everyone pre-plan their estates to avoid the expensive, time consuming, and legal hassle of the probate process.”
LA LAW’s Estate Planning/Probate Attorneys do not wish to see anyone have to be involved the establishment of a court monitored Probate, but do have the experience to help you with this process to protect a loved one, if it is too late to take steps to avoid it.
How Can I Avoid Probate?
Probate is a public process that will show the estate and the beneficiaries. Avoiding this process requires pre-planning and this is simple compared to the process of closing an estate in Probate.
If a person does no planning and dies without a Will or Trust, the courts have a specific set of guidelines (called the rules of Intestacy) for distribution of assets based on a strict established order, which may not be what you may want. If there is a Will, the provisions of the Will can designate someone to manage your estate (an “Executor”) and dictate how your assets are distributed (after paying final expenses) upon death. This must be approved and validated by the courts and can be very expensive and time consuming.
Having a Revocable Trust in place can help avoid Probate, because at the time of your death, all of your property is legally owned by the trust, not in a personal estate subject to probate. Your “Successor Trustee” does not have to go to court, and does not necessarily need the services of an attorney.
Setting up a Trust and putting all of your assets in that Trust will avoid Probate. The LA LAW Estate Planning Attorneys help you plan what type of Trust is right for your family situation and amount of assets.
A trust helps you avoid Probate because all of your assets will be held by the Trust, so your assets are no longer in your name. At the time of your death your assets not legally part of your estate. Your final wishes for distribution to beneficiaries are in written the Trust and assigned to your trustee to distribute, so there is no need for court interference or public recording.
Assets that have proper death beneficiary designations, such as life insurance, IRAs, qualified retirement plans and some annuities will avoid Probate.
Joint tenancy and re-titling of assets will avoid Probate. If you add your spouse or children to the title of your home and bank account as co-owners, the property avoids Probate.
The real estate property can also be titled as Community Property and left to the surviving spouse through of the Superior Court. This is an easy way to pass along property to the surviving spouse, but you can not do this to any one else. There are many tax planning strategies that should evaluated before you make a final decision on the best way to avoid Probate.
We are proud to be a part of the complete solution to your family’s crisis, not just the lawyers that create the legal documents. We understand the issues surrounding the care of aging loved ones and what it takes legally to meet your needs and goals, while giving your family the peace of mind that your loved ones are getting the best care possible in a complex and confusing situation.
Please contact our office for a free initial consultation with Joseph McHugh, a California Elder Law Attorney. Or you may wish to call our office or check our web site for the date of our next free public class or workshop to learn more about elder law and the legal ways you can stay in control of your assets and your life!
Best Advice- Seek Experienced Legal Counsel!
If you are facing a death of a loved one or friend that does not have legal documents in order and may pass away leaving the estate to be closed by Probate, it advised to seek experienced legal counsel. The LA LAW Probate Attorneys have the knowledge to make this as easy as possible and ready to help you understand your options and then begin this process if it can not be avoided.
After a thorough review of the best strategies to expedite the Probate process, one of our Probate Attorneys will review your situation, discuss the scope of work and the statutory probate fees (court ordered set fees – see the Probate Administration link on this page for details), and upon your approval, LA LAW Center’s staff will guide you through the process of closing an estate with Probate.
Our Law Office is located in Southern California; however, our Probate Attorneys serve many clients throughout the state and love an occasional road trip to help all of our clients, their family and friends.
If we can not handle your case, we will give you a qualified referral to an attorney in your area.
We are very proud of the many personal and professional referrals we receive from happy clients and colleagues. Please contact our office today to schedule a free 30 minute consultation.
Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services.
Call us at: (818) 241-4238