who is the youngest lawyer that does the most probate cases in santa clara county

by Dr. Aurore Zboncak Published 2 years ago Updated 1 year ago 5 min read

How long does probate take in Santa Clara County?

How long does probate take? 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.

What does a probate lawyer do in California?

Essentially, a probate lawyer directs the executor of will or beneficiaries of an estate through the probate process, whether that be with identifying estate assets and beneficiaries to distributing assets and inheritances.Feb 23, 2022

What are the advantages of a trust over a will?

Most of the advantages of having a revocable living trust compared to a Will involve avoiding probate and making the process of transferring your assets to your beneficiaries easier, faster, and more affordable.

Are trusts public record in California?

A trust is not a public record. So, the general public or anyone who is not a beneficiary does not have a right to know about the assets in your trust.

How much does an estate have to be worth to go to probate in California?

In California, if your assets are valued at $150,000 or more and they are not directed to beneficiaries through either a trust plan, beneficiary designation, or a surviving spouse, those assets are required to go through the probate process upon your incapacity or death.Feb 15, 2017

How long do you have to file probate after death in California?

How Long Do You Have to File Probate After Death in California? According to the California Probate Code, the executor must file the will within 30 days of the person's death.

What assets Cannot be placed in a trust?

Assets That Can And Cannot Go Into Revocable Trusts

Real estate. ...
Financial accounts. ...
Retirement accounts. ...
Medical savings accounts. ...
Life insurance. ...
Questionable assets.

Jan 26, 2020

Do bank accounts need to be in a trust?

Trusts and Bank Accounts

You might have a checking account, savings account and a certificate of deposit. You can put any or all of these into a living trust. However, this isn't necessary to avoid probate. Instead, you can name a payable-on-death beneficiary for bank accounts.

What are the disadvantages of a trust will?

The major disadvantages that are associated with trusts are their perceived irrevocability, the loss of control over assets that are put into trust and their costs. In fact trusts can be made revocable, but this generally has negative consequences in respect of tax, estate duty, asset protection and stamp duty.

Do beneficiaries get a copy of the trust in California?

Under California law (Probate Code section 16061.7) every Trust beneficiary, and every heir-at-law of the decedent, is entitled to receive a copy of the Trust document. So all you have to do once your parents are gone is request a copy of the Trust from whomever has it.Oct 4, 2018

What happens to house in trust after death?

On the death of the first partner, the deceased partner's share of the house is left to chosen beneficiaries (e.g. children) in a Trust. This trust is effectively created when the first partner dies, by the Will. The surviving partner is allowed to continue living in the house for the rest of their life.

How long does a trustee have to notify beneficiaries in California?

60 days

Notice to beneficiaries and heirs: If the trust becomes irrevocable when the settlor dies, the trustee has 60 days after becoming trustee or 60 days after the settlor's death, whichever happens later, to give written notice to all beneficiaries of the trust and to each heir of the decedent.