They’re gone. Now what?
Losing a loved one is painful, and it’s tough to get the estate-settlement process started.
To make matters worse, the rules are complex and confusing. Figuring out which procedure to use is often tricky and there are lots of well-meaning people (bankers, realtors, document preparers, etc.) who end up giving bad advice. Everyone’s heard the horror stories of estate settlements gone wrong.
That doesn’t have to be you. With the right help, you can ensure that your deceased loved one’s assets are distributed to the rightful recipients without unnecessary stress, drama, or delay.
Estate Settlement Services Offered
I help executors, successor trustees, and other successors-in-interest conduct efficient and orderly estate settlements. No matter your situation, the first step is schedule a free, no obligation consultation to discuss your situation and determine whether you need an attorney to assist you.
Click the button below to schedule your free estate-settlement consultation.
I represent successor trustees in post-death administration of revocable living trusts. This includes administration following the death of the first spouse.
Formal Probate Administration
Probate estates with a gross value in excess of about $185,000 require a formal probate administration. (This excludes property with a a valid beneficiary designation and property owned by a trust.) I represent executors and administrators and help them discharge their legal responsibilities.
Small-Estate Affidavit Procedure
Probate estates with a gross value of less than about $185,000 can be transferred to beneficiaries or heirs without a formal probate. Doing so requires a small-estate affidavit.
There are different rules depending on the value and character of the property that you want to collect.
Spousal Property Petitions
The are special rules that allow the property of a deceased spouse to transfer to the surviving spouse without the need for a formal probate administration.
Minor Child Named Beneficiary
If a minor child is named as the beneficiary on a deceased person’s account, the financial company sometimes declines to transfer the property without a court order. Sometimes, the financial company will demand that a parent open up a guardianship proceeding. This is unnecessary. California law allows a parent to petition the court to have the property transferred to the parent as a custodian for child.
No matter what your situation is, the first step to schedule a free estate-settlement consultation to determine whether you need the assistance of an attorney. Schedule your consultation by clicking the button below.