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Becoming an estate executor usually comes with the unfortunate passing of a loved one. It can be difficult for some people to experience both at the same time. Working with a probate attorney can help relieve some of the burden by completing some of the more challenging tasks of probate. If you’re interested in a smooth probate process, contact a Lake Forest probate lawyer today.
The legal team at Sakamoto & Ruelas, APC, has over 25 years of experience assisting individuals with estate planning, probate, trusts, and more. They are committed to providing personalized solutions for each of the clients they serve and understand how important advanced planning can be for a family’s well-being. To learn more about how Sakamoto & Ruelas, APC can help you and your family, contact us today.
When a person creates a will, they expect that their assets will be distributed according to their wishes that are stated in the will. The probate process exists to make sure this takes place. To assist with this process, the court usually appoints an executor to manage the will if this person is not specifically stated in the will.
Sometimes, an attorney is not required for probate, but attempting to complete the process alone can result in errors that delay the process and add unnecessary expenses. An experienced probate attorney can:
Probate is a heavily regulated and structured process. This means that there is usually a uniform sequence of events that take place in the case that probate occurs. Most probate cases include the following items:
This process is fairly straightforward, but there are issues that can come up with any probate. That’s why it is so important to speak to a probate lawyer to make sure each step is completed correctly.
While many estates in Lake Forest, CA do need probate, some do not, including:
To determine whether an individual’s estate should go through the traditional probate process or not, contact an estate planning attorney with experience in probate cases.
Executors are beholden to certain rules to make sure that they process a person’s estate correctly. In order to follow probate rules, an executor must:
Sakamoto & Ruelas, APC, has experience composing many different types of legal and financial documents related to probate. We can help you navigate the complicated parts of probate to prevent errors and make sure the desires of the deceased are carried out effectively.
A: In most cases, the estate of the deceased person pays for a probate lawyer. There are several different types of probate an individual can do, each requiring differing amounts of money to be paid upfront. Once the executor completes probate, they can reimburse themselves from the estate’s checking account before closing the account. Executors also get paid for the extra work it takes to manage and close out an estate, which can vary depending on the estate’s value.
A: In many cases, you do not need a lawyer for probate in California, especially for estates worth less than $184,500. If the estate is large, complex, or has a lot of claims or disputes from creditors or beneficiaries, however, an attorney is recommended. Once hired, they can help gather relevant documents, calculate the estate’s value, and assist with challenges or will disputes. Without legal counsel in Lake Forest, an executor is susceptible to costly mistakes.
A: Most probate cases settle within six months to nine months, but some estates in California can have a different timetable. Due to recent trends and the sheer number of people living in California, a Lake Forest probate could take from eighteen months to two years to resolve. If the estate is smaller, it could be settled in a shorter time frame. Probate tends to take longer if the will is contested or if there are a high number of open probate cases in the county.
A: Probate is usually “triggered” if the estate is worth over $184,500, at least in California. This number does not include certain assets like life insurance policies, retirement accounts, any assets in a living trust, and some personal property. If it is determined that probate is needed for an estate, an executor is found either due to explicit mention of them in the will or appointed by a court. It’s the role of the executor to make sure the estate is closed properly.
Probate is often complicated and can sometimes take several years to be fully resolved. It might take more time and work for people going through this process alone. A probate attorney can be a helpful partner to make sure documents are correctly filed, payments are made on time and to the right people, and any claims against the will are settled. For more information about probate and how it affects your situation, schedule a consultation with Sakamoto & Ruelas, APC.