Estate Planning

Are Stocks or Investments Part of a Probate?

Stocks, investments or bank accounts usually have a beneficiary listed on the accounts.  If a beneficiary is listed, then the balances in these accounts would go to the person or persons listed.  In this case, there would be no need to put these into a Probate. continue reading...

Is There A Way To Locate A Will Or A Trust?

There is no way to locate a will except by the person who had it prepared or by relatives that may have a copy unless the person has filed it with the courts and this is not usually done.  A Trust or Living Trust may be filed with the courts, but does not have to be filed and, again, is usually not done.  If filed, it could be located by calling the courts and asking where it could be located.  If it was not filed, then the person who had it prepared or his/her relatives may be willing to release a copy to you.  Without cooperation, it is very difficult to get a copy of continue reading...

What Is A Probate?

A Probate is the legal process by which the deceased person’s property (real or personal) gets distributed to the persons entitled to receive the property.  If the property is personal property only (which includes bank accounts, insurance policies, brokerage accounts, stock and bonds etc.) then a Probate may only be necessary if the value is over $100,000 and there is no beneficiary listed on the account or insurance etc.  In this case, if the value is below $100,000 there may be a need for a Probate Code Declaration in order to distribute the funds.  If continue reading...

How to Avoid Probate in California

Probate is the legal process that regulates the transfer of assets to heirs after a person passes away. Probate is a time-consuming and costly court procedure. Fortunately, it can easily be avoided.

The Recommended Approach

 One of the most effective ways of avoiding probate is by executing a living trust. A living trust allows the owner to place his/her property in the trust and thereby avoid Probate.

 Common Mistakes that people make:

 People want to avoid Probate and often make mistakes that may make matters worse: continue reading...

Before you travel this summer...

It’s officially summer and people all over are making plans for a well-deserved vacation. Before you take off on your exciting adventure or relaxing escape be sure you’re prepared. It seems like whenever or wherever you go, somebody somewhere is going to forget that necessary item—whether it’s sunscreen, your camera or that favorite pair of sunglasses. People will remember to renew their passports, get a house-sitter and trust someone to watch their pets, but who thinks about making sure their will is in order? continue reading...

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