Los Angeles Probate Attorney
Woodland Hills Probate Lawyer / Pasadena Probate Attorney
“Failing to plan is planning to FAIL.” - Alan Lakien
Probate & How To Avoid It
“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.
What is California Probate?
Probate is the legal process of transferring a decedent's (person that passed away) estate (all assets of the decedent) to the decedent’s rightful heirs or designated beneficiary(s).
The probate process basically involves:
1. Collecting and identifying the deceased person's property
2. Paying the estate’s debts and taxes
3. Identifying the rightful heirs and distributing the estate to them. While the court oversees this process, in most cases the work is done by the executor or the administrator of the decedent's estate with the help of an attorney.
If in the decedent's will, a person is named as the executor of the estate, there will have to be a court hearing to establish the validity of the will before he/she can legally act as the executor of the estate.
If there is no will and a person wishes to be the administrator of the estate, he/she must petition the court and be appointed before taking any action regarding the estate.
NOTE: Anyone taking actions regarding the estate before official appointment by the court may be personally liable for those actions.
The Probate rules are in the California Probate Code, the local rules for each Superior Court in the State of California and various tax codes and regulations. Each undertaking in the probate process must be performed in accordance with the requirements of California law and the various tax rules. Therefore, it is recommended to find an experienced California Probate Attorney to guide you through this process. Formal Probate usually takes six months to one year to complete. The time delays in the Probate process can be a problem for the family that needs to access the assets to survive. However, if the are special circumstances, the Probate Court may allow for preliminary distributions or a family allowance and family members usually have quick access to joint bank accounts and possible life insurance payments.
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! (877) 537-8283.
Best Advice- Seek Experienced Legal Counsel!
If you are facing a death of a loved one or friend that does not 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.
Our clients are business owners, individuals and families located in Southern California, including the cities, areas, and counties of Los Angeles, Burbank, Glendale, Pasadena, Riverside, San Bernardino, Ventura, Riverside, Santa Barbara, San Fernando Valley, Santa Clarita Valley, San Gabriel Valley, Sherman Oaks, Van Nuys, Hollywood, North Hollywood, Encino, and Woodland Hills. We have successfully represented and assisted clients in Central and Northern California, as well as helping individuals in cities throughout the United States that have family members or business interests in California with legal needs.
After a thorough review of the best strategies to expedite the Probate process and 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:
Local Phone: (818) 241-4238 or
Toll Free Phone: (877) 537-8283
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