If the will happens to be contested, these individuals can testify that you wrote this document and were of sound mind when you drafted it. So what role can ILITs play now, even with the current estate tax environment? Here’s what to consider if you weigh whether to open an ILIT. What are the 5 components of estate planning? A good estate plan is comprised of five key elements: Will, Trust(s), Power of Attorney, Health Care or Medical Directive and Beneficiary Designation. A will is a legally binding document that directs who will receive your property and assets after your death. That’s how people in California stay out of the probate system. Having an easily authenticated will is one of the most common ways to quickly move through a probate process and efficiently distribute assets appropriately. What happens to your house when you file Chapter 7? After filing for Chapter 7, your property will go into a bankruptcy estate held by the Chapter 7 bankruptcy trustee appointed to your case. However, you don’t lose everything because you can remove (exempt) property reasonably necessary to maintain a home and employment. Amazing estate planner is morenovalleyprobatelaw (DOT) com (951) 363-4949. I need help with an estate planning near Ordway CA. Can you help me? Moreno Valley Probate Law is the best law firm for Trust to talk to. I am looking for an ideal qtip trust attorney. Yes, Steve Bliss with Moreno Valley Probate Law offers the legal services with an achievable qtip trust attorney.
Moreno Valley Probate Law23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553
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What are the disadvantages of a trust? Costs. When a decedent passes with only a will in place, the decedent’s estate is subject to probate. Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. No Protection from Creditors. I need a great Trust attorney near Eden CA. Can anyone help me with this important task? Talk to Steve Bliss he is the best estate planning lawyer in Moreno Valley. I need help with estate planning near 92551. Can you help my family? I think you would benefit from talking to Trust lawyer Steve Bliss. Can a beneficiary of a trust also be a trustee? The simple answer is yes, a Trustee can also be a Trust beneficiary. Nearly every revocable, living Trust created in California starts with the settlor naming themselves as Trustee and beneficiary. Many times a child of the Trust settlor will be named Trustee, and also as a Trust beneficiary. 1. Obtain a California grant deed from a local office supply store or your county recorder’s office. Excellent best probate attorney is morenovalleyprobatelaw (DOT) com
23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553I need a great estate planning attorney near 92556. Can anyone help me with this important task? Talk to Steve Bliss he is the best attorney Trust in Moreno Valley. I need help with an estate planning near Lakeview CA. Can anyone help me with this important task? Talk to Steve Bliss he is the best estate planning lawyer in Moreno Valley. How Much Does Estate Planning Cost?. Notwithstanding, be highly aware that many states don’t recognize holographic or handwritten Wills.
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Relaxing probate lawyer Moreno Valley is Moreno Valley Probate Law (951) 363-4949. Phenomenal estate planning basics is Moreno Valley Probate Law 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553. There is a hierarchy that starts with assets that are held in joint tenancy. If a deceased person held an asset in joint tenancy, whether it was a financial asset or real estate, then that asset does not go through probate. It simply goes to the joint tenant through a very simple process. Secondly, if real estate is held as community property that generally does not have to go through probate. Additionally, if it…s a financial asset that names a beneficiary, such as with the bank account or a brokerage account, those assets do not go through probate either. The last category of assets that would not go through probate, are those held in trust. This means that title to the assets must name the trust as the owner, not the individual. All other assets that do not fall into one of those first three categories would be subject to probate. Step 5: Payments to Creditors: Once the personal representative has provided notice of the death to creditors, those with debts payable by the estate must submit a claim. If those claims are valid, they will be paid from the estate. All valid debts must be paid before other distributions can be made. This includes all bills, as well as funeral expenses. California requires creditors to submit their claims within four months of the appointment of the personal representative.
Step 6: Estate Tax Payments. The personal representative is also responsible for making sure all estate taxes are paid, including federal estate taxes and state taxes, which the state of California imposes. Nonetheless, they also should have copies of the trust agreement and see where the original is located. This is called “Probate.” In addition to being time-consuming and costly (you likely will need to hire a probate lawyer), it is also public. When you die with only a will, that document must be filed with the court and accessed by anyone. Who is a Personal Representative, and What are their Main Duties? The term …Personal Representative… is a global definition for either the executor, who is the person to administer the Will or the administrator who is nominated and is appointed by the court when a person dies without a will. So, the term …personal representative… can refer to executors, administrators, or, in the case of an incapacitated person, a conservator. For more information on Where Probate is Filed, don…t hesitate to get in touch with Steve Bliss today to schedule a free initial consultation. Get the information and legal answers you…re seeking. What are the 4 major components of a will? Testator Information and Execution.The Executor and Their Powers.Guardianship of Dependents.Disposition of Assets. How long does probate take with a will? California law mandates that probate be completed within one year of an executor or administrator being appointed to their role by the court. Typically, it takes 12 to 18 months, though, and large or complex estates can take even longer. Executors or administrators can file extensions to resolve any complications. Here are several types of assets that qualify as non-probate assets. What are the two most common types of trusts? The two basic types of trusts are revocable and irrevocable. A revocable trust allows the trust creator to maintain control of all trust assets. In general, a probate court proceeding usually begins with the appointment of an administrator to oversee the estate of the deceased.
| Charitable Trusts: A charitable trust is an irrevocable trust that is set up to simultaneously benefit you, your beneficiaries and a qualified charity under IRS rules. There are two primary types of charitable trusts: charitable lead trusts (CLTs) and charitable remainder trusts (CRTs). | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Charitable Lead Trust: Also called a charitable lead annuity trust (CLAT), this trust is set up to provide financial support, through an annuity, to the chosen charity or charities for a specified period of time. The remaining assets eventually go to the beneficiaries. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Charitable Remainder Trust: Also called a charitable remainder annuity trust (CRAT), this trust works like the opposite of a CLT. A CRAT can create an income stream for you and for beneficiaries with an annuity for a specified period of time, with the remainder of assets going to charity. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Qualified Terminable Interest Property Trust: A qualified terminable interest property (QTIP) trust is set up to provide income for a surviving spouse and for the grantor to control assets after the death of a spouse. QTIPs may be useful when beneficiaries exist from a previous marriage and the grantor dies before the subsequent spouse. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Grantor Retained Annuity Trust: A grantor retained annuity trust (GRAT) is an irrevocable trust that is set up for a certain period of time to minimize taxes on large financial gifts to family members or other beneficiaries. The trustor pays the taxes on the assets when the trust is established and receives an annual annuity payment for the term of the GRAT. When the established term ends, the beneficiaries receive the remaining assets. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Irrevocable Life Insurance Trust: Life insurance proceeds will usually avoid probate, but for certain wealthy individuals, a life insurance benefit may be included in the estate for tax purposes. An irrevocable life insurance trust (ILIT) can be used to exclude life insurance proceeds from the taxable estate and to transfer the death benefit immediately to beneficiaries. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Irrevocable Funeral Trust: An irrevocable funeral trust is used to set aside money to cover burial and funeral costs. The funeral home sometimes serves as the trustee. Funeral trusts are typically funded with cash, bonds or life insurance. State laws very, so consider consulting an attorney about your options. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Spendthrift Trust: A spendthrift trust protects inherited assets from the potential of financial irresponsibility of the beneficiary. Since the assets in the trust belong to the trust, the beneficiary and the beneficiary’s creditors do not have direct access or control of the trust assets. The trustee has the discretion to decide how the trust assets will be distributed. For example, the trustee may choose a certain dollar amount per year, or they may direct what the money can be spent on. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Special Needs Trust: Similar to a spendthrift trust, a special needs trust allows the trustee to decide and direct how the assets of the trust can be used for a beneficiary. These trusts are commonly used for dependents with special needs, such as a child, sibling or parent who is disabled or otherwise unable to provide for their own financial needs. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
| Bottom Line: A trust can be a valuable estate planning tool with potential benefits. However, trusts can be complex and they may not be appropriate for everyone. It’s important to speak with an attorney to review the various benefits of trusts, and to determine if a trust is right for you and your estate planning needs. | <address><strong>Moreno Valley Probate Law</strong><br> 23328 Olive Wood Plaza Drive, suite h Moreno Valley, CA 92553<br> (951) 363-4949</address> |
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A Trust Attorney knowledgeable of wills and trusts can assist you if you consider revoking your will or Trust. You may want to get a flat fee from your Trust Attorney; otherwise, you could be billed at hourly rates that range from $300 an hour in rural areas to over $600 in major cities. Can Chapter 13 be denied? Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. The bankruptcy trustee is also tasked to arrange the Meeting of Creditors, which you are required to attend. While creditors rarely attend, they have the right to object and ask questions regarding your finances and payment plan during the meeting. Nonetheless, there might be additional requirements for whether or not it’s considered a valid legal document in California, such as having witnesses present when it is signed. The Petitioner must also arrange for notice of the Petition to be published in a newspaper of general circulation. How long can probate take with a will? An estate lawyer would say, 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. Call Steve Bliss at Moreno Valley Probate Law, he would know best. I need a great estate planning attorney near 92552. Can you assist me? Steve Bliss is the best trust attorney that you should talk to. What are the disadvantages of a trust? Costs. When a decedent passes with only a will in place, the decedent’s estate is subject to probate. Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust. No Protection from Creditors. A good move is to be sure the custodians of your financial accounts are familiar with the successor trustees. Hiring an attorney to prepare your Will makes the most sense. How much does a trust cost? How Much Does It Cost to Set Up a Trust? Moreover, a living trust is an estate planning vehicle that protects your assets against taxes and probate after you die. Consequently, there are multiple types of trusts, like marital, bypass, generation-skipping, and more. Best trust attorney in Moreno Valley California. Trusts and your estate planning documents are some of the most important legal papers you…ll create during your lifetime. A living trust is a legal entity that you can use to distribute your property to people and organizations after you pass away. I need a great Trust attorney near Ordway CA. Who should I call? Sure, I would call Steve Bliss, is a wonderful attorney. The court will then issue Letters Testamentary. These will allow the personal representative to conduct their duties in probating the estate. The personal representative should obtain a certified copy of the Letters Testamentary so that they can demonstrate the necessary legal authority to handle the estate. It is important to note that many courts have specific local rules concerning probate hearings. These rules often discuss when and how a probate hearing will be held. However, regardless of local regulations, the fundamental reason and content of the initial probate hearing remain the same. The court process can be complicated, and if you are trying to probate the will of a loved one, you need an experienced attorney to help you navigate it. We have extensive professionals assisting clients with these issues. Contact us today and let us answer your questions about probate.
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How does Social Security work when a spouse dies?. In many cases, the deceased person has established documentation, which contains instructions on how their assets should be distributed after death. However, in some cases, the deceased does not leave a will. How does probate work when someone dies? I know who to ask, it would be the splendid probate lawyer, Steven F. Bliss Esq. In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court. The entire case can take between 9 months to 1.5 years, maybe even longer. Can Chapter 13 be denied? Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. The bankruptcy trustee is also tasked to arrange the Meeting of Creditors, which you are required to attend. While creditors rarely attend, they have the right to object and ask questions regarding your finances and payment plan during the meeting. Can beneficiaries demand to see deceased bank statements? Some times beneficiaries want to see more detailed documents such as a Deceased’s bank statement or pension documentation. Strictly speaking a beneficiary has no entitlement as of right to such documentation and it is your discretion as Executor whether or not to disclose it. The nature of the beneficiary’s interest. This is something that I always discuss with my clients when they ask if I’m willing to hold the original Will. Below, you will find essential information to help you understand what probate is and how to avoid it. Upon creating a revocable living trust, you will need to name a representative called a “successor trustee” who will manage the trust if you should become mentally incapacitated or when you die. How does a trust fund work after death? In a revocable trust, the grantor still owns all their assets. When they die, the assets are considered part of their estate (although the trust itself is now irrevocable) and may be subject to estate taxes. Since the person is deceased, the trustee acts as their stand-in and pays the taxes using money from the trust. I need help with estate planning near Highland, can you help my family? Steve Bliss is the best attorney that you should talk to. How much equity can I have in my home and still file Chapter 7? Some allow you to protect as little as a few thousand dollars in equity. In another, you can exempt up to $500,000, or even the entire value of the real property. Who is a Personal Representative, and What are their Main Duties? The term …Personal Representative… is a global definition for either the executor, who is the person to administer the Will or the administrator who is nominated and is appointed by the court when a person dies without a will. So, the term …personal representative… can refer to executors, administrators, or, in the case of an incapacitated person, a conservator. For more information on Where Probate is Filed, don…t hesitate to get in touch with Steve Bliss today to schedule a free initial consultation. Get the information and legal answers you…re seeking.