Last month our blog concentrated on Probate in San Diego. If you have been reading our blog, you know that fees for an executor or administrator are statutory in California. The fees are set by the Probate Code and are the fees for both the executor/administrator and the attorney for…
Aa you have learned from the recent series of blogs on probate, if you can avoid a probate after your death, your heirs will have an easier time settling your estate. The best way to avoid probate is to have a revocable living trust into which you transfer all of…
Frequently Asked Questions about San Diego Probate 1. How long will my probate matter take? As a general rule, most probates in San Diego are finished in a year to 18 months. However there can be many issues that may cause the probate to last longer. Common examples are litigation…
The fees for a probate attorney to handle your probate matter are set forth in the Californa Probate Code. Section 10810 escribes the maximum fees an attorney can charge. These are as follows: 4% of the first $100,000 3% of the next $100,000 2% of the next $800,000 1% of…
If a person dies and they have a will, there will have to be a probate proceeding to transfer the assets. As you know from reading the previous blog, a probate is simply the court supervised proceeding to determine who the heirs or beneficiaries are and transfer the assets to…
This blog entry is the first in a series of blogs about probate, what is is, who is involved, how long does it take, and what does it cost. Estate planning lawyers use a lot of terms in probate that most laymen do not know the meaning of unless they…
According to a survey by Martindale-Hubbell at lawyers.com, more than half of the people in America do not have a will or a trust. If you do not prepare a will before you die, your estate will have to go through probate. In fact, if you do prepare a will…
You have no doubt watched movies or TV shows where everyone gathers in the lawyer’s office, solemn and perhaps anxious about the “reading of the will“. The will is then read aloud by the lawyer to all interested parties. It is unknown where this idea came from but it never…
If you have a will and not a trust, when you die your estate will have to go through probate. In general this means that all the property that the deceased owned at the time of death such as real property, personal property, bank accounts, investment accounts, etc. will be…
In our last blog, we talked about the timeline for probate in San Diego. Another question we are asked frequently is who is going to be appointed the executor or administrator of the estate? If there is a will created by the decedent, the will usually names the “executor.” If…