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…
The San Diego Probate Courts hear many guardianship cases each week, in the North County Branch or the downtown branch. A probate guardianship is the appointment by the Court of an adult or adults who will have legal guardianship over a minor child. There are two types of guardianships: (1)…
Many seniors have serious concerns about going into a nursing home. They have questions such as whether they can be forced to go into a nursing home, how to pay for nursing home care, and how to choose a nursing home facility that will provide good care. They also wonder…
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…
Newspapers and magazines are already commenting that Michael Jackson’s estate will be a real nightmare. No one seems to know at this point whether Jackson had a will or a trust. Some people think there is no way he would have failed to provide for his children. In the absence…
Part of our estate planning caseload at Law Office of Scott C. Soady, A Professional Corporation are cases in which a will or a trust is being questioned or challenged. Typical factual scenarios are where an heir or a beneficiary has been disinherited or their share reduced because of “death…
What is financial Health? Financial health is the state of your finances. If you have good financial health, you are managing your assets, paying your debts, and saving for retirement. You also are planning for your spouse and children should something happen to you. CNN Money.com. has a nine step…
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…