Do husband and wife need separate trusts? In general, most experts agree that Separate Trusts can provide more asset protection. Joint Trust: Marital assets are all together in a single trust. This means there’s less asset protection, because if there’s ever a judgment over one of the spouses, all of the assets could end up being at risk. Can you sell a house that is in trust? An added benefit of a Property Protection Trust Will is its flexibility. The terms of the Trust will still apply to the new house. They cannot sell or spend the trust funds but the trust can be transferred to another house. Trust: Once you create a trust, you can move the ownership of critical assets – such as a home and other property – into the trust and appoint yourself as the trustee, meaning you call all the shots on how to use and manage those assets while you are alive. Duty of Loyalty: A trustee must act in the best interests of the beneficiaries. Which is better revocable or irrevocable trust? Revocable, or living, trusts can be modified after they are created. Revocable trusts are easier to set up than irrevocable trusts. Irrevocable trusts cannot be modified after they are created, or at least they are very difficult to modify. Irrevocable trusts offer tax-shelter benefits that revocable trusts do not. What Cannot be discharged in Chapter 7 bankruptcy? Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes. I am looking for an ideal testamentary trust lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable testamentary trust lawyer. Steve was very professional and organized. My husband and I feel much better knowing that our children will have the best possible paperwork to deal with our demise. Thank you, Steve for creating our probate documents. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. What Is a Living Trust? A living trust is an probate tool that allows you to protect and manage your assets during your lifetime. Accordingly, with a living trust, you can act as the trustee or manager and ultimately determine who will receive your assets after you’ve passed away. Another perk is that your assets won’t be subject to probate following your death. The Main Misconceptions People Have About probate?. I seriously need a brilliant probate attorney attorney near San Pasqual Valley in Escondido, Ca. If I were you, I would look into calling probate attorney attorney at ‘Escondido Probate Law’ in Escondido. My husband John and I have been very pleased with Attorney Bliss’s professionalism and responsiveness in helping us start and complete our family trust. We have referred several of our friends to him and will continue to do so. When there are conflicts, the Trust takes precedence.
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Escondido Probate Law720 N. Broadway, #107 Escondido, CA 92025
(951) 582-3800
Escondido Probate Law is an experienced probate attorney. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Escondido Probate Law. Our probate attorney will probate the estate. Attorney probate at Escondido Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Escondido Probate law will petition to open probate for you. Don’t go through a costly probate call Escondido Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Escondido Probate Law is a great estate lawyer. Affordable Legal Services.
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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
| Escondido Probate Law is a probate lawyer |
Escondido Probate Law 720 N. Broadway, #107 Escondido, CA 92025 (760) 884-4044 |
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Who controls a family trust? At the core of a family trust, there are three parties: a grantor, a trustee and the beneficiaries. The grantor is the person who makes the trust and transfers their assets into it. The trustee is the person who manages the assets in the trust on behalf of the beneficiaries. Can a nursing home get money from an irrevocable trust? Can a nursing home take all your assets? A living trust can protect assets from a nursing home only if the trust is irrevocable. An irrevocable trust can provide asset protection because with this type of trust, the grantor … the trust creator … doesn’t own assets in the trust from a legal standpoint. I am looking for an ideal living trust lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable living trust lawyer. No non-sense, efficient and followed up as promised. We will continue to use Steven F. Bliss for our probate needs. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate. What happens to a debt after 6 years? Are debts really written off after six years? After six years have passed, your debt may be declared statute barred – this means that the debt still very much exists but a CCJ cannot be issued to retrieve the amount owed and the lender cannot go through the courts to chase you for the debt. For the gift tax, master limited partnership assets are not assessed at their fair market values because limited partners have little or no control over the partnership or how it is run. You’ll avoid the capital gains tax and lower your estate tax burden in the process. Plus, you’ll score a tax deduction. I seriously need a brilliant estate lawyer lawyer near Solana Beach, Ca. Steven F. Bliss Esq. is the estate lawyer in Escondido, he is by far the best for all things estate law related. Me and my wife had Steve do our family trust. A good experience, Steve is more than willing to explain everything in a no nonsense way. I seriously need a brilliant estate lawyer lawyer near Ramona, Ca. I would call Steve Bliss, he is an excellent estate lawyer.I consulted with Steve Bliss concerning bankruptcy. He answered all my questions regarding my debts and assets. In the end he advised me that declaring Bankruptcy was not the best option for me. Instead he referred me to a colleague who could help me resolve my debts and rebuild my credit. I appreciate his knowledge as an lawyer and his personable demeanor. He saved me a lot in lawyer fees and I would certainly consult with him in the future. You can even choose to make the election for certain assets in the QTIP trust but not others. This allows the estate’s fiduciary to do estate tax planning and maximize both the federal and CA estate tax exemptions. Make a will. The terms of the Trust govern it. For example, the Trust may allow for revocation through signed writing by the Trustor or Settlor delivered to the Trustee. Can I keep my car if I file bankruptcy? If you file for Chapter 7 bankruptcy and local bankruptcy laws allow you to exempt all of the equity you have in your car, you can keep the vehicle…as long as you’re current on your loan payments. They may also give you the option to pay off the equity at a discount in order to keep the car. I seriously need a brilliant probate attorney attorney near North Ridge, Ca. I would call Steve Bliss, he is an excellent probate lawyer.Hi Chris & Mai, thank you so very much for your kind words! It was our honor and pleasure to be your probate attorney Attorney of choice and we’re glad that everything is now up to date for you. Recommending our firm to anyone else looking for help with their Estate plan is the most sincere and generous review we could ask for, so we thank you for that! Should anything come up in the future, we’ll certainly be here to help.
1. What is probate law?
Probate law is a branch of legal practice that deals with the administration of a deceased person’s estate. It involves validating the will, if one exists, and distributing the assets according to the deceased person’s wishes or, in the absence of a will, according to state law. The probate process is overseen by a probate court, and the court ensures that debts are settled, taxes are paid, and remaining assets are distributed to heirs or beneficiaries.
2. When does the probate process typically begin?
The probate process typically begins after an individual passes away. The executor named in the will, or an administrator appointed by the court in the absence of a will, initiates the process by filing a petition with the probate court. This marks the official commencement of probate proceedings.
3. What assets go through probate?
Generally, assets that are solely owned by the deceased individual go through probate. This includes real estate, bank accounts, vehicles, and personal belongings. However, assets held in joint tenancy, in a living trust, or with designated beneficiaries (such as life insurance policies or retirement accounts) usually bypass probate.
4. How long does the probate process take?
The duration of the probate process varies widely and depends on factors such as the complexity of the estate, potential disputes, and local laws. It can take anywhere from a few months to several years to complete. Simpler estates may undergo a streamlined process, while more complex estates with significant assets or legal challenges may prolong the process.
5. How is an executor appointed, and what are their responsibilities?
The executor is typically named in the deceased person’s will. If there’s no will or the named executor is unable or unwilling to serve, the court appoints an administrator. The executor’s responsibilities include filing the will with the probate court, managing the estate’s assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
6. What is the role of the probate court in estate administration?
The probate court oversees the entire probate process. Its role includes validating the will, appointing the executor or administrator, ensuring that creditors are paid, resolving disputes, and ultimately approving the final distribution of assets. The court provides legal supervision to ensure the orderly administration of the estate.
7. How are debts and creditors handled during probate?
During probate, the executor or administrator is responsible for identifying and notifying creditors of the deceased person’s passing. Creditors are given an opportunity to make claims for unpaid debts. The estate uses its assets to pay off valid claims, and any remaining assets are then distributed to heirs or beneficiaries.
8. Can the probate process be avoided, and how?
Yes, the probate process can often be avoided or minimized through estate planning strategies. Creating a living trust, designating beneficiaries for assets, and establishing joint ownership are common methods to bypass probate. Consulting with an estate planning attorney can help individuals tailor their plans to minimize the impact of probate.
9. What is intestate succession, and how does it impact probate?
Intestate succession occurs when a person passes away without a valid will. In such cases, state laws dictate how the deceased person’s assets will be distributed among surviving relatives. The probate court follows these laws to determine the heirs and their share of the estate. Intestate succession can lead to a more straightforward but potentially less personalized probate process.
10. What is a will, and why is it important in probate?
A will is a legal document that outlines an individual’s wishes regarding the distribution of their assets after death. It designates an executor, provides for the care of minor children, and can address other important matters. A valid will is crucial in probate as it serves as a guide for the court in distributing assets and fulfilling the deceased person’s intentions.
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How do you set up a trust? Decide how you want to set up the trust.Create a trust document.Sign and notarize the agreement.Set up a trust bank account.Transfer assets into the trust.For other assets, designate the trust as beneficiary. Typical executor fees compensate for the time and energy involved in finalizing someone else’s affairs. What is the difference between Chapter 7 and Chapter 13? The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt. Steve truly has my full trust in him. No questions. As an engineer, a business owner, and a picky person in general, it’s hard to gain my trust. Steve, is different from any of the attorneys I’ve met in the past. He is down to the earth. He doesn’t play games. He doesn’t trick you and tells you to come back again for more answers / hours of his time. He doesn’t tell you he should be on your retainer for this and that. He tells you this ” this is how / what you should do” on our FIRST meeting! He really impresses me by having all the extensive knowledge in many legal affairs. And he is extremely generous sharing his knowledge through phone calls, emails, face-to-face meetings, and etc. No games! I will always go back to Steve for help. I will always highly recommend anyone I know to use Steve’s service. I am looking for an ideal trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable trust attorney. Steve Bliss is in a class of his own. He exceeded my expectations, and I would highly recommend his services. I came to him as a new client to create my Living Trust. What I received was a straight forward, stress-free and no sales approach. Steve is experienced with an established and organized process to produce a five start product and business relationship for years to come. Selecting Steve Bliss was the best decision I ever made! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate. I am looking for an ideal probate costs. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable probate costs. My husband and I went to see Steve at his Temecula office to help us set up a family trust. This was something that we have talked about doing but had put it off. Steve made the process very easy and affordable. Steve was very professional in assisting us with creating a will, durable power of attorney, advanced directive, and having all our affairs in order for our family members. We are very pleased with Steve and how our Family Trust is set up. I would highly recommend him to help anyone with this process. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. That is why it is essential to destroy your first version if you intend on drafting a new one. Below are some additional requirements to adhere to when drafting a will. Alternatives to an Irrevocable Trust. I am looking for an ideal probate attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable probate attorney. Hello Sir: I honestly do not recall ever speaking with you. But I do not believe I would use such language as what you are saying. I have a busy practice and cannot participate in every speaking engagements that I am requested to attend. I have taught public seminars for twenty five years and have done my best to always serve the community. If you wish to speak with me in the future, then please feel free to contact me. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. I seriously need a brilliant estate lawyer lawyer near San Pasqual, Ca. If I were you, I would look into calling estate lawyer lawyer at ‘Escondido estate Law’ in Escondido. Steve was efficient and had asked all the right questions.
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I seriously need a brilliant estate attorney attorney near Escondido, Ca. If I were you, I would look into calling estate attorney attorney at ‘Escondido estate Law’ in Escondido. Mr Bliss helped us with our family trust. He is informative, knowledgeable, thorough, and a pleasure to work with. He made the entire process easy. We are very happy working with him. I am looking for an ideal generation skipping trust. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable generation skipping trust. Steven is very knowledgeable and friendly, he made the entire process as easy as possible. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate attorney. I am looking for an ideal generation skipping trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable generation skipping trust attorney. Steve did a wonderful job helping me with my family’s estate. He made the stressful probate process easy to understand and helped guide me through the entire process. I loved the fact that he had everything set up to do it all online, I didn’t even have to come into his office! Thanks again! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next attorney probate. I seriously need a brilliant estate attorney attorney near Midway, Ca. Steven F. Bliss Esq. is the estate attorney in Escondido, he is by far the best for all things estate law related. Steve made this process quick and simple. He answered all of our questions and made sure that our wishes were clearly stated. How much can you inherit and not pay taxes? There is no federal inheritance tax—that is, a tax on the sum of assets an individual receives from a deceased person. However, a federal estate tax applies to estates larger than $11.7 million for 2021 and $12.06 million for 2022. What is income limit for Chapter 7? If your annual income, as calculated on line 12b, is less than $84,952, you may qualify to file Chapter 7 bankruptcy. If it’s greater than $84,952, you’ll have to continue to Form 122A-2, which we’ll review in the next section. It should be noted that every state has different median income calculations. Steve was great to work with and I would definitely recommend his services. I am looking for an ideal revocable living trust lawyer. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable revocable living trust lawyer. Steven’s experience and knowledge made setting up our family trust a breeze. We had a lot of questions and he answered them all and provided us with exceptional service! For these reasons I recommend Steve Bliss and Escondido Probate Law as your next probate lawyer. A will does not need to be notarized, but a notary can help avoid disputes over witnesses. The notary counts as a witness too.
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Probate for real estate may need to be extended to any counties in which the real estate is located. IF you ask anyone about the probate process, you find out that probate takes a long time. First, a trust enables your heirs to avoid probate, whereas wills must go through probate. Can a trustee steal from a trust? A trustee or anyone else improperly taking money from a trust can be subject to criminal prosecution for theft from the trust, even if they are one of the beneficiaries. Taking more than you are entitled to by law can be interpreted as stealing from the other beneficiaries of the trust. If you have a simple estate…one with only a small amount of property and accounts…an attorney can usually prepare your Will for $200 to $600, depending on where you live. I am looking for an ideal trust attorney. Yes, Steve Bliss with Escondido Probate Law offers the legal services with an achievable trust attorney. Steve is a very competent probate attorney. He provided very sound advice on how to set up our estate. We were very happy with our trust and other documents. For these reasons I recommend Steve Bliss and Escondido Probate Law as your next lawyer probate. That’s what happens when parents die without a legal guardian ready to step in. I seriously need a brilliant estate lawyer lawyer near Valley Center in Escondido, Ca. If I were you, I would look into calling estate lawyer lawyer at ‘Escondido estate Law’ in Escondido. From our initial call at Atty. Bliss… office to the signing and notarization of our Will and Trust document, the entire process was so smooth. Atty. Bliss was so knowledgeable with this kind of legal procedure and his approach to us as his clients was remarkable. He was precise with his answers and advice and we feel at ease now with the protection of our financial assets. Can executor Use deceased bank account? The executor can deposit the deceased person’s money, such as tax refunds or insurance proceeds, into this account. They can then use this money to pay the deceased person’s debts and bills, and to distribute money to the beneficiaries of the estate. deceased’s assets and property. Why is asset protection important? Asset protection serves as a barrier between you and your creditors if you are getting sued or are going through a divorce. For business owners, asset protection planning is particularly important given today’s litigious society. As you accumulate wealth and assets, you become the target of creditors and predators.