The Temecula Probate Attorney

Posted on January 21, 2019
CategoryProbate Law
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Status Closed nowOpens at 09:00:AM tomorrow
The Temecula Probate Attorney

The Law Firm of Steven F. Bliss Esq.

Steve Bliss The Temecula Probate AttorneyI have been in private practice as an Attorney since 1991. My law practice is concentrated in the areas of Wills, Living Trusts and Estate Planning; assisting clients as a Probate Attorney Temecula and Trust Administration matters; assisting clients with Chapter 7 and 13 Bankruptcy cases; and assisting my clients with the formation and management of Partnerships, LLC’s and Corporations.

What Is My Educational Background?

I graduated with honors from Syracuse University in 1984 with a Bachelor of Science in Accounting. I passed the CPA examination in Massachusetts in 1985 but am not licensed as a CPA in California. I graduated from California Western School of Law here in San Diego in 1989, my class rank was 17th out of 182. I won the following awards while there:

  • AMERICAN JURISPRUDENCE AWARD 1988: Estate Planning
  • AMERICAN JURISPRUDENCE AWARD 1987: Secured Transactions
  • AMERICAN JURISPRUDENCE AWARD 1987: Constitutional Law
  • MILLER TAX AWARD 1988: Federal Income Tax
  • MILLER TAX AWARD 1987: Federal Estate and Gift Tax
  • Dean’s List: 1987 and 1988

Many People Ask What Does A Probate Attorney In Temecula Do

Probate is a division of the Superior Court of the State of California. The Probate court has jurisdiction over what is considered “legally inept celebrations,” typically that includes departed, handicapped, and incapacitated persons. The Probate court must safeguard these individuals and their properties.

Concerning disabled and incapacitated persons, Conservatorships and Guardianships are the primary tools of the court. Conservators and Guardians take care of the person physically and can handle their possessions also if needed. They are monitored carefully by the court to prevent fraud and abuse. The issues with Conservatorships and Guardianships are that they are so heavily managed that it can be laborious and time-consuming to handle and can get very expensive as well.

Concerning departed individuals, probate is the court-supervised process of administering their estate. When you die, your properties are dispersed and your financial obligations paid according to your will if you have one or else according to state laws of intestate succession. Because your signature is typically needed to move assets in your name to a 3rd party and being deceased you are no longer able to transfer your properties, the court then steps in and supervises the transfer of the assets and payment of the debts. The court grants the legal authority required to administer your estate to your executor if you have a will, or if you do not have a will, the court will designate an administrator for you, such as a relative or private fiduciary.

How Long Does a Probate Proceeding Take to Complete?

As a general guideline, in San Diego and most of Southern California, Probate can take anywhere from eight months to two years to complete depending upon the complexity of the case. During this duration, the possessions go through court supervision. Family members need a loan to survive, they should request it of the court which takes some time and can be denied. San Diego Probate Lawyer Steve Bliss works vigilantly to get your case through the court system as rapidly as possible to lessen the unfavorable impact on family members.

Just how much Does a Probate Proceeding cost?

Probate costs are based upon a moving scale according to the gross value of the probate estate. It starts as 4% of the very first $100,000.00, 3 of the next $100,000.00 and 2% of the next $800,000.00. The attorney and administrator each get a probate fee for instance on a $500,000.00 estate, the overall probate fee for services would be $13,000.00 for the attorney and $13,000.00 for the executor. Court costs and appraisal fees are extra and can quickly run upwards of several thousand dollars.

Is Probate a Public Proceeding?

Yes. Your will and the whole court file is open to public evaluation at the courthouse. As part of the proceeding, you file a stock and an accounting of the estate. This itemizes the properties, liabilities, income, and costs of the probate estate. Hence, your whole financial life is open to evaluating for anyone who wants to look. Besides, the names and addresses of your family members or recipients are noted so that deceitful company individuals and scam artist can contact them to try to defraud them.

Do I prevent Probate if I have a will?

No, you do not. A will is merely writing signed by a deceased individual. To get assets moved out of a departed person’s name, you will require a court order; thus this is why you go through the probate process. All wills go to probate unless the overall reasonable market price of properties that require to be probated is less than $150,000.00 gross value with no reduction for mortgages or other financial obligations used in computing that number. The basic guideline in California is that if you own a house, you are probably going to probate as the majority of dwellings deserve at least $150,000.00. If you have a small estate of less than $150,000.00, then a small estate affidavit usually is all that is needed.

What occurs if I don’t have a will?

Your estate will pass to your beneficiaries under the laws of Intestate Succession through a full probate case. Your spouse will receive all the neighborhood home and either half or a third of the separate property depending upon how many children you have. If there is no spouse, then the kids get the entire estate once they reach age 18. If there are no children, then the law will then try to find the next closest relative to receive the estate.

How do I avoid Probate?

The method to avoid probate is to get a full estate strategy in the location with a Revocable Living Trust being the centerpiece of that estate plan. For additional information on how to accomplish that, please go to the Estate Planning web page.

Map and Directions to The Best Temecula Probate Attorney:

41593 Winchester Rd #200, Temecula, CA 92590
(951) 223-7000

Call Steven F. Bliss when you need a probate attorney Temecula!

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