{"id":210,"date":"2017-01-19T16:29:24","date_gmt":"2017-01-20T00:29:24","guid":{"rendered":"http:\/\/dorfmanlawoffice.com\/wp1\/?page_id=210"},"modified":"2017-01-25T15:20:59","modified_gmt":"2017-01-25T23:20:59","slug":"estate-planning-probate","status":"publish","type":"page","link":"http:\/\/dorfmanlawoffice.com\/wp1\/estate-planning-probate\/","title":{"rendered":"Estate Planning & Probate"},"content":{"rendered":"

Click to call (415) 389-9590<\/a><\/p>\n

Most people think of estate planning<\/strong> as organizing their affairs so things will pass the way they wish when they die.\u00a0 That is certainly a large part of estate planning. Another very important part of your plan can involve making sure that certain wishes are implemented while you are alive.\u00a0 Probate<\/strong> is a court process designed for the administration and distribution of the estates of people who have died. Often, one of the goals of estate planning is the elimination or reduction of the need for probate. Dorfman Law Office can help you with estate planning and probate.<\/p>\n

ESTATE PLANNING
\n<\/strong><\/p>\n

An estate plan can be simple, or it may involve multiple documents and significant organization.\u00a0 What will work best for a particular individual or family depends on their specific circumstances.\u00a0 At a minimum, you should have a will in order to plan for the distribution of any money or property you leave behind.\u00a0 As part of your plan, you can also designate who should handle your affairs if you become incapacitated.\u00a0 This can be accomplished through the use of a “Durable Power of Attorney”.\u00a0 If you would like to express your desires regarding end of life medical care, you can do that as well.\u00a0 This is done through an “Advanced Health Care Directive”.\u00a0 Many people believe they must put their assets in a trust in order to have an adequate estate plan.\u00a0 That is not always the case.\u00a0 While a trust can avoid probate, the tax advantages of trusts have been eliminated for the great majority of people.\u00a0 Sometimes it is not a good idea to avoid probate.\u00a0 There are also other methods to provide for property passing without probate.\u00a0 In your legal consultation, you should discuss whether a trust is a good idea for your particular circumstances.<\/p>\n

PROBATE<\/strong><\/p>\n

“Probating” an estate means going through a court proceeding which results in the distribution of the property left behind by someone who has died.\u00a0 The court appoints a “personal representative” to oversee the administration of the estate.\u00a0 Depending on the circumstances, the personal representative can be called an Executor or an Administrator.\u00a0 While the probate proceeding is active, the personal representative is subject to supervision by the court.\u00a0 They gather all the estate property, and pay the debts and legitimate claims presented against the estate.\u00a0 They make sure necessary tax returns are filed and taxes paid.\u00a0 If there is a will, the estate is distributed in accordance with the will.\u00a0 If there is no will, or the will is not valid, the estate is distributed according to the laws of “intestate succession”.\u00a0 A personal representative is entitled to fees at the conclusion of the probate, but may waive all or part of the fees if they wish.<\/p>\n

Probate courts also deal with some issues not involving estates of deceased persons.\u00a0 For example, when a person is incapable of attending to their own affairs, the court can appoint someone to handle the affairs and make decisions for the person.\u00a0 This is called a “conservatorship”.\u00a0 Probate courts also handle “guardianships” of minors who need an adult appointed to handle their personal or financial affairs.<\/p>\n

Click to call (415) 389-9590<\/a><\/p>\n


\n