Trust & Probate Litigation

by Michael

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Posted on 01-11-2020 10:46 PM

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During probate, surviving family members and creditors may make legal challenges concerning the structure of a decedent’s will or trust and what they believe is their rightful share of an estate. This type of lawsuit is known as probate litigation. The business trial group handles probate litigation on a contingency-fee basis, so you pay no up-front legal fees, and we are only paid if we successfully resolve your probate dispute.

Welcome to mortensen law, tax, trust and probate attorneys p. C. Serving: newhall, santa clarita and valencia, california. We appreciate your visit! our goal is to do only a few things, but to be exceptional at each of them. To that end, our practice is limited to pre-death estate planning, medi-cal planning, post-death administration, trust litigation, and tax work. Each member of our highly trained staff is committed to providing our clients with the highest quality representation available anywhere.

The Guide to Family Trust Embezzlement

We as a large family have worked with moulton law offices for the past 2 years since our folks passed. We would like to thank you and your firm for all your help and guidance with our family trust. You answered all our questions and guided us through a very difficult time with kindness and compassion. We would highly recommended you and your firm.

A living trust is one way to be proactive about planning your estate. If you’re in arizona and think that establishing a living trust might be the best way for you to protect your assets and make life as easy as possible for your family after you’ve died, this guide will give you the information you need to set up the trust. Whether you’re creating a trust or a financial plan, you might also benefit from talking to a financial advisor. Smartasset offers a free financial advisor matching service that will help you find an advisor in your area who is a good fit for you.

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Probate lawyer services covers a range of needs when carrying out the wishes of your family member. We review the will, trust, or estate plan, and work with california state and federal trust laws to ensure that your family member’s intentions are the top priority when distributing assets. Conflicts and complications can arise, and our trust law and estate planning attorneys have the solutions. When trusts that were created in the past have now become stale, or there are conflicts in interpretation, we serve your family with dedication to a final resolution that you are satisfied with.

Attorneys ernest kim and his wife, catherine kim, are certified by the state bar of california as  specialists in estate planning, trust, and probate law. The product of our many years of experience, our estate planning documents include proprietary provisions to minimize taxes, allow for changing circumstances, and protect your family's inheritance. Utilizing state of the art estate planning software and cutting edge planning techniques, our estate planning documents are the most comprehensive and flexible plans that you can make for your family.

Talk to an Estate Planning attorney.

Are you a corporate fiduciary, large financial institution, charitable organization, or individual fiduciary or beneficiary involved in a dispute over a trust, estate, or conservatorship? is your objective to reduce your estate tax liability, protect property in your estate, and to avoid probate? if you’re seeking a seasoned estate & trusts attorney with years of experience in the probate courts and in-depth knowledge of the estate planning to handle your case, find help with super lawyers.

Findlaw's lawyer directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning. Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney.

Living trust and estate planning attorney.

Dear carrie, everyone i know seems to be setting up a living trust, even my friends who aren't that wealthy. My husband and i have wills, but that's it. How do we know if we need a trust? —a reader dear reader, it's usually hard to get people to talk about estate planning, so i'm actually heartened by your question. No matter your age or your wealth, it's smart to plan in advance how you'd want your property to be distributed should something happen to you.

Planning your estate with a qualified attorney can provide you with genuine solutions and real peace of mind. We start with the twelve facets of a complete estate plan.

Nolo offers hundreds of do-it-yourself products, including legal forms, books and ebooks, and software. You can generate a customized estate planning form like a will , a living trust , or a power of attorney in just minutes. Landlords and tenants can easily download a lease form that comes with state-specific instructions and information. Business persons can create an llc , create a corporation and get common business forms they’ll need to operate their businesses. All of our products are written in plain-english and are consumer friendly.

Avoiding Probate With a Living Trust

You've come to the right place. If you want to structure your heirs' inheritance, a trusts lawyer can help. Trusts lawyers can help you manage your assets by placing property into trusts for purposes like reducing estate taxes, avoiding probate, and dictating how heirs get assets. Use findlaw to hire a local trusts lawyer to prepare a trust tailored to your.

A revocable living trust , also known as a living trust, is a modern substitute for a traditional will. Like a will, the purpose of a living trust is to distribute your estate at death. Wills are no longer desirable, because a traditional will puts your estate into court at death, a process called probate. Probate.

When you create your living trust with anderson, you simultaneously secure your family’s financial future and avoid the high costs of probate. Now, you also have the opportunity to avoid even further costs with unlimited amendments to your living trust for life for $995. Normally, changes to one document within your estate plan cost $500. Since every estate plan that anderson advisors creates for our clients includes a living trust, a pour-over will, and financial and healthcare powers of attorney, that means that one change to all of your documents — just one! — could cost $1500.

If a trust (also known as a “living trust”) was not established, and there is only a will, the family of the deceased must go through probate. If there simply is no will, no matter the amount of the assets, the family must also go through probate. Learn more.

Most people use living trusts to avoid probate. Probate is the court-supervised process of wrapping up a person’s estate. Probate can be expensive, time consuming, and is often more of a burden than a help. Property left through a living trust can pass to beneficiaries without probate. Learn more about probate in nolo’s probate faq.

Different kinds of trusts are designed to meet different needs and objectives. The examples that follow are some of the types that may be available to you. A living trust takes effect during your lifetime and allows you, as grantor, to be both the trustee and the beneficiary. Upon your death, a designated successor trustee manages and/or distributes the remaining assets according to the terms set in the trust, avoiding the probate process. In addition, should you become incapacitated during the term of the trust, the successor or co-trustee can take over its management.

Common Questions About Living Trusts

The advantages to a living trust are numerous, which is why living trusts are so commonly included in a comprehensive estate plan. To some extent, the specific advantages of a living trust will depend on whether the trust is a revocable or irrevocable living trust; however, some advantages apply to both. Among the advantages of a living trust are:.

A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the consent of the beneficiaries. A trust is a separate legal entity a person sets up to manage his assets. Trusts are set up during a person's lifetime to assure that assets are used in a way in which the person setting up the trust deems appropriate. Once assets are placed inside a trust, a third party, known as a trustee, manages them. The trustee determines how the assets are invested and to whom they are distributed when the owner of the trust dies, though a trustee must manage the trust in accordance with the guidelines laid out when the trust was formed. It is common for a wealthy person to use a trust as opposed to a will for estate planning and for stipulating what happens to his wealth upon his death. Trusts are also a way to reduce tax burdens and avoid assets going to probate.

Making a Probate-Avoidance Living Trust

Making changes to a living trust depends on whether it is revocable or irrevocable. If it is revocable, you can change it by a few different methods, some of which are easier than the others. These include revoking, amending, and/or restating it.

Attorney vs. Lawyer: Which Do You Need?

The terms attorney and lawyer are often used interchangeably with each other. Both professions work within the same areas and their duties sometimes overlap. However, there is a key difference between the two professions. A dispute over hiring an attorney vs. Lawyer can be easily decided based on one singular factor: whether you need to be represented in a court of law.

Important: the california attorney general does not give legal advice to individuals. If you are trying to decide how to provide for the distribution of your assets or care of your children after you die and you need legal assistance, you should hire your own lawyer. For more information, go to attorneys/lawyers page or visit the california state bar website.

————————————————————— dedicated to serving children & adults who need protection as a trial lawyer for the past 30 years, attorney milne has successfully handled a wide range of personal injury cases including: wrongful death, medical negligence, nursing home negligence, construction site accidents, toxic exposure, products liability and general liability cases. In congruence with his pro bono representation of courthouse workers at the norfolk probate and family court and middlesex superior courthouse formerly in cambridge and other public service, attorney milne has gained the respect of his peers and served as president of the massachusetts academy of trial attorneys. Attorney milne now dedicates himself fully to administering trusts for children and adults in need of protection.

Some states used to require the renewal of a power of attorney for continuing validity. Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document. You should periodically meet with your lawyer, however, to revisit your power of attorney and consider whether your choice of agent still meets your needs and learn whether developments in state law affect your power of attorney. Some powers of attorney expressly include termination dates to minimize the risk of former friends or spouses continuing to serve as agents. It is vital that you review the continued effectiveness of your documents periodically.

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It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can: ensure the attorney is currently licensed to practice in your state gain an understanding of his or her historical disciplinary record, if any.

Do I Need a Lawyer to Help with My Trust Dispute?

Would you entrust a personal-injury claim, divorce settlement or high-stakes contract to an algorithm? a growing number of apps and digital services are betting you will, attracting millions of silicon valley investment dollars but raising questions about the limits and ethics of technology in the legal sphere. Among the leaders in the emergent robo-lawyering field is donotpay, an app dreamed up by joshua browder in 2015, when he was a 17-year-old stanford university student, to help friends dispute parking tickets. The app,.

How can a trusts and estates attorney help you? trust and estate attorneys help clients plan for the efficient and effective transfer of assets to spouses, to younger generation family members, to other persons clients wish to benefit, and to charities. The practice involves the preparation of trust agreements, wills, powers of attorney, medical directives, and closely held business structures, including partnerships, limited liability companies, and corporations.

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