PROBATE

Probate is a Public LAWSUIT that you file against yourself, with your own MONEY for the protection of CREDITORS! It is a proceeding in which an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who are entitled to inherit), all under the supervision of the court. Predators may learn of your loved one’s inheritance and seek to separate them from their assets.

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. If a person dies without a will, the court will administer the estate and distribute the deceased person's property according to the California State Probate Law. Attorney fees in the Probate administration are pre defined by the California Probate Code. If your loved one has deceased, we can help you administer the will and make the process as painless and easy as possible. Please contact us so we can help you administer the estate.

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Estate planning is about love for your family and keeping the peace after you are gone. It is also about protecting your assets, avoiding probate and reducing or eliminating estate taxes for your loved ones—which a properly drafted living trust can do. We draft a complete customized estate plan because we know every family is different and their needs are different—no one size fits all trusts! Every adult must have a Will, Healthcare Power of Attorney and Durable Power of Attorney, whether or not they have any assets, to avoid Conservatorship. Conservatorships can become very expensive and frustrating. Read about Conservatorship below.

​PROBATE: If a person with substantial assets dies without a Trust their estate goes through the Probate court before the assets are distributed to the beneficiaries (named in their Will or as per the state laws if there is no Will). The probate process and the mechanisms that transfer property from you to your appointed heirs upon your death, are challenging, intricate, and require attention. Let our professional experience serve you in restoring your piece of mind and protecting your family's assets by avoiding Probate or by helping your loved with the process.

MEDI-CAL TRUSTS: For Medi-Cal Trusts, pre planning is the key because there is a look back period. Medi-Cal Trusts help you to be eligible for the State's Medi-Cal benefits but avoid the State liens on your assets so you can leave your assets to your loved ones lien free. It is a good idea for the children to have their elderly parents have a Medi-Cal trust to save their inheritance.

SPECIAL NEEDS TRUSTS: As a parent of a child with special needs, it pays to protect your child in the event of your death. A well-planned Special Needs Trust (SNT) enables your child to cover his/her immediate needs in the event something unexpected happens to you. Special Needs Trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medical and Supplemental Security Income (SSI). Special Needs Trusts pay for comforts and luxuries -- "special needs" -- that could not be paid for by public assistance funds. Do not rely on a family member to take care of special needs beneficiary without a SNT. Majority of SNT litigations involve a family member abusing their powers and neglecting the SN beneficiary.

BUSINESS: Starting a Business? Corporation or LLC? Which one is a better choice? Buying a Business? Need a Buy-Sell agreement? Starting a Non-Profit organization? Want to create a Charitable Trust? Need a Contract or want to get one reviewed or have a contract dispute? Have a Contract dispute? We can help!

If you weren't here... Who would care for your child? Appoint a Guardian Today! You want the best for your children, even if you're not there. Don't leave your child's guardianship to chance. Let SNC Law Offices help you create an estate plan that gives your child the future and protection they deserve. If the parents are deceased and you need help to appoint yourself as the guardians of minors, we can help. Please contact us.

Probate administration involves following specific procedures and rules, and appointing the personal representatives, giving/publishing notices to all known/unknown creditors, Inventory and Appraisals, Accounting and then Distribution. The Probate Administration usually takes between 6 months to 2 years to close. 

Note: The steps mentioned above are to give you a general idea. Probate Administration involves various steps, which will differ for every estate

PROBATE FEE:

California Probate Code section 10810 sets the maximum statutory fees that attorneys can charge for a probate. Higher fees can be ordered by a court for more complicated cases. The fees are four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000, and one-half percent of the next $15,000,000. For estates larger than $25,000,000, the court will determine the fee for the amount that is greater than $25,000,000.
The value of the estate is determined, in general, by the inventory for the estate. Debts are not included in determining attorney's fees, and if a house is appraised at $1,000,000, for example, and it has a mortgage of $800,000, it is still considered a $1,000,000 asset for the purpose of calculating attorney's fees.

​A typical estate might incur an additional$1,000 to $3,000 in court costs and other required fees.

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