Legal Action Workshop, a Professional Corporation, has been handling Probate matters for over 36 years. Clients typically have properties or other assets in Los Angeles County, but could also have assets that need to be resolved in Orange, San Bernardino or Riverside Counties. No matter where the property or assets exist, the first step for any possible Probate matter is to have a consultation with Attorney Stephen Marc Drucker to determine the specific issues of the Probate. Legal Action Workshop offers a FREE initial consultation for Probate matters.
Attorney Drucker, owner of Legal Action Workshop, strives to make the Probate system work for you. In order to do this, clients can consult with him by phone or in person and he quickly determines if a Probate is required or not. If a family member or friend has passed away and did not have a Trust (also called a Living Trust) and the assets are over $150,000 then a Probate may be necessary. If the assets are below $150,000 a Probate Code Declaration or other shorter process may be needed. Although a Will does not avoid Probate, it may help in designating an executor of the estate as well as how the assets are to be distributed.
Attorney Drucker states, “A short conversation with a client regarding his/her possible Probate can quickly answer questions and determine what needs to be done”. Attorney Drucker can also give clients a realistic idea of cost. Most people are surprised to find out that Probate fees are not paid up front. In fact, most of the fees are paid at the conclusion of the Probate process.
Legal Action Workshop makes the Probate process understandable by answering all questions promptly as they occur. Attorney Drucker explains, “Most Probates take anywhere from 8 months to 1 year to complete. I try to make sure that all documents are filed in a timely fashion so as to expedite the process.” With more than 1,000 Probates completed over the span of 36 years, Attorney Drucker understands the Probate court system.
In many Probate cases the court requires a Bond to protect the assets in the estate. Attorney Drucker will advise if a Bond is required, and then contact the bonding company to issue the Bond. Once the Bond is issued, the Probate can proceed.
If the probated property is real estate, then the beneficiaries need to decide if they wish to sell the real estate or keep it. If the real estate needs to be sold, there are 2 kinds of sales—one requires a court confirmation hearing and one does not. Attorney Drucker will explain which option is in the best interest of the client.
It should be emphasized that creditors should not be paid in a Probate unless a formal creditor’s claim has been filed with the court. In many instances, these creditor claims can be negotiated so that the full amount of the claim is not paid. Again, Attorney Drucker is very experienced in negotiating creditor’s claims.
In conclusion, the best way to make the California Probate system work for you is to hire a very experienced Attorney in Probate matters. As such, Legal Action Workshop and Attorney Stephen Marc Drucker seems to fit the bill. Attorney Drucker is available to answer questions and help clients through the process.
My deceased parents estate has a living trust. There are monies in excess of $150K that were not part of the living trust. My sister is the trustee and has retained an attorney to have the funds transferred to the trust. Her attorney has contacted me and sent documents to sign to expedite the matter. I am reluctant to sign since I have not seen any proceeds from the estate and don’t think I would see any of the monies being withheld by Wells Fargo (estimated @ $180K).
Can you provide advice / assistance?
Joe:
It’s best that you take that document to an attorney to get an opinion. Where are you located? If you are located near Glendale, CA you could call us and bring the document in so that we can explain what it is. However, if you are not close, you could take it to a probate attorney in your area and have them take a look.
Hope this helps!
My dad passed away and he had no will. Would a joint checking and savings account be part of the probate or just property.
No, a joint savings account or checking account would not need to go into the probate as long as the joint person on the account is alive and able to handle the account. Usually property such as a house or condo would need to be probated when there is no Will or Trust.
Hope this helps!
Please call us @ 818-630-5503 to discuss further.