In California, probate is the legal process of administering the estate of a deceased person. The purpose of probate is to ensure that the deceased person’s assets are distributed according to their will or, if they did not have a will, according to the laws of the state.
If the deceased person had a will, the will must be filed with the probate court in the county where the deceased person lived at the time of their death
The probate court will appoint an executor, who is responsible for collecting the deceased person’s assets, paying their debts and taxes, and distributing the remaining assets to the beneficiaries named in the will. If the deceased person did not have a will, the court will appoint an administrator to handle the estate.
The probate process can be complex and time-consuming, and it is often advisable to seek the assistance of a probate attorney. If the deceased person’s estate is small, or if they had a trust in place, it may be possible to avoid probate altogether.
Practice Areas
Estate Planning
Estate planning is the process of establishing a Trust, Will, Durable Power of Attorney, and other related documents during your lifetime.
Estate Administration
Probate
Probate is the legal proceeding supervised by the Superior Court used to transfer title to assets when a person is deceased.
Estate Litigation
Advanced Estate Planning
Families with substantial estates require additional strategies beyond a typical Estate Plan to reduce and offset Estate Tax liabilities.
Conservatorship
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The quickest way to get assistance is to contact us directly at 310-316-2400 or by emailing us at info@ledwitzlaw.com.
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Recent Blogs
Keeping Track of Trust Assets
When someone passes away, one of the first things a Trustee need to do is to find out what assets are in the trust, which need to be put into the trust, and which have direct beneficiary designations. Most estate plans have an inventory sheet where all the trust assets are listed, but most people ignore it, or the inventory in it gets outdated over time.
The best place to start is by collecting the deceased person’s mail.
Estate Planning Lessons We Can Learn From Elvis’ Mistakes
Elvis’ estate planning failures certainly adversely affected the life of his daughter, Lisa Marie, and have carried over into issues with her estate.
How the ERC can help keep businesses on track financially
It’s no secret that the past few years have been rough for most business owners. But just because the pandemic is just about in the rear-view mirror, that doesn’t mean financial help for businesses is no longer available.
Longtime estate planning attorney Samuel B. Ledwitz, who also works with dozens of small business owners, said the employee retention credit — or ERC — can still help businesses get back — or stay — on fiscal track.
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