Archives for January 2021

First Steps in Dealing with the Estate when Someone Dies

When a person passes, the family and friends left behind will often wonder what to do. This article will provide an overview of how to deal with the estate. Source: https://www.courts.ca.gov/8865.htm. It isn’t uncommon for people to feel completely overwhelmed with the task of figuring out the estate when they are already overcome with grief and pain from the passing, so feel free to reach out to the Law Office of David Knecht for a consultation on how we can help you through this difficult time.

Find out who will be the estate representative.

The first step is to find out who will be the estate representative. If there is a will, then the person named as executor in the will is the representative. If there is no will, there are two possibilities: Under certain conditions, the estate can pass through simplified procedures informally, and under other conditions, the case has to go through a formal probate court case where the court appoints an administrator.

The estate representative should start gathering information and fulfilling duties.

The role of the estate representative is to are many important steps the estate representative is to take care of the estate and make sure it is distributed correctly. This can include many steps, a few examples of which are as follows: Get certified copies of the death certificate, find the will, collect and safeguard assets such as bank account funds, life insurance proceeds, veteran’s benefits, Social Security death and survivor benefit, real property (homes, cabins), collect the mail and any important papers, cancel credit cards and subscriptions, and manage digital assets (like a social media profile), notify the Franchise Tax Board, notify the Social Security Administration if the decedent was receiving monthly social security, prepare the decedent’s final income tax returns. It’s a challenging task to identify and manage all of the duties involved.

Identify the heirs and beneficiaries.

Identifying the heirs and beneficiaries can be challenging. It is usually decided by the terms of a will (if there is one), by state law if there is no will or if there is a problem with the will, or by other estate planning documents like beneficiary designations, living trusts or join tenancy arrangements. There can be problems with a will. For example, if a will is out of date, and a beneficiary has already died. Many people find that an attorney can provide assistance in this key step of identifying heirs and beneficiaries.

Inventory the property of the person who has died.

Make a list of assets and debts, which includes real property like a home or a farm, and personal which can be tangible property like cars, furniture, etc or intangible property, like stocks and bonds. Find out how it is owned and the value of the property or debt on the date of death. Consider whether the property is shared with perhaps a spouse or a business partner.

Determine the best transfer process.

When you’ve made your list of all the property, to whom it should be transferred, and what the value of it is, then final step is to determine the procedure for transfer. There may be simplified procedures available or it may have to be done formally in probate court.

Conclusion

Death is difficult, and the legal process for handling the estate can be confusing and stressful to deal with on your own. The Law Office of David Knecht, at 707-451-4502, can help you navigate the sometimes complex and confusing steps in settling the estate when someone dies. Contact us today.

Filed Under: Estates, Vacaville Attorney, Vacaville Lawyer

Can You Use Simplified Procedures to Transfer an Estate?

When a loved one passes and you face the task of settling their legal and financial affairs, you may be wondering if you need to go to probate court to obtain title to the property. The answer to this question can be complex and depends on a variety of factors such as the amount of money involved, the type of property and who is claiming the property.

Did the decedent designate a beneficiary?

If the person who passed (called a decedent), named on or more beneficiaries to receive the asset, then a simplified procedure may be used to transfer the property. Common examples of this situation would be life insurance proceeds, retirement accounts, pensions, annuities, bank accounts, stock accounts or property in a living trust.

How was the property owned?

Another important factor is looking at the type of title ownership, or in other words, how the property was owned. For example, was the property owned in a joint tenancy such that the surviving owner gets the entire property? Was the property community property with the right of survivorship, such that the surviving spouse or partner would likely get the entire asset

Was the property community property?

The community property analysis may not be as simple, however. An example is if the asset appears to community property without an explicit right of survivorship and whether a will designating that the property be divided in other ways. It’s important in community property situations to ensure that the property was not somehow changed to separate property through agreement or otherwise.

What type of benefit is involved?

Certain types of benefits can usually be collected without probate court. These include benefits such as social security survivor benefits or benefits as a dependent of a deceased veteran.

Find Answers to Your Questions

California Courts have publicly available resources explaining the probate process at https://www.courts.ca.gov, but these resources are often insufficient to answer every question. Contact the Law Office of David Knecht, at 707-451-4502. We have extensive experience and can help make this process easier to navigate.

Filed Under: Estates, Vacaville Attorney, Vacaville Lawyer

What is Probate and What Are the Steps?

Probate means that there is a court case that deals with deciding if a will exists or is valid, figuring out who the decedent’s heirs or beneficiaries are, assessing how much the property is worth, taking care o the decedent’s financial responsibilities and transferring the property to the heirs or beneficiaries.

In a probate case, the executor (if there is a will) of an administrator (if there is no will) is appointed by the court as a personal representative to collect assets, pay the debts and expenses, and then distribute the remainder of the estate to those who have the legal right to inherit. All this is under the supervision of the court. The entire case can take between 9 months to 1.5 years, perhaps longer or shorter.

This article which summarizes information from the California Courts found at https://www.courts.ca.gov/42629.htm, will give you an overview of the steps you need to take when a case must go through the probate process. For help navigating the system and answers to your questions, please contact the Law Office of David Knecht, at 707-451-4502. We have extensive experience and can help you fulfill your responsibilities to the estate and to the memory of your loved one.

Within 30 days of person’s death, take the original will to the probate court clerk’s office and send a copy of the will to the executor or to a person named in the will as a beneficiary if the executor cannot be found.
The petitioner must start a case by filing a Petition for Probate and any other required forms in the county where the person who died lived (or in the California county where that person owned property if the person lived outside California).
Certain steps ensue after the case is filed, including a hearing date, notice requirements to various parties, and paperwork review by the examiner or the judge.
The personal representative gathers assets and prepares an inventory and appraisal form. An appraisal of nonmonetary assets often will also be needed.
Creditors are formally notified and debts are paid.
A final income tax return is prepared for the person who died.
The probate court figures out who gets what property.
The personal representative may be required to file additional forms to confirm the sales of real property.
A final estate tax return is required under certain circumstances.
The personal representative reports to the court on how the estate was handled and a hearing is typically held for the court’s review.

After all the filings are reviewed and the judge is satisfied that everyone received their property properly from the estate, the court discharges the personal representative from his or her duties.

Filed Under: Probate Lawyer, Vacaville Attorney, Vacaville Lawyer

How to Understand the Words Used in Probate Cases

Losing a loved one is heart-breaking, and this time of mourning can be even more challenging for the family or friends that now have the responsibility to manage the property that is left behind. Probate is the court process for distributing the assets, paying debts, and settling the financial affairs of the person who has passed. It is an area of the law with its own vocabulary, and understanding the terms will help you navigate the system. The definitions below can also be found on https://www.courts.ca.gov/documents/Common_Words_Probate_Cases.pdf.

The Law Office of David W. Knecht helps trustees and executors administer trusts and probates. We will spend time with you explaining the process and tasks involved in successfully administering a trust or probate estate. We also prepare Wills, Living Trusts, Durable Powers of Attorney and Advance Health Care Directives to meet client’s estate planning needs. Additionally, we represent clients in trust litigation and will contests, representing trustees, executors, beneficiaries and other intended parties. Contact us at David Knecht Law at 707=451-4502 for help with any probate needs.

Administrator: the person (usually the spouse, domestic partner, or close relative) that the court appoints to manage the estate of person who dies without a Will. The administrator is also called the personal representative of the estate.

Beneficiary: a person who inherits when there is a Will.

Decedent: the person who died.

Decedent’s Estate: all real and personal property that a person owned at the time of death.

Executor: a person named in a Will and appointed by the court to carry out the dead person’s wishes. The executor is also called the personal representative of the estate.

Heir: a person who inherits when there is no Will.

Holographic Will: a Will that is handwritten, dated and signed by the person writing the Will.

Intestate: when someone dies without leaving a Will.

Intestate succession: the order of who inherits property when someone dies without a Will.

Living Trust: a trust set up during the life of a person to distribute money or property to another person or organization.

Personal Property: things like cash, stocks, jewelry, clothing, furniture, or cars. Personal Representative: the administrator or executor that the court appoints to manage the estate.

Probate: The court process for distributing a dead person’s assets, paying debts owed by the dead person, and settling the financial affairs of people when they die.

Real Property: buildings and land. Successor: anyone who has the legal right to receive property of a person who dies, either under the Will or the Probate Code.

Testate: when someone dies leaving a Will. Trust: an arrangement where property is given to someone to be held for the benefit of another person.

Will: a legal paper that lists a person’s wishes about what will happen to his or her property after death.

Contact David Knecht Law at 707-451-4502, we are happy to walk you through what you need to know and guide you through each step of the probate process.

Filed Under: Probate Lawyer, Vacaville Attorney, Vacaville Lawyer