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. 

  1. 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. 
  2. 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). 
  3. 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.
  4. The personal representative gathers assets and prepares an inventory and appraisal form.  An appraisal of nonmonetary assets often will also be needed.
  5. Creditors are formally notified and debts are paid.
  6. A final income tax return is prepared for the person who died.
  7. The probate court figures out who gets what property.
  8. The personal representative may be required to file additional forms to confirm the sales of real property.
  9. A final estate tax return is required under certain circumstances.
  10. 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.

 

 

 

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. 

 

5 Important Estate Planning Documents to Have in Place During the COVID-19 Pandemic

The unfortunate reality of the current global pandemic is that anyone can find themselves sick in the hospital and possibly no longer able to make their own financial or medical decisions. Because of this, the last thing that anyone wants is to become incapacitated without the proper estate planning documents in place.

Read on to discover what we consider the five most essential documents you should either create or update during the current COVID-19 outbreak to protect yourself, your property, and your loved ones.

Will:

 

Your will is the legal document that instructs how to distribute your assets after your death and appoints guardians for any dependents or minor children. Dying without a will leaves your assets and property in the hands of your state’s laws.

It is also recommended that you review all beneficiary designations for retirement plans and life insurance to ensure that they are current.

Healthcare Power of Attorney

It’s essential to authorize someone you trust to make medical decisions on your behalf in case of a medical emergency that leaves you incapacitated and unable to communicate your own wishes. A durable power of attorney for health care permits you to make such an authorization.

Living Will:

 

A living will is sometimes called an advance care directive. This document outlines the kind of medical care you want if you are terminally ill. For instance, you can make it known whether you want to be kept alive on life-support systems, such as a respirator or feeding tube. You can also include instructions for organ donation.

Durable Financial Power of Attorney:

 

You also may want to make sure that your family has some kind of access to your finances in order to pay bills and medical expenses if you are unable to do so on your own. That’s why another important document to prepare is your financial power of attorney. This document gives someone the authority to handle financial transactions on your behalf if you become incapacitated.

HIPAA Authorization: 

 

The Health Insurance Portability and Accountability Act (HIPAA) sets federal privacy rules for medical records. However, if you’re hospitalized, you may want your spouse, children, or other close relatives to be able to communicate freely with doctors and nurses and find out how you’re doing. That’s why you may want a release document for records authorizing certain people to have rights to disclosure of your medical records.

Contact Us:

As the COVID-19 pandemic continues to actively spread through California, make sure you have the above documents in place and up-to-date, especially if you are an individual at high-risk of serious illness or death from Coronavirus.

David Knecht has extensive experience preparing Wills, Living Trusts, Durable Powers of Attorney, and Advance Health Care Directives to meet your estate planning needs. Contact David Knecht Law at 707-451-4502 today to learn more about these documents or schedule an estate planning consultation. 

 

The Importance of Up-To-Date Estate Planning During a Pandemic

 

Let’s be honest. 2020 has been a terrible, horrible, no good, very bad year. The COVID-19 pandemic has particularly made 2020 a nightmare for people across the globe. 

At times like this, thoughts of sitting down and taking care of your estate planning are probably not at the forefront of your mind. However, if you fall ill, the last thing you want to be dealing with is attorneys gathering around your hospital bed trying to finalize your estate plan. In times like these, it’s best to prepare for the worst and contact your attorney to update your estate planning documents and arrangements.

Read on to see why having a will and estate plan is more important than ever during these unprecedented times.

Have you been procrastinating?  

Procrastination is normal. No one wants to think about dying or becoming incapacitated, and it’s easy to push your end-of-life planning aside.

However, these days, many of us have more time and flexibility in our schedules than usual. And with a deadly virus spreading through California and the world, you don’t want to risk something happening to you without having a proper plan in place. So now is the time to stop procrastinating and instead prioritize creating or updating your trust or will. This is especially true for high-risk groups such as medical professionals, first responders, and the elderly or other compromised individuals.

Are your loved ones, assets, and personal desires protected? 

Many people only think of estate planning in the context of the wealthy or elderly. However, anyone over the age of 18 should start thinking about their estate plan. This is true regardless of your income level, marital status, or number of children. No matter your situation, it’s crucial to take steps to protect your loved ones, your property, and your personal wishes in your will or trust.

Here are some key areas to consider covering in your estate planning documents:

  • Clarifying the distribution of your assets
  • Naming guardians for minors and dependents
  • Laying out a long-term health care plan
  • Arranging for important family keepsakes and personal items
  • Communicating final wishes, funeral arrangements, and burial requests

Do you need peace of mind? 

During times like these, many people’s emotional and mental health suffers. People are worried about their health and safety, their job security, their financial situation, and their ability to engage in social activities in the future.

Because of this, the last thing that anyone needs is for a lack of personal estate planning to add to their anxiety and stress. Meeting with an attorney and making sure that your loved ones and property are taken care of can bring you that extra peace of mind you may be needing.

Contact Us:

As the COVID-19 pandemic continues to actively spread through California, stay on top of things and make sure your estate plan is up-to-date. Contact David Knecht Law today to schedule an estate planning consultation.

 

5 Considerations for People Going Through a Divorce During the COVID-19 Pandemic

When COVID-19 put many portions of the country under lockdown and social restrictions this year, people found themselves spending a lot more time at home. While many have enjoyed the experience of working from home and being quarantined with their family members, the forced togetherness has certainly not been good for some marriages and relationships. Indeed, by April 2020, the interest in divorce had already increased by 34% in the United States. 

If you find yourself going through a divorce this year, read on to discover five important issues we recommend that you take under consideration.

Assets:

 

The global and national economies have seen significant effects and instability as a result of fears related to COVID-19. If you’re currently in the process of negotiating the allocation of assets and finances during your divorce, it’s important to be mindful of the impact the economy and market may have on these assets.

Financial Obligations:

 

For divorcing spouses who have lost their employment due to the COVID-19 pandemic, there are likely questions and concerns surrounding financial obligations such as alimony or child support payments. If you’ve suffered a change in financial circumstances, it’s important to address your situation with your attorney to see if anything can be modified or done to alleviate some financial pressure.

Health Insurance:

 

Now is certainly not an ideal time to be without medical insurance coverage. If you’re going through a divorce, keep in mind that your health insurance plan will likely need to change if you were a member of your former spouse’s health insurance policy. Make sure you know your situation and your options before the divorce is finalized.

Parenting Concerns and Communication:

 

For divorcing spouses with children, now is the time to set aside any animosity and cooperate with each other in the best interests of their children. It’s crucial that each parent stay updated and provide notice to the other parent of any health-related changes impacting their child or whether anyone in their respective homes has tested positive for the COVI-19 virus. Parents should also timely share Coronavirus-related information received from their children’s school or extra-curricular activities.

Court Operations:

 

For those who need certain divorce matters addressed in court or in a mediation, they may have found certain court dates and meetings being postponed or altered due to the COVID-19 pandemic. This is something for anyone in the middle of divorce proceedings to be aware of and to discuss with their attorney.

Contact Us:

A divorce is never easy. The events of 2020 have undoubtedly made family law issues even more difficult. However, a knowledgeable family law attorney can assist you with the legal issues surrounding your divorce, especially any new concerns or questions that have arisen during the COVID-19 pandemic.

David W. Knecht has years of experience handling various divorce cases in California. Contact David Knecht Law at 707-451-4502 today to learn more or schedule a consultation. 

 

How to Know You Selected the Right Trust Administration Attorney 

 

Trust administration is the management of property after the settlor’s death according to the trust document’s terms and for the benefit of the beneficiaries. It can be overwhelming, time-consuming, and confusing. That’s why an experienced trust administration attorney is recommended to help trustees navigate the process and understand their obligations. 

Here at the Law Offices of David W. Knecht, we have extensive experience in assisting with the administration of trusts. Read on to learn about some of the most important characteristics of a good trust administration attorney!

  • Thoroughly explains your duties as trustee: The main challenge for a trustee is that they have ethical responsibilities in handling another’s financial affairs, but they often are first-time trustees and do not know what is required and expected of them. In the worst case scenario, an inexperienced trustee will end up personally liable for mistakes. The best way to prevent that from happening and to achieve success with the trust is to have an experienced trust administration attorney thoroughly explain your obligations and duties.

 

  • Guides you through the entire process: Trust administration involves a range of estate planning tasks, including providing required notices to beneficiaries, handling tax issues, protecting assets and facilitating their proper distribution, managing debts and liabilities, etc. An experienced attorney will be able to answer your trust administration questions, review your specific situation, and help you throughout the entire process.   

 

  • Clarity: Trust administration leaves a lot on a trustee’s plate. The last thing you need is an attorney who uses technical and confusing “legalese” that simply adds to your stress. An experienced attorney will be able to simplify the trust administration process for you and explain your responsibilities and goals in a clear, straightforward way.  

 

  • Responds to you quickly: Besides being able to communicate clearly, a great trust administration attorney will also make himself available to promptly respond to you, answer your questions, and assist you with your needs.  

 

  • Comfort and trust: An attorney-client relationship, like any relationship, needs to feel comfortable. Through the often stressful and emotionally-taxing trust administration process, you need to feel comfortable sharing all important information about the trust, asking the questions on your mind, and seeking help during the administration of the trust whenever needed. 

For trustees beginning the process of administering a trust, let an attorney who knows what he’s doing help you with the next steps. Contact David Knecht Law today to schedule a consultation and learn more! 

3 Qualities of a Capable Probate Lawyer

 

The American Bar Association defines probate as “the court-supervised legal procedure that determines the validity of your will.” When an individual dies, their will is filed with the court and the probate process begins. During this process, the estate’s property, debts, and claims are inventoried, appraised, and eventually distributed to beneficiaries according to the will. 

This process can be time-consuming, complicated, and overwhelming, especially when dealing with the recent loss of a loved one. A qualified probate attorney can help you through it all. Read on to learn about some of the most essential qualities that you should look for when selecting a probate attorney. 

 

  • Knowledge and Experience:

A probate attorney should be well-versed in the complex laws and court procedures that are involved in the probate process. You’ll particularly want to work with an attorney who understands California probate law and who has kept up-to-date on the most recent changes to the state’s statutes and case law developments. 

You’ll also want to find a probate lawyer with plenty of experience. Never select a probate lawyer who is just starting out. Look for an attorney who has practiced California probate law extensively and who understands the nuances of your local court, so that you can be sure you have a qualified person handling your case.  

 

  • Effective Communication:

Every lawyer needs effective communication skills. This is particularly true for probate lawyers because the job requires clear communication with a number of people, including the executor, the court, and the client. 

What this means is that you’ll want to find a lawyer who can not only advocate well for you in front of a judge or an executor, but who can also help you understand the probate process. Estate planning can be complicated. The best probate lawyers can answer all your questions and explain the probate process to you in the most simple and straightforward way possible. 

 

  • Empathy 

Losing a loved one is difficult. While you might not want to even think about estate planning and probate while you’re dealing with such loss, these issues need to be resolved quickly and effectively. 

Because of the sensitive nature of the probate process, it’s important for the lawyer handling the case to be compassionate and empathetic towards their client. The best kind of lawyer will be sensitive to their client’s needs, alleviate the stress of handling the deceased individual’s estate, and quickly resolve any problems that arise during the probate process.

With the professional advice and assistance of a California probate attorney, you can ensure your loved one’s estate is properly taken care of. Contact David Knecht Law today to schedule a consultation!    

 

3 Things to Look for When Selecting an Attorney to Prepare Your Living Trust 

A living trust is an estate planning document created and legally in existence during the grantor’s lifetime. The main advantage of a living trust is that it does not have to go through the standard probate process, so your funds and assets can be distributed more quickly when you die or become incapacitated than they would be able to with a standard will. 

While it’s possible to make your own living trust, hiring an estate planning attorney will help ensure that your loved ones and property are protected. Read on to discover what qualities to look for when hiring an attorney to create your living trust:

 

  • Experience: 

When looking for a qualified attorney to assist you with your living trust, it’s very important to look for a law firm that has extensive experience in estate planning. Because some of the legal issues in estate planning vary by state and even by county, it’s also important to find a firm with experience serving clients in your area. 

Spend some time looking for an attorney with local experience who is familiar with constructing and implementing living trusts for people in situations similar to your own. 

 

  • Trust: 

When selecting an attorney to prepare your living trust, it’s also important to ask yourself the following questions: Do I feel comfortable with this person? Can I see myself working closely with this attorney? Do I trust this attorney enough to share my personal information? 

Keep in mind that you’ll be sharing intimate details about your life and your family with your estate planning attorney. It becomes one of the most personal professional relationships that you have. You will want to feel comfortable with this person, and you will want someone who can answer all your questions and provide you the personalized attention that you need. 

 

 

  • Reasonable Fees:

Legal fees are another crucial consideration when you’re selecting an attorney to prepare your living trust. It’s often worth it to pay to have the peace of mind that a qualified and professional estate planning attorney brings when you’re setting up a living trust. However, make sure that you have an understanding of what the cost will be for your particular case. A good attorney will be clear about their billing practices, and they will let you know what you will be charged for and if any additional costs come up. 

Your estate planning attorney is the person who helps you make sure that your loved ones and property are taken care of. Make sure that it’s someone you can feel confident in. 

Contact David Knecht Law today to schedule a consultation to discuss whether a living trust is right for you! 

 

Emergency Rules for Solano Superior Court during COVID-19 Pandemic

This article will summarize a few of the emergency rules for Solano Superior Court that have been enacted to manage the COVID-19 pandemic.  For a list of all the rules go to https://www.solano.courts.ca.gov/ and click on Emergency Operations Documents.  

 

  • Do I Need to Wear A Mask to Court to Protect from Covid-19?

 

The mask rule currently in place in Solano County Superior Court.  The full information can be found here.  https://www.solano.courts.ca.gov/materials/SSC_EO/Face_Mask_Order.pdf

  • Who needs to wear a mask?

Anyone over three years old needs to wear a mask that covers their nose and mouth. 

 

  • What about a person who has a disability?

 

The mask rule does not apply to anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove a mask without assistance.  It doesn’t apply to anyone with a medical condition or disability for whom wearing a mask is not recommended by a healthcare professional.  The mask rule doesn’t apply to anyone exempted by federal, state, or local law or regulation.  

 

  •  How does a Court Hearing with Zoom Work?

The guidelines for Zoom hearings in the Solano Superior Court can be found here.  https://www.solano.courts.ca.gov/materials/SSC_EO/Solano_Guidelines_for_Zoom_07-10-20.pdf

 

  •  What should I wear to a zoom hearing for court?

 

The guidelines indicate that you should dress as if you were appearing in court in person. 

 

  • When can I speak on a zoom court hearing?

 

You  will be place on mute when you enter the hearing.  You should wait until the judge call on you and then you should announce your name when you begin speaking.  

 

  •  Where can I find more information on whether my hearing has been continued?

You can find information on continued hearings on the court website at https://www.solano.courts.ca.gov/.  

 

CUSTODY AND PARENTING IN SOLANO COUNTY DURING THE COVID-19 PANDEMIC Custody and Parenting in Solano County During The COVID-19 Pandemic

 

The Solano County Superior Court has issued recommendations for custody and parenting during the COVID-19 pandemic. This article will summarize these recommendations as a helpful resource to parents who are navigating custody and parenting during these challenging times. For the complete list of recommendations, go to https://www.solano.courts.ca.gov/materials/SSC_EO/Notice_to_Parents_Regarding_Custody_and_Parenting_Time_During_COVID-19_Pandemic.pdf

1. Vacation/Holidays Are As If Children Were Still Attending School.  

If schools are closed, parenting time shall continue as if children are still attending school and the closure of school for COVID-19 shall not be considered an extension of any break/vacation/weekend.  

 

  • COVID-19 Should Not Be the Sole Basis For Denying Time. 

 

Generally, COVID-19 should not be the sole reason to deny parenting time and the presumption is that parents are considered fit to make day-to-day decisions about the children, with the recommendation that parents follow state and local guidance on social distancing and sanitation. 

 

  •  Parenting Time in Public is Not Prohibited If Locations Are Permitted Under State Guidelines. 

 

If state guidelines allow for the public to be in a place, such as a public park, then parenting time in such places is not prohibited.  However, parents are encouraged to avoid locations such as parks and play equipment where virus transmission via contact would be risky.  If safe parenting time in public is not possible, then videoconferencing or telephone visits should be made available. 

2. Parties Should Work Collaboratively Where Supervised Parenting Time Is Not Available.

If a supervisor is not available due to COVID-19 or government orders for supervised parenting time, the parties should work together to make sure that the parenting time is effectuated in a way that is conducive to their children’s safety and well being, and parties may consider videoconferencing or telephone visits. 

 

  •  Travel Should Be Limited 

 

Travel should be limited to essential activities, which include caring for minors, dependents and family members. 

 

  •  CDC Guidelines Should Be Followed During Exchanges

When children are being exchanged, all parties should follow the CDC guideline for limiting the spread of the virus.  This means making reasonable changes in light of the risk, which may be choosing an alternate place for exchanges with fewer people.  

 

  •  Be Aware of Other Needs for First Responders When Calling for Parenting Disputes

 

Parents are encouraged to consider the need for first responders to be available for emergencies and support related to the COVID-19 outbreak. 

 

  •  Communication and Transparency are Encouraged During the pandemic

 

Parents are encouraged to work together and talk about the precautions they are taking to protect their children.  However, a parent cannot deny parenting time to another parent who does not want to discuss safety measures or on the basis that one parent thinks the other is not taking enough precautions. 

3. Parents are Encouraged to Schedule Makeup Parenting Time

Parents are encouraged to collaborate to schedule make up parenting time for time that was missed due to COVID-19 or other government orders.  Parents should prioritize their children’s health and safety and work together to create a plan that promoted the best interests of their children.