Probate and Trust Administration

Dealing with the loss of a loved one can be overwhelming.  As you cope with your grief, you also have to think about how the estate is to be distributed per your loved one's will or trust.  If you have been nominated to be the executor of a will or trustee of a trust, you will most likely be bombarded with demands from the beneficiaries, creditors and even the government.  The Grossman Law Firm, A.P.C. guides executors, trustees, administrators, heirs and beneficiaries through the complex process of probating a will and administering a trust. 

Contact us today at (951) 683-3704 or (866) 540-0000 for a free 30 minute telephone consultation. 

Probating a Will

Many people are confused about how a will is probated.  Probate, which refers to the legal process dealing with the administration of the estate, can be time consuming, especially if you are unfamiliar with the California Probate Code.  The law mandates court supervision before property passes to the heirs and beneficiaries. The probate process consists of the following steps:

• The will is submitted to the appropriate probate court
• The court appoints the executor
• Estate assets are gathered
• Notice is given to all heirs and creditors
• Debts of the estate are paid
• An accounting is filed with the probate court
• Money and assets of the estate are distributed according to the will

As the executor or administrator, you may be faced with various challenges, such as real estate that must be sold, pending legal claims against the estate, tax issues and unsatisfied beneficiaries who threaten to sue.  A knowledgeable probate attorney can help you overcome these obstacles and can provide the expert legal advice that is needed when probating a will.


Administering a Trust

Probate court can often be avoided with a trust.  A trust goes beyond the details of a will by describing how and when the assets should be distributed.  If you have been nominated the trustee of a trust, you now have an immense responsibility, which includes the following duties:

• Taking control of the assets in the trust
• Informing the beneficiaries and Internal Revenue Service (IRS) that you are the trustee
• Being accountable to the beneficiaries
• Appropriately investing the trust's assets
• Managing and investing the assets in the trust according to trust's instructions
• Making vital tax decisions that can impact the trust's assets

 

The Grossman Law Firm, A.P.C. can help you properly administer the trust.  We understand that family dynamics can cause strife among the beneficiaries, which is why we provide assistance with trust administration to prevent conflict over the trust estate and keep you, the trustee, out of trouble.


How We Can Help

The Grossman Law Firm, A.P.C., located in Riverside and Temecula, California, focuses our practice to areas relating to wills and trusts.  There are different plea and notice requirements relating to this area of law. Our experienced trust administration and probate attorneys are at the probate courts on a regular basis.  We are able to help families quickly and efficiently transfer the estate assets from one generation to the next. 

In addition to providing expert representation, Scott Grossman has produced an educational video (link to video page) that discusses probate and trust administration.  He has also authored several books to help his clients, including the following:

The Insider's Guide to California Probate and Trust Administration - What every Californian should know about probate and trust administration after the death of a loved one is addressed in this book.  Whether you are an executor, administrator, trustee, or beneficiary you need the information in this book!

 
Contact us at (951) 683-3704 or (866) 540-0000 for a free consultation regarding probate and trust administration.  Do not delay in seeking legal advice.  Waiting too long can cost you time, money and frustration.


The Grossman Law Firm, A.P.C. represents clients in Riverside, Temecula, Murrieta, Hemet, Redlands, Chino, Ontario, San Bernardino, Palm Springs, Indio, Palm Desert, Riverside County and San Bernardino County.

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Blog for Probate and Trust Administration

• Estate tax uncertainty complicates trust administration
• Probate lawyers don't get to invest probate funds
• Joe Jackson can't contest appointment of executors
• A will is not a trust and trust is not a will
• DJ AM dies without a will
• Should a fiduciary have an attorney in probate court?
• Redlands Probate Court to close
• Choosing your California probate lawyer
• Foreclosure and probate in California
• Riverside probate lawyer releases free California probate book and DVD
• San Diego probate lawyer releases free California probate book and DVD
• Riverside County probate court has proposed rule to change venue of Banning cases
• Riverside County has unpublished rules for mid-county probate venue
• Where is the San Diego probate court?
• Indio probate court moves to Palm Springs
• Where is the San Bernardino County Probate Court?
• Preserving a probate inheritance for a disabled child
• Selling a home in probate during a declining real estate market
• Where is the Riverside County Probate Court?

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Library for Probate and Trust Administration:

• Trust administration creditors claim procedure   
  Description: Trust administration creditors claim procedure
• How to choose a San Diego, California probate attorney   
  Description: How to choose a San Diego, California probate attorney
• Your probate attorney should not be your conservatorship attorney   
  Description: Your probate attorney should not be your conservatorship attorney
• California probate lawyers: how to choose yours - Part 1   
  Description: California probate lawyers: how to choose yours - Part 1
• California probate lawyers: how to choose yours- Part 2   
  Description: California probate lawyers: how to choose yours - Part 2
• Foreclosure and Probate in California   
  Description: Foreclosure and Probate in California
• California probate and trust law gives equal treament to registered domestic partners   
  Description: California probate and trust law treats registered domestic partners the same as married couples
• Filing a trust with the probate court may be necessary as part of a probate proceeding   
  Description: Filing a trust with a California probate court may be necessary in certain probate proceedings
• When both probate and trust administration are necessary in California   
  Description: Probate and trust administration may both be necessary in California under certain circumstances.
• Paying your California probate lawyer   
  Description: How California probate lawyers or California probate attorneys get paid

View All

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Frequent Questions for Probate and Trust Administration:

• What is a will?
• I want to hire an attorney but my co-trustee doesn't want me to hire an attorney.  What can I do?
• My father died without a will.  Can his children just come into his home and take what they want?

• How do I choose a California probate lawyer for my case?

• Can a house in probate be saved from foreclosure?
• In California does a person's trust have to be filed with the probate court when they die?

• How do I protect a California probate estate from creditors?

• My husband (or wife) recently died.  Do I have to do a  California probate of their estate?

• Where do I look for California Probate Law?
• If I have a will, why do I still have to do a probate?
• My parents have died. What do I need to do to transfer the title to their house?
• I'm the trustee of my parents' trust and they have both died.  Do I need to do anything or can I just transfer their assets?
• I don't know if my parents had a will or trust when they died.  What should I do?
• How do I get a copy of my parents trust now that they're both dead?
• The trustee of my parents' trust won't give me any information. What should I do?

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Case Results for Probate and Trust Administration:

• Beneficiary of a Probate Estate Receives Proceeds

Awarded: Confidential

• San Bernardino probate and trust administration of same estate
• Difficult San Bernardino County probate successfully concluded

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Web Resources for Probate and Trust Administration:

• San Bernardino County Superior Courts

  Description: Information on the San Bernardino County Superior Courts including the Redlands Probate Court

• San Diego County Superior Court

  Description: Website of the San Diego County Superior Court including the San Diego probate court and the North County probate court in Vista.

• California Probate Law

  Description: California Law (including the California Probate Code) on-line

• Riverside County Superior Court

  Description: All Riverside County Courts including the Probate Courts in Riverside, Hemet, and Palm Springs

View All