San Bernardino Probate Lawyer
Losing a loved one is incredibly devastating, and this experience is made even more difficult when you are faced with administering their estate. If they did not develop a comprehensive, legally enforceable estate plan before passing away, your family must undergo probate, the court-supervised process of legally validating a will and distributing the assets and property within the estate according to the terms outlined in their estate plan.
Because probate involves complex legal issues, it is often difficult for the average person to navigate and takes a significant amount of time and expense to conclude. The only way to ensure you can successfully and efficiently handle the probate process is by hiring a Riverside probate lawyer to guide you and ensure you are prepared for any complications that may arise.
Consult the information below to learn more about the probate process and how an attorney can help you, then contact Sweeney Probate Law for expert legal representation. Our firm offers the experience, legal knowledge, and resources you need to navigate probate and achieve the optimal outcome for your family.
When Is Probate Necessary?
There are many options for end-of-life planning available, but few people understand these options or how they may benefit from them. A will comprises the most basic estate planning document, but it is rarely sufficient to cover all the issues a family can confront when they lose a loved one. When your loved one creates a comprehensive, legally enforceable estate plan, this ensures that their assets will be managed, preserved, and distributed after death according to their specific wishes and instructions. Failure to create an estate plan makes it necessary for your family to undergo probate to carry out the terms of their will and transfer assets to beneficiaries. The probate process is often confusing and overwhelming to navigate, especially if you are already dealing with the tragedy of losing your loved one.
What Does a Probate Attorney Do for You?
While it is possible to manage probate proceedings on your own, this approach is only recommended in cases with tiny, simple estates that do not involve complex legal issues. A Riverside probate lawyer can help a personal representative with the following tasks:
- Preparing and filing legal documents necessary for administering the estate.
- Creating an inventory of the assets and property within the estate.
- Appraising the value of these assets and property based on fair market value.
- Calculating outstanding debts by evaluating bills, files, account statements, and other financial documentation.
- Notifying creditors that they are entitled to file claims for debts against the estate.
- Paying debts, mortgages, utilities, and other financial obligations.
- Selling assets and using the proceeds to cover these obligations if the estate does not include sufficient funding.
- Collecting proceeds from insurance policies, retirement accounts, and other assets.
- Filing income tax returns on behalf of the estate.
- Determining whether the estate owes a federal estate tax.
- Notifying the beneficiaries of their interest in the estate.
- Transferring the appropriate assets to the named beneficiaries.
- Resolving disputes between beneficiaries.
What Is the Normal Fee for a Probate Lawyer?
The fee for representation by a Riverside probate lawyer depends on various factors specific to the case, including the total value of the estate, the complexity of the asset distribution, and the length of time it takes to conclude probate proceedings. Many probate attorneys in California follow a sliding scale of percentages developed by the state in which the estate’s value determines the attorney’s statutory fee. The Probate Code stipulates that an attorney may charge:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
In cases with particularly large estates valued larger than $25 million, the probate court calculates a reasonable amount that the attorney may charge for their services.
A Riverside probate lawyer can choose to follow the guidelines above, charge a flat fee, or bill clients hourly. If they charge by the hour, the cost of retaining their services will increase with the amount of time they must dedicate to resolving the case. Before signing any agreement with an attorney, ask them about their billing policies, their expectation for how long the case may take, and if they can offer an estimate for what you will pay after the probate process has reached a successful conclusion.
Should I Hire a Lawyer for Probate?
In cases where your loved one’s estate is valued at under $150,000, or they created a detailed estate plan, you may face a simplified probate process or possibly be able to avoid probate altogether. However, an estate can be more complex than it initially appears and administering the estate according to the decedent’s wishes and state law tends to be confusing, frustrating, and overwhelming. When an estate is particularly valuable and involves complicated legal issues, probate can be unavoidable and virtually impossible for the average person to manage without specialized legal knowledge and experience. A Riverside probate lawyer can ensure you understand your responsibilities, help with properly administering the estate, and resolve any disputes that may arise.
If any of the circumstances below apply to your case, you should hire a probate lawyer for legal representation:
- A beneficiary has contested the will or is planning to do so. A will contest can substantially complicate and lengthen the probate process and put beneficiaries at risk for losing the assets and property the decedent intended for them to receive. An attorney can help you resolve this issue or represent you in court if litigation becomes necessary.
- The estate includes split assets that must be divided and transferred to other parties. When the interests of another party are involved, dividing and distributing assets in a fair manner can be difficult. It may quickly become contentious if the other party feels that they are not receiving what they are rightfully owed.
- The decedent has a significant amount of debt owed to multiple creditors. An attorney will help you identify and pay off any outstanding financial obligations against the estate and negotiate with creditors to reduce these debts as much as possible, and ensure the beneficiaries receive the maximum amount possible from the estate.
- The value of the estate is insufficient to cover outstanding debts against the estate. When this occurs, an attorney can help you inventory and appraise assets within the estate and sell them off so the proceeds can be used to resolve these debts.
- The estate is valued at over $11.7 million, making it large enough that you must pay federal estate taxes on the assets. If the decedent owes federal estate taxes, an attorney can explain how estate taxes are determined and help you pay them promptly.
- The estate includes a business. An attorney can help you appraise, manage, and sell the company to recover the proceeds and transfer them to beneficiaries.
What Questions Should I Ask a Probate Attorney?
Hiring the right Riverside probate lawyer involves researching and interviewing specific attorneys to ensure they are the right fit for your case. During these interviews, you should ask the following questions:
- How many probate cases have you handled?
- Do you manage cases personally or enlist assistance from paralegals?
- How do you typically communicate with clients?
- Can I expect regular updates concerning the progress of my case?
- How do you charge clients for your services?
- Do you offer limited representation to reduce the cost of your services?
- Have you handled cases similar to mine?
- If so, what was the outcome of the case?
- How long do you anticipate the probate process to take?
- What can I expect during this process?
- What potential issues do you predict may arise during the process?
- How do you respond to disputes among beneficiaries?
- Are you willing to pursue litigation to resolve disputes?
- If it is necessary to prepare estate tax returns, will you take care of this?
Contact Sweeney Law Group Today
Dealing with the death of a loved one is always painful, but it becomes even more challenging when you are confronted with the probate process. If you were named a personal representative for your family member’s estate, you are responsible for fulfilling several important obligations and may quickly become confused about how to effectively navigate these responsibilities. A Riverside probate lawyer can provide you with the legal representation and counsel you need to complete the probate process and guarantee the decedent’s estate is handled according to their wishes. Sweeney Law Group represents clients in Riverside County and throughout California during probate to ensure the successful conclusion of their case. We are dedicated to providing our clients with the highest quality legal representation and guiding them through probate, so they always know what to expect and how to proceed if issues arise.
Schedule a consultation with Sweeney Law Group today to speak with our firm founder and sole practitioner, William Sweeney. With over 40 years of experience helping clients with the probate process, we offer dedicated, compassionate legal services and take our time to consider each client’s unique needs and priorities before developing the best strategy for their case. With our firm on your side, you will have expert assistance throughout the entire process and resolve even the most challenging probate issues.
To schedule a consultation in San Bernardino, call me toll free at 800-575-9610 or locally at 760-989-4820. I enjoy meeting in person whenever possible, but am also available via Skype and email.
San Bernardino Probate Lawyer
Losing a loved one is incredibly devastating, and this experience is made even more difficult when you are faced with administering their estate. If they did not develop a comprehensive, legally enforceable estate plan before passing away, your family must undergo probate, the court-supervised process of legally validating a will and distributing the assets and property within the estate according to the terms outlined in their estate plan. Because probate involves complex legal issues, it is often difficult for the average person to navigate and takes a significant amount of time and expense to conclude. The only way to ensure you can successfully and efficiently handle the probate process is by hiring a Riverside probate lawyer to guide you and ensure you are prepared for any complications that may arise.
Consult the information below to learn more about the probate process and how an attorney can help you, then contact Sweeney Probate Law for expert legal representation. Our firm offers the experience, legal knowledge, and resources you need to navigate probate and achieve the optimal outcome for your family.
When Is Probate Necessary?
There are many options for end-of-life planning available, but few people understand these options or how they may benefit from them. A will comprises the most basic estate planning document, but it is rarely sufficient to cover all the issues a family can confront when they lose a loved one. When your loved one creates a comprehensive, legally enforceable estate plan, this ensures that their assets will be managed, preserved, and distributed after death according to their specific wishes and instructions. Failure to create an estate plan makes it necessary for your family to undergo probate to carry out the terms of their will and transfer assets to beneficiaries. The probate process is often confusing and overwhelming to navigate, especially if you are already dealing with the tragedy of losing your loved one.
What Does a Probate Attorney Do for You?
While it is possible to manage probate proceedings on your own, this approach is only recommended in cases with tiny, simple estates that do not involve complex legal issues. A Riverside probate lawyer can help a personal representative with the following tasks:
- Preparing and filing legal documents necessary for administering the estate.
- Creating an inventory of the assets and property within the estate.
- Appraising the value of these assets and property based on fair market value.
- Calculating outstanding debts by evaluating bills, files, account statements, and other financial documentation.
- Notifying creditors that they are entitled to file claims for debts against the estate.
- Paying debts, mortgages, utilities, and other financial obligations.
- Selling assets and using the proceeds to cover these obligations if the estate does not include sufficient funding.
- Collecting proceeds from insurance policies, retirement accounts, and other assets.
- Filing income tax returns on behalf of the estate.
- Determining whether the estate owes a federal estate tax.
- Notifying the beneficiaries of their interest in the estate.
- Transferring the appropriate assets to the named beneficiaries.
- Resolving disputes between beneficiaries.
What Is the Normal Fee for a Probate Lawyer?
The fee for representation by a Riverside probate lawyer depends on various factors specific to the case, including the total value of the estate, the complexity of the asset distribution, and the length of time it takes to conclude probate proceedings. Many probate attorneys in California follow a sliding scale of percentages developed by the state in which the estate’s value determines the attorney’s statutory fee. The Probate Code stipulates that an attorney may charge:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
In cases with particularly large estates valued larger than $25 million, the probate court calculates a reasonable amount that the attorney may charge for their services.
A Riverside probate lawyer can choose to follow the guidelines above, charge a flat fee, or bill clients hourly. If they charge by the hour, the cost of retaining their services will increase with the amount of time they must dedicate to resolving the case. Before signing any agreement with an attorney, ask them about their billing policies, their expectation for how long the case may take, and if they can offer an estimate for what you will pay after the probate process has reached a successful conclusion.
Should I Hire a Lawyer for Probate?
In cases where your loved one’s estate is valued at under $150,000, or they created a detailed estate plan, you may face a simplified probate process or possibly be able to avoid probate altogether. However, an estate can be more complex than it initially appears and administering the estate according to the decedent’s wishes and state law tends to be confusing, frustrating, and overwhelming. When an estate is particularly valuable and involves complicated legal issues, probate can be unavoidable and virtually impossible for the average person to manage without specialized legal knowledge and experience. A Riverside probate lawyer can ensure you understand your responsibilities, help with properly administering the estate, and resolve any disputes that may arise.
If any of the circumstances below apply to your case, you should hire a probate lawyer for legal representation:
- A beneficiary has contested the will or is planning to do so. A will contest can substantially complicate and lengthen the probate process and put beneficiaries at risk for losing the assets and property the decedent intended for them to receive. An attorney can help you resolve this issue or represent you in court if litigation becomes necessary.
- The estate includes split assets that must be divided and transferred to other parties. When the interests of another party are involved, dividing and distributing assets in a fair manner can be difficult. It may quickly become contentious if the other party feels that they are not receiving what they are rightfully owed.
- The decedent has a significant amount of debt owed to multiple creditors. An attorney will help you identify and pay off any outstanding financial obligations against the estate and negotiate with creditors to reduce these debts as much as possible, and ensure the beneficiaries receive the maximum amount possible from the estate.
- The value of the estate is insufficient to cover outstanding debts against the estate. When this occurs, an attorney can help you inventory and appraise assets within the estate and sell them off so the proceeds can be used to resolve these debts.
- The estate is valued at over $11.7 million, making it large enough that you must pay federal estate taxes on the assets. If the decedent owes federal estate taxes, an attorney can explain how estate taxes are determined and help you pay them promptly.
- The estate includes a business. An attorney can help you appraise, manage, and sell the company to recover the proceeds and transfer them to beneficiaries.
What Questions Should I Ask a Probate Attorney?
Hiring the right Riverside probate lawyer involves researching and interviewing specific attorneys to ensure they are the right fit for your case. During these interviews, you should ask the following questions:
- How many probate cases have you handled?
- Do you manage cases personally or enlist assistance from paralegals?
- How do you typically communicate with clients?
- Can I expect regular updates concerning the progress of my case?
- How do you charge clients for your services?
- Do you offer limited representation to reduce the cost of your services?
- Have you handled cases similar to mine?
- If so, what was the outcome of the case?
- How long do you anticipate the probate process to take?
- What can I expect during this process?
- What potential issues do you predict may arise during the process?
- How do you respond to disputes among beneficiaries?
- Are you willing to pursue litigation to resolve disputes?
- If it is necessary to prepare estate tax returns, will you take care of this?
Contact Sweeney Law Group Today
Dealing with the death of a loved one is always painful, but it becomes even more challenging when you are confronted with the probate process. If you were named a personal representative for your family member’s estate, you are responsible for fulfilling several important obligations and may quickly become confused about how to effectively navigate these responsibilities. A Riverside probate lawyer can provide you with the legal representation and counsel you need to complete the probate process and guarantee the decedent’s estate is handled according to their wishes. Sweeney Law Group represents clients in Riverside County and throughout California during probate to ensure the successful conclusion of their case. We are dedicated to providing our clients with the highest quality legal representation and guiding them through probate, so they always know what to expect and how to proceed if issues arise.
Schedule a consultation with Sweeney Law Group today to speak with our firm founder and sole practitioner, William Sweeney. With over 40 years of experience helping clients with the probate process, we offer dedicated, compassionate legal services and take our time to consider each client’s unique needs and priorities before developing the best strategy for their case. With our firm on your side, you will have expert assistance throughout the entire process and resolve even the most challenging probate issues.
To schedule a consultation, call me toll free at 800-575-9610 or locally at 760-989-4820. I enjoy meeting in person whenever possible, but am also available via Skype and email.