Murrieta Probate Lawyer
Whether you are planning your estate or considering the implications after the death of a loved one, the economic aspects of a person’s passing are never simple. If you are planning your estate or need advice in the aftermath of a loved one’s death and want help understanding the probate process, call an experienced Murrieta probate lawyer. At Sweeney Probate Law, we aim to make the probate process as smooth as possible.
With an office in Temecula, a short fifteen (15) minute drive from Murrieta, Sweeney Probate Law is familiar with the laws in Riverside County. We can help you navigate the probate process. Also, with Covid-19, we are holding most meetings and hearings by telephone or video.
What Is the Difference Between a Murrieta Probate Lawyer and an Estate Lawyer?
The terms are usually used incorrectly as synonymous, but the main distinction is that an estate lawyer helps clients by drafting their last will and testament. Included in that may also be powers of attorneys, both general and medical. This is all done while the client is competent and very much alive.
Once an individual has died, probate can begin. Probate, very simply, is the distribution of assets to appropriate beneficiaries with the decedent’s wishes being met as closely as possible.
Unfortunately, probating an estate can be extremely complicated with any or all of the following:
- Petitions that need to be filed at Riverside County for your Murrieta probate
- Public notices that are required by law to be printed in certain publications
- Sale of real estate and assets, if necessary, to pay for debts of the decedent
- Trusts may also have been included by the estate planning attorney, which will need to be handled by your Murrieta probate attorney
- Family law sometimes also appears in rare cases. If a new child was born after a will, a divorce occurred, or a number of other issues may arise.
- Litigation is when there are actually proceedings in front of a judge to determine which beneficiary is entitled to an asset. This typically occurs when someone challenges the will.
While some of these complications are rare in probates, it is important to secure the advice and counsel of the probate law attorney at Sweeney Probate Law to try to avoid as many complications as possible.
How Much Do Probate Lawyers Usually Charge?
We have over forty (40) years of experience in Murrieta probates. Sweeney Probate Law provides comprehensive counsel, with professional and friendly service, too. Because of this, our rates are both fair and competitive. We employ a thorough intake process with each client. This in-depth analysis allows us to develop a comprehensive approach to the probate that will be the most efficient and in the most cost-effective manner.
We provide an honest assessment of each probate that comes through the office. With that honesty, attention to detail, and experience, Sweeney Probate Law will see you through the entire process.
Where Do You Go Through Probate?
Probates are filed in the jurisdiction where the deceased was living before death. In the case that there are out-of-state assets to consider, that will add a complication to the process that we can guide you through. Conversely, if the deceased lived in another state but owned assets in Murrieta, your Murrieta probate lawyer will help navigate the steps necessary to sell or transfer that asset. If there is no will in place, then the laws of California, with respect to inheritance, apply. Other complications that may arise:
- A beneficiary contests the will, which means someone who has standing (relation to the deceased) disagrees with any or all parts of a will
- Ancillary probate is when a deceased person owns assets in multiple states. As stated above, the jurisdiction of the probate is where the deceased was living before death.
- The will was signed and executed in another state. In such a case, California law looks to see if the will is able to be validated. To be validated, the court looks at a few factors. Some of which include:
- Was the will executed in compliance with prevailing California law?
- Was the will executed in compliance with laws where the deceased resided?
- Was the will executed in compliance with the prevailing laws in the jurisdiction where the will was executed?
In addition to the complications, more questions may arise about where the deceased was a resident for purposes of probating the will. To determine residency, some factors to consider are:
- Where did the deceased reside (permanently or majority residence)?
- Where was the deceased registered to vote?
- Where did the deceased get mail delivered?
- What state driver’s license or identification did the deceased possess?
Finally, another issue may arise when the executor is an out-of-state resident. Most counties require an out-of-state representative to be bonded to ensure that the estate is protected against illegal acts such as fraud or theft. Another nuance is that the bond may be called a “probate bond” or “fiduciary bond” interchangeably.
What Does a Probate Attorney Do for You?
We will walk you through the entire probate process and answer any and all questions that are asked. Every Murrieta probate case is unique and must be assessed individually. Most Murrieta probates involve the following steps:
- File the will with a petition for probate
- Formal notice given to all interested parties
- Validate the will (due to overwhelmed court calendars, the lead time for a probate hearing is typically three (3) to five (5) weeks after the petition is filed)
- Letters of testamentary appointing an executor
- Gather and account for the deceased’s assets and property
- Account for the deceased’s bills and benefits
- Apply for a taxpayer ID number for the estate
- With taxpayer ID, open an estate bank account that is completely separate from personal accounts
- The notice of the petition of probate must be published by a court-approved newspaper so that interested parties are made aware
- The creditors must be notified
- Any other notifications or items required by Riverside County for your Murrieta probate
Find Compassionate Legal Advice
Sweeney Probate Law will help you through this difficult process every step of the way. We have the experience to help you navigate this with compassion and confidence. Contact us with any questions you have or to set up a consultation today.
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.
Murrieta Probate Lawyer
Whether you are planning your estate or considering the implications after the death of a loved one, the economic aspects of a person’s passing are never simple. If you are planning your estate or need advice in the aftermath of a loved one’s death and want help understanding the probate process, call an experienced Murrieta probate lawyer. At Sweeney Probate Law, we aim to make the probate process as smooth as possible.
With an office in Temecula, a short fifteen (15) minute drive from Murrieta, Sweeney Probate Law is familiar with the laws in Riverside County. We can help you navigate the probate process. Also, with Covid-19, we are holding most meetings and hearings by telephone or video.
What Is the Difference Between a Probate Lawyer and an Estate Lawyer?
The terms are usually used incorrectly as synonymous, but the main distinction is that an estate lawyer helps clients by drafting their last will and testament. Included in that may also be powers of attorneys, both general and medical. This is all done while the client is competent and very much alive.
Once an individual has died, probate can begin. Probate, very simply, is the distribution of assets to appropriate beneficiaries with the decedent’s wishes being met as closely as possible.
Unfortunately, probating an estate can be extremely complicated with any or all of the following:
- Petitions that need to be filed at Riverside County for your Murrieta probate
- Public notices that are required by law to be printed in certain publications
- Sale of real estate and assets, if necessary, to pay for debts of the decedent
- Trusts may also have been included by the estate planning attorney, which will need to be handled by your Murrieta probate attorney
- Family law sometimes also appears in rare cases. If a new child was born after a will, a divorce occurred, or a number of other issues may arise.
- Litigation is when there are actually proceedings in front of a judge to determine which beneficiary is entitled to an asset. This typically occurs when someone challenges the will.
While some of these complications are rare in probates, it is important to secure the advice and counsel of the probate law attorney at Sweeney Probate Law to try to avoid as many complications as possible.
How Much Do Probate Lawyers Usually Charge?
We have over forty (40) years of experience in Murrieta probates. Sweeney Probate Law provides comprehensive counsel, with professional and friendly service, too. Because of this, our rates are both fair and competitive. We employ a thorough intake process with each client. This in-depth analysis allows us to develop a comprehensive approach to the probate that will be the most efficient and in the most cost-effective manner.
We provide an honest assessment of each probate that comes through the office. With that honesty, attention to detail, and experience, Sweeney Probate Law will see you through the entire process.
Where Do You Go Through Probate?
Probates are filed in the jurisdiction where the deceased was living before death. In the case that there are out-of-state assets to consider, that will add a complication to the process that we can guide you through. Conversely, if the deceased lived in another state but owned assets in Murrieta, your Murrieta probate lawyer will help navigate the steps necessary to sell or transfer that asset. If there is no will in place, then the laws of California, with respect to inheritance, apply. Other complications that may arise:
- A beneficiary contests the will, which means someone who has standing (relation to the deceased) disagrees with any or all parts of a will
- Ancillary probate is when a deceased person owns assets in multiple states. As stated above, the jurisdiction of the probate is where the deceased was living before death.
- The will was signed and executed in another state. In such a case, California law looks to see if the will is able to be validated. To be validated, the court looks at a few factors. Some of which include:
- Was the will executed in compliance with prevailing California law?
- Was the will executed in compliance with laws where the deceased resided?
- Was the will executed in compliance with the prevailing laws in the jurisdiction where the will was executed?
In addition to the complications, more questions may arise about where the deceased was a resident for purposes of probating the will. To determine residency, some factors to consider are:
- Where did the deceased reside (permanently or majority residence)?
- Where was the deceased registered to vote?
- Where did the deceased get mail delivered?
- What state driver’s license or identification did the deceased possess?
Finally, another issue may arise when the executor is an out-of-state resident. Most counties require an out-of-state representative to be bonded to ensure that the estate is protected against illegal acts such as fraud or theft. Another nuance is that the bond may be called a “probate bond” or “fiduciary bond” interchangeably.
What Does a Probate Attorney Do for You?
We will walk you through the entire probate process and answer any and all questions that are asked. Every Murrieta probate case is unique and must be assessed individually. Most Murrieta probates involve the following steps:
- File the will with a petition for probate
- Formal notice given to all interested parties
- Validate the will (due to overwhelmed court calendars, the lead time for a probate hearing is typically three (3) to five (5) weeks after the petition is filed)
- Letters of testamentary appointing an executor
- Gather and account for the deceased’s assets and property
- Account for the deceased’s bills and benefits
- Apply for a taxpayer ID number for the estate
- With taxpayer ID, open an estate bank account that is completely separate from personal accounts
- The notice of the petition of probate must be published by a court-approved newspaper so that interested parties are made aware
- The creditors must be notified
- Any other notifications or items required by Riverside County for your Murrieta probate
Find Compassionate Legal Advice
Sweeney Probate Law will help you through this difficult process every step of the way. We have the experience to help you navigate this with compassion and confidence. Contact us with any questions you have or to set up a consultation today.
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.