What Can a Probate Attorney Do?

When dealing with probate in California, whether you are the estate administrator, the executor, or a beneficiary who is concerned with the way an estate is being handled or managed, a probate attorney can help you navigate the probate process and answer your questions along the way. Below is a list of the advantages of hiring a probate attorney, including the services they can offer you.

• Assisting in resolving the debt of an estate
• Overseeing getting a foreign will through probate
• Explaining the responsibilities of an estate administrator or executor
• Advising in ancillary probate, whether foreign domiciliary or California domiciliary
• Helping to facilitate the probate process when there is no will
• Aiding in out-of-state probate issues
• Overseeing the responsibilities and duties of an out-of-state administrator or executor
• Guiding the search for a missing will
• Expediting the probate process or informing why the probate process may take longer than expected

Estate Planning Documents

There are many types of documents that can be part of estate planning. The two most common legal documents that are often used in estate planning are wills and living trusts. While these are very effective in meeting most clients’ needs, there are other options when something else is needed. Other documents that can comprise an estate plan include the following:

• Irrevocable Life Insurance Trust (ILIT) - This option ensures that beneficiaries of a life insurance policy won't have to pay estate taxes on it, nor will it be subject to probate, but this type of legal document cannot be changed or undone once created.
• Charitable Remainder Trust (CRT) and Charitable Lead Trust (CLT) - These are gifts to charity that pay out a percentage to a charity beneficiary over time and/or pay the remainder to another beneficiary when the trust ends. This option allows for immediate tax benefits. However, it offers limited control over assets and operates under strict rules.
• Special Needs Trust (SNT) - This option allows a special needs beneficiary to receive assets and keep getting public assistance benefits that they would otherwise be ineligible for. The beneficiary, however, has no control over the funds, which are tax deductible but subject to repayment of Medicaid benefits following the death of the beneficiary.
• Durable Power of Attorney - This designates someone to make healthcare decisions on behalf of another person if they are unable to make decisions on their own.
• Advance Healthcare Directive - This document informs family, friends, doctors, and others about an individual’s preferences for healthcare and special life-sustaining treatments over the option to end their life. It can also inform about one's preferences for surgical procedures, diagnostic tests, cardiopulmonary resuscitation, and organ donation choices.
• Parental Power of Attorney - This document can be used by parents of minor children to authorize another person whom the parent trusts to have short-term guardianship of their children. A parental power of attorney gives the temporary guardian the power to make decisions for their children regarding education, healthcare, and other important areas.

Estate Taxes in California

California does not have estate taxes or inheritance taxes for inherited assets. However, there is a federal estate tax for estates worth more than $12.92 million per individual. There are capital gains taxes, though. A few ways to avoid paying capital gains taxes on property you’ve inherited are listed below.

• Make the property your primary residence.
• Sell the property quickly.
• Disclaim the property.
• Disclaim the property.
• Rent out the property.
• Deduct your selling expenses from capital gains.

What Is a Guardianship?

In California, there are two types of guardianship. One is called guardianship of the person. It can be imposed by the courts for situations in which a parent cannot care for their child. This type of guardianship is temporary until the guardianship ends and the parent is able to care for their children again.

The other type of guardianship is called guardianship of the estate. It is often involved in estate planning and is useful when a child has inherited a large sum of money, property, or income. In these cases, the court will order someone to be a guardian of the estate. This person is held to very strict guidelines regarding how the child’s money is handled. These rules for handling the money of a minor child within a guardianship are called fiduciary duties. Because of their rigorous nature, an experienced probate lawyer is recommended to assist in establishing a guardianship of the estate.

Seeking Guidance From a Reputable California Probate Attorney

For any needs regarding estate planning or probate, whether before your passing or after your loved one’s passing, Sweeney Probate Law is a comprehensive law firm that knows how to resolve issues with estates and probate in California. Because we focus on this area of law exclusively, we bring a great deal of knowledge and understanding of California probate law to your case. Our legal team is available to discuss how your situation can be optimized using our services. Contact Sweeney Probate Law to learn more about our services and how they can benefit you today.