Probate comes from the Latin word “to prove” (Probatum).
What Newspapers publishes Probate Notices? Name two in Santa Clara County?
What is the name of San Jose’s Legal Newspaper that publishes most Probate Notices?
The Mercury News and San Jose Post Record
Key point, If the Estate has a Will, or if there is no Will the Estate will go through Probate! Wills must be presented to the Probate Court which has the authority to validate the document.
(The State’s View) Probate is the orderly administration of your affairs supervised by the Court. The Probate Code is State Law.
If you own property in more than one state, it is probable your estate will be subject to Probate in all jurisdictions, each imposing their own process and Probate fees.
Probate (Representative)
In addition to “proving the Will” the Probate process also includes: Officially confirming the Personal Representative named in the Will or appointing a representative, if necessary.
Notifying the Court of a deceased person’s death and informing all involved parties (all potential heirs whether named in the Will or not) that Probate has started.
Taking an inventory of all property and appraising its value. Paying the deceased person’s debts and taxes .
Preparing a final accounting for the Court. Distributing the remainder of the estate property to the heirs. Closing the estate.
Questions and Answers
Please send in all questions. The Questions and Answers will be posted. All participants will get the option of a Private 30 minute Phone or Video meeting to review general, sensitive or private questions.
Our Organization Prepares Living Trust Documents and Makes Legal Review Referrals
We Assist Clients with Developing “Their Game Plan”! The Cost $850.00 (Includes Attorney Review!)\
Our Goal is 100% Client Satisfaction
Other Advantages of a Revocable Living Trust:
If an illness or accident leaves you incapacitated, your Successor Trustee can handle your financial affairs without the need of a court-appointed guardian or conservator.
If the beneficiaries of your Trust are minor children, special needs beneficiaries, or others who might not use an inheritance as you intended, the Trust can continue to hold assets and distribute income as appropriate.
Children’s Trusts and Special Needs Trusts.
• Customized Provisions
• Staged Distribution of assets.
If you own real property in more than one state you avoid the expense, time and hassle of multiple Probate
proceedings.
Trusts are generally more difficult to contest than a traditional Will. Two examples to contest a Will: Prove it was signed under duress or Prove the person that created the Will was incompetent on the day it was signed.
In General, to invalidate a Living Trust you would have to prove it was invalid not only on the day it was signed but each and every day it was in existence there after.
When a Will is contested the assets are frozen and they cannot be distributed until the claim is resolved. Assets placed in a Living Trust are not frozen pending the outcome of a legal challenge.
Anyone wishing to contest the Trust must file suit against each of the beneficiaries; in the meantime the assets in the Trust can be distributed.
My Opinion on The Disadvantages of Probate:
It can be Time Consuming: The Probate Process can take a few months or as long asseveral years to complete.
The average probate takes 12 months.
It can be Costly! Settlement fees can run into thousands of dollars: Attorney Fees, Bond Premiums, Appraisa Fees, Executor or Administrator Fees, Court Filing Fees, and Accounting Fees.
All related Probate fees must be paid before any of the decedent’s assets aredistributed to the family.
Loss of Control: The Probate Court controls the entire process. Someone “on the outside” will tell your beneficiaries who gets what and when.
Lack of Privacy: All Probate transactions are a matter of public record. Anyone can find out the size, contents and beneficiaries of your estate.
My opinion, the lack of privacy can be embarrassing and frustrating for your family. It can create disputes,and expose your family to unscrupulous solicitors.
My Opinion! – Probate is time consuming, inconvenient and expensive. Even at best, Probate is an unpleasant, emotionally trying experience. At worst, it can be a nightmare!
A fully funded Living Trust would have prevented all of these well intended plans from going wrong!
History of Living Trust:
ne of the best estate planning alternatives is a Revocable Living Trust, also called a Inter-vivos (Latin for “while living”) Trust.
A Fully Funded Revocable Living Trust Eliminates Probate!
A Fully Funded Revocable Living Trust Eliminates Probate:
A Revocable Living Trust is a simple and sure way to make certain your estate assets are distributed as you desire.
It is “Revocable” because you can change the terms of the Trust or cancel it at anytime during your life.
It is “Living” because the Trust takes effect while you are still alive.
It is a “Trust” because it creates a place where assets are available for your normal use now, and will be available for distribution at your death.
The individual who creates a Trust is called the Grantor. The individual who manages the assets placed in the Trust is called the Trustee.
The individual(s) who receives benefit or enjoyment from the assets inside the Trust are called the Beneficiaries.
The Trust you create will name you (and your spouse, if applicable) as Grantor, Trustee and Beneficiary.
Key point: Even though you transfer legal ownership of your assets to the Trust, by naming yourself as Trustee of the Trust, you keep complete control over your property.
You can manage, sell, borrow against, or give away the assets in your Trust as you please!
Revocable Living Trust Mangement:
Successor Trustee
• Duties
Who should serve? Multiple Successor Trustees Institutional Trustee
• Services
• Fees
Trust Mangement:
Successor Trustee Fiduciary
Prudent Investor Rule
Investment Policy
Record Keeping System
Time
Temperament
Training
Successor
Trustee/Beneficiary
• Be aware of limitations!
• Avoid Conflicts of Interest
• Do You Need A Trust
Protector
What Are Assets with Named Beneficiaries?
Annuities, Disability Insurance, Life Insurance, IRAs, 401(k) plans, Pension and Profit Sharing plans and other Employee Benefits.
Why Use a Change of Beneficiary Forms?
In the event, the individual(s) named as the Primary Beneficiary predeceases you, naming your Trust as
Contingent Beneficiary will ensure that these assets will be distributed by the terms of your Trust.
Options For Living Trust Preparation?
1) Do It Yourself Software
Cost $25 to $500
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2) Pre-Paid Legal Attorney
Cost $400 to $1500
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3) Local Estate Planning Attorney
Cost $1400 to $5000
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Pour-Over Will
These assets will have to go through the Probate process first, then they will be transferred to the Trust, then distributed according to the terms of the Trust. Guardians for minor children are also identified in the Pour-Over Will as are prior marriages and other children.