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FAQs probate lawyer
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How do I dismiss a probate case in California?
1 attorney answer If an Inventory & Appraisal hasn't been filed, you can file a Judicial Counsel Form CIV-110 "Request for Dismissal". If an Inventory & Appraisal has been filed, you will need to prepare a "Petition Requesting Dismissal of Probate and Discharge...
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How long does the executor of a will have to notify beneficiaries?
As Executor, you should notify beneficiaries of the estate within three months after the Will has been filed in Probate Court. For beneficiaries of assets that are not included in the will (and therefore do not pass through Probate) there are no specific notification requirements.
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What information are beneficiaries of a will entitled to?
A beneficiary is entitled to be told if they are named in a person's will. They are also entitled to be told what, if any, property/possessions have been left to them, and the full amount of inheritance they will receive.
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What is the threshold for probate in California?
For decedents who died prior to January 1, 2020 the California Probate Code provides that probate estates of $150,000 or less do not need to be probated. As of January 1, 2020 the threshold amount is $166,250. If the estate consists of assets in excess of the prescribed amount a probate is necessary.
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Can executor cheat beneficiaries?
As an executor, you have a fiduciary duty to the beneficiaries of the estate. That means you must manage the estate as if it were your own, taking care with the assets. So you cannot do anything that intentionally harms the interests of the beneficiaries.
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What does an executor have to disclose to beneficiaries?
The accounting should list: All assets at the time of the decedent's passing. Changes in the value of the assets since the decedent's death. All taxes and liabilities paid from the estate, including medical expenses, attorney fees, burial or cremation expenses, estate sale costs, appraisal expenses, and more.
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Do you really need a probate lawyer?
Not all executors, however, need to turn a probate court proceeding over to a lawyer or even hire a lawyer for limited advice. If the estate that you're handling and doesn't contain unusual assets and isn't too large, you may be able to get by just fine without a lawyer's help.
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Can you handle probate without a lawyer?
Many executors are able to wrap up an estate themselves, without hiring a probate lawyer. ... Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure .
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Do you still need probate if you have power of attorney?
The person who had Power of Attorney may well be the Executor or Administrator of the Estate. ... So the fact that you had Power of Attorney has no influence over whether or not Probate is needed. Instead, this will depend on what assets the deceased owned, and whether these assets were owned in their sole name.
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Does an executor have to show accounting to beneficiaries?
Beneficiaries of both an estate and a trust are generally entitled to a right of inspection of the accounts that the executor or trustee is in turn obliged to maintain. ... The New South Wales Trustee Act makes only slight provision for trustees' general obligations to account in s. 51.
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How do you prove you are the executor of an estate?
You can present this letter to the court, banks and other organizations as proof of your role. Only an executor can obtain the letter of testamentary. You need to take the deceased's Last Will and Testament as well as his or her death certificate to your local probate officer or court in order to obtain the document.
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How does an executor find assets?
The will. A list the decedent prepared in advance. The decedent's lawyer or tax accountant. Saved financial statements and legal documents (filing cabinet, desk, safe deposit box) An online service the decedent set up in advance (the service will contact you)
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What are executor documents?
A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.
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How much should an executor of an estate be paid in California?
Under California Probate Code, the executor typically receives 4% on the first $100,000, 3% on the next $100,000 and 2% on the next $800,000, says William Sweeney, a California-based probate attorney. For an estate worth $600,000 the fee works out at approximately $15,000.
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What is an executor of estate document?
A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.
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Should executors take fees?
Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area. For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
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How long does an executor have to settle an estate in California?
Paying Debts and Taxes Some states have required windows of time to allow creditors to make claims. Illinois, for example, requires executors to allow six months. California requires a bit less, with four months.
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How much do executors of a trust get paid?
The executor is entitled to 5% of the first $200,000 of corpus; 3.5% of the excess over $200,000 up to $1,000,000; and 2% of the excess of the corpus over $1,000,000.
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What an executor can and Cannot do?
As an executor, you have a fiduciary duty to the beneficiaries of the estate. ... So you cannot do anything that intentionally harms the interests of the beneficiaries. As an executor, you cannot: Do anything to carry out the will before the testator (the creator of the will) passes away.
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Can the executor of the estate?
An executor is an individual responsible for managing the affairs of a deceased person's probate estate. A decedent can no longer own property, so everything owned at the time of death must be legally transferred to living beneficiaries.
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How does an executor transfer property?
Once the COURT appoints you as executor, you will record an affidavit of death of joint tenant to get your mother's name of the property. Then, when you get an order for final distribution, you will record a certified copy to get the property into the names of the beneficiaries under the will.
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Can an executor sell property without probate?
If the deceased owned a property in their sole name Probate will generally be needed before it can be sold or transferred. ... Although it is technically true that Executors can exchange contracts without the Grant of Probate, this is not best practice and is very rarely done.
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Can an executor of an estate sell property?
The executor can sell property without getting all of the beneficiaries to approve. ... Once the executor is named there is a person appointed, called a probate referee, who will appraise the estate assets. Among those assets will be the real estate and the probate referee will appraise the real estate.
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What is reasonable compensation for an executor?
Under California Probate Code, the executor typically receives 4% on the first $100,000, 3% on the next $100,000 and 2% on the next $800,000, says William Sweeney, a California-based probate attorney. For an estate worth $600,000 the fee works out at approximately $15,000.
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How much does a trustee of an estate get paid in California?
Most corporate Trustees will receive between 1% to 2%of the Trust assets. For example, a Trust that is valued at $10 million, will pay $100,000 to $200,000 annually as Trustee fees. This is routine in the industry and accepted practice in the view of most California courts.
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