The ideal situation is for everyone plan ahead. Unfortunately, that does not always happen – people avoid planning their estates for a variety of reasons. We can help guide you through the difficult decisions you might need to make if your loved one did not have a fully funded living trust in place.
If your family member owned real estate or had assets worth more than $100,000 and died without having those assets in a living trust, it will probably be necessary to probate the estate. We can help you decide if a probate is necessary or if you can use an alternate procedure instead. If it is necessary to initiate a probate proceeding, we can make all of the necessary court appearances.
If the entire estate (including real estate) totals less than $100,000, we can prepare a Small Estate Affidavit that will make probate proceedings unnecessary.
If the estate has more real estate or more personal property than that amount, Probate is necessary, even where there is a will. In fact, a will has no legal effect until it is approved by the Probate Court ("admitted to Probate").
It is our job to guide you through the Probate process. That process can be relatively simple or very complicated, depending on several factors including the:
In addition to the Probate process itself, the representative must take care of taxes. We oversee the preparation and filing of income tax returns for the decedent and the estate. With careful planning, we can often save tax dollars for those who receive money and property from the estate. If the estate is greater than the Federal Estate Tax exemption ($3,500,000 in 2009), a Federal Estate Tax return (IRS Form 706) must be filed and approved, whether or not Probate is necessary.
We offer a complimentary "Get Acquainted" meeting for you and Janet to meet in person and make sure we are the right fit for each other. Please rings us at (650) 325-8276 or fill a short form at this site to Request a "Get Acquainted" Meeting..
Copyright © Law Office of Janet L. Brewer. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Some artwork provided under license agreement.
(650) 325-8276Email Us
Law Office of Janet Brewer
2501 Park Boulevard, Suite 100
Palo Alto, CA 94306
The Law Office of Janet L. Brewer provides comprehensive planning in the areas of Estate Planning, Wills and Trusts, Powers of Attorney, International Estate Planning, Estate Planning for Non-Residents, Probate & Trust Administration, Charitable Planning, Special Needs Planning & Trusts, Estate Tax Planning, Business Succession Planning and Asset Protection for Business Owners and Professionals. Janet has offices in Palo Alto, CA and serves the entire surrounding area, including Palo Alto, Los Altos Hills, Los Altos, Portola Valley, Woodside, Atherton, Menlo Park, East Palo Alto, Mountain View, Sunnyvale and Silicon Valley.
Copyright © IMS. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Some artwork provided under license agreement.
Janet L. Brewer is Certified as a Specialist in Estate Planning and Probate Law by the California State Bar Board of Legal Specialization. Information on this website, including any testimonial or endorsement, does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.