The concept of probate alone can be stressful to think about. Since it is a process that only occurs after the loss of a loved one, many people are not aware of the details.

So, many people hear the myths about probate and worry about what that could mean for their families. One rumor is that probate is expensive. While there are certain fees involved in the probate process, it is important to know the details and how to manage the costs. Here are some frequently asked questions related to probate costs.

Who pays the fees?

Technically, your loved one’s estate will cover probate fees. However, as the Judicial Branch of California notes, personal representatives may have to pay costs as they arise during the probate process, but they can obtain reimbursement from the estate after the case closes.

How much does it cost?

Like many other matters in probate, the cost will depend on the details of the estate. For example, it could depend on:

• Whether your loved one took steps adding beneficiaries to the bank accounts or investments to reduce probate fees
• Whether formal probate is necessary
• The total value of your loved one’s estate
• State or location-specific rules
• Taxes

There is no set cost for probate. The filing fee is usually $435, but the administration fees and additional costs can vary widely depending on factors like those listed above. Kiplinger notes that, on average, probate costs could take anywhere between 4% and 7% of your loved one’s estate.

What should you do?

To prepare yourself for probate – and the financial matters involved – it can help to have a comprehensive understanding of your loved one’s finances and estate, as well as your own finances. Taking inventory and getting organized can make a key difference as you manage probate.

It will also help to learn as much as you can about the process before you begin the probate of your loved one’s estate.

Reach out to our experienced team at The Probate House L.C. to learn more about the probate process in California. To contact us, call 424-426-2629 or send us an email.

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Over the years, you fill your home with memories, things you love and value. You may have shelves of books, cabinets with heirlooms and souvenirs on display and many more knick-knacks.

When it comes to creating your will, you may wonder: will it be necessary to address every single one of these belongings in your estate plan?

Your estate includes everything you own

Nitpicking over every single trinket may not be necessary. However, it is important to remember that your estate consists of everything you own, which can generally fall into three categories:

• Finances, from savings accounts to stocks
• Personal property, from clothing to cars
• Real property, from your family home to your vacation home

Taking all of these assets into account can be overwhelming. In fact, that overwhelm is one of the reasons many Californians put off estate planning for so long. Even so, it is important to have a plan in place.

The probate process in the future will require an inventory, but it will help you in the present to take inventory of your assets to reduce the stress surrounding this process.

Yes, you should address everything, but…

While you should consider all of your assets in your estate plan, you must remember that you can customize your plan according to your wishes and needs. Therefore, you can:

• Address assets differently based on your priorities
• Group similar, smaller assets together and provide instructions

For example, you will likely be much more specific about how you wish your representative to handle your bank accounts than you will the furniture in your living room.

What matters the most to you?

This will be the key question to ask yourself as you evaluate the assets in your estate. Whether that is your hard-earned wealth or your record collection, you can navigate estate planning based on what assets you value the most.

The family values you hold dear can also help how you plan. You may consult with your loved ones as you create your will and estate plan, to make sure your wishes are clear and your family will be provided for.

Taking the first steps in estate planning can be intimidating. However, the resulting preparations can provide peace of mind for you and your family as you move into the future.

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Losing a spouse, a life partner, is unimaginable. You are left facing grief and stress. Not to mention, endless questions. After all, there are legal matters to address on top of the emotional turmoil. Here are three critical questions to address in this situation.

What does the estate plan say?

You and your spouse may have prepared for this exact situation. If you created your estate plan together, it is possible that you planned for the property to transfer to the surviving spouse, perhaps in a living trust or by beneficiary designations.

Review the estate plan and your combined assets, even if you are familiar with them, to understand how you will move forward.

What are your rights?

It is critical to understand your rights whether or not there is an estate plan. For example, it is important to consider your rights regarding:

• Community property in California
• Joint tenancy or property ownership
• Rights to survivorship or transfer-on-death terms

These particular rights could mean assets can be passed to you without probate. It may help to consult a probate attorney to fully understand your rights in this situation.

What is the Spousal Property Petition?

It may also be helpful to be aware of the option to file the Spousal or Domestic Partner Property Petition. This petition allows you to request to have certain assets your spouse owned transferred to you without having to go through probate. Whether or not your loved one had a will, it might be necessary to file this form in some cases.

Dealing with the loss of a loved one is stressful enough. Managing the property you shared together is likely the last thing you want to do at this time. However, this is an important step to take in order to protect the wealth you built with your spouse, as well as your rights.

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Losing a loved one is never easy, and dealing with legal matters during this time can add to the stress. If you are the personal representative or executor of the estate, it may be your responsibility to start the probate process. But what happens if the original will is lost or destroyed?

It is natural to feel panic set in. However, there are steps you can take in this situation.

5 questions to evaluate

If you face challenges with a lost will, there are five questions to consider:

1. Can you find the will? The first step is often to see if you can locate the will. It is possible that someone merely misplaced it. It could be in a safe or mixed in with other important documents.
2. Did your loved one revoke their will? It is important to distinguish if the will is simply lost, or if your loved one intended to revoke or destroy the will. This could alter how you move forward, as well as the administration of your loved one’s estate.
3. Are there any copies? In some cases, the probate court may accept a copy of the will, as long as they can prove it is valid.
4. Where are the witnesses? California requires two people to witness the signing of the will for it to be valid. You could contact the witnesses to confirm a loved one’s intentions regarding the lost will.
5. Did an attorney help them create the will? The attorney who they worked with may have relevant records detailing your loved one’s wishes. They may even have a copy of the will available.

Answering these questions can help you determine how you will move forward with the probate of your loved one’s estate. Of course, the best-case scenario is that you locate the will. Even so, gathering this evidence can help.

Collect and present the evidence

As you may know, one of the primary purposes of probate is to prove your loved one’s will is valid. This is difficult to do with a lost will. However, following the steps above can help you collect evidence of your loved one’s wishes and even copies of the will to submit to the probate court.

While you will also have to file a declaration about the lost will, it could be possible to move forward. Though, it may be a good idea to seek experienced counsel to fully understand your options in this stressful situation.

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Life gets busy. The to-do list may seem never-ending, and the matter of planning for the future can fall lower on the list each day.

However, this is a trend that seems to be widespread. This past March, Forbes reported that there has been a significant decrease in estate planning among older Americans. You may worry if your elderly parents fall into this category. So, what can you do to encourage them to start making an estate plan?

5 steps to take to help parents on the path to planning

Of course, you cannot simply tell anyone what to do – especially your parents, no matter how old you are. However, an estate plan is an important tool for everyone.

If you worry about your parents’ future, it can help to:

1. Get the rest of your family on the same page: If you have siblings, you may first want to speak with them about your parents’ lack of a plan and figure out how you want to approach the discussion. If all of you form a united front, it may encourage your parents to begin planning.
2. Communicate your concerns: This can be a challenging conversation. You and your siblings may start small, sharing your worries if the topic comes up naturally. However, it is also helpful to have a purposeful, open conversation with your whole family.
3. Be compassionate: It is not easy to think about the end of one’s life. That is one of the reasons so many people put off estate planning for so long. Be empathetic with your parents. It always helps to use “I” statements, to discuss your worries for them and everything they have worked to build.
4. Ensure they understand the risks: While fear is not always a convincing factor, it is important to fully understand the risks of not having an estate plan in place. Health issues, family conflict and the distribution of assets in California according to intestate succession are just a few of the issues that are critical to be aware of.
5. Make a plan yourself: Make a plan yourself: If you have not created your own estate plan yet, it may help to work on your plans first or at the same time. You, may want to share with your parents that you are working on your estate plan and that you are happy to share what you have learned or what you are learning from your meetings with your lawyer.

While fear is not always a convincing factor, it is important to fully understand the risks of not having an estate plan in place. Health issues, family conflict and the distribution of assets in California according to intestate succession (may require a probate proceeding and not at all what your patents had planned)  are just a few of the issues that are critical to be aware of.  A more serious issue that is often overlooked, you may be have to meet with attorneys to file a Petition for a Conservatorship during a parent’s life time to handle his/her assets as well as health issues during their incapacity,  which is extremely costly, because they did not have estate planning documents in place.

In the end, your parents must be the ones to take the steps to prepare their estate plan. Even so, you can ask them questions and share your concerns about protecting their futures.

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In the Los Angeles area, the topic of intellectual property (IP) and any royalties from such property is always relevant. However, what happens to those rights and royalties when the person who owned them passes away?

Some of the steps are similar to other assets

Much like any other items a loved one left behind, there will be certain steps to take in probate. These steps, which apply to royalties as well, include:

• Take inventory: It will be necessary to make an inventory of the entire estate. However, it will help to include a specific list cataloging any IP rights and royalties that the decedent owned and received.
• Value the assets: A valuation of the estate is critical – and yet valuing such assets and royalties can be complex. It will help to obtain experienced professional guidance when determining the value of these particular assets.
• Notify the necessary organizations: You must inform the entities paying any royalties of the loved one’s passing.

Even though similar steps are required, these assets are often not as easy to handle.

What makes these assets complex?

There are many facets to these types of assets that make them so complex. For example, even if the decedent adhered to California’s rules in their estate plan to pass on these assets, there are still other factors at play after the death, including but not limited to:

• Continued revenue streams: Royalties and often IP rights are not a lump sum, as many inheritances are. They continue to create revenue over time.
• Specific rules: It will be critical to understand the nuances around IP ownership if you are to inherit or even manage your loved one’s IP rights. In some cases, an estate plan should provide clarity about how to handle the rights. It will help to look into registrations of IP as well as any contracts related to these rights and royalties.

These are only some of the issues to address when managing these complex assets in probate. Managing an extensive and complex estate after losing a loved one can be overwhelming. Seeking guidance from a probate attorney will help reduce the stress of the situation.

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The probate of a loved one’s estate brings with it a long list of things to do, documents to file and assets to locate. All of this is on top of the reality of losing someone you love.

There is no question that this can be an overwhelming time for California families. So, how do you mentally and emotionally get yourself ready for the probate process?

Understand what to expect

As the personal representative or executor of the will, you may have some idea of the duties related to the role your loved one assigned you. It is best to make sure you know what to anticipate throughout the proceedings, including:

• The timing: According to The Judicial Branch of California, probate can take roughly nine months to over a year. Most often it takes longer, depending on the complexity of the estate and whether or not real property is involved.
• Your responsibilities: Even if you discussed these with your loved one when they created their estate plan, it is important to know what will be expected of you.
• Your loved one’s plan: A detailed estate plan provides information as to who is to handle the probate and the distribution of assets before you even begin probate.

Knowing what the process will entail can help you mentally prepare yourself and mitigate any stress and overwhelm you feel.

Be proactive about your mental health

Probate can be intense, considering all of your duties and the deadlines by which you must complete them. In addition to preparing yourself with knowledge, you should also make sure you directly address your mental health. It can help to:

• Not ignore grief: Simply because you are taking on an important role in the estate administration does not mean you have to push your feelings aside. Bottling up and ignoring emotions can often make things worse in the long run.
• Avoid burnout: While you must fulfill your responsibilities, you must also make sure you take time for yourself to recharge and rest.
• Have a foundation of support: Your family members and friends can be there for you to provide emotional support. It helps to speak with legal professionals who can offer knowledgeable support through the probate process from beginning to end.

Taking time to prepare yourself in all senses of the word can make a big difference in your approach to probate and even for your well-being. It is also important to remember, it is best not to manage the process alone.

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Your parents helped you take your first steps, and they held your hand when you faced stressful times. As your parents age, the roles start to reverse, and you become the one helping them with daily tasks and being there for them.

This role reversal can be overwhelming and emotional. What can you do to help take on legal responsibilities for your aging parent?

5 steps to consider when taking legal responsibility

Just as your parents held legal responsibility for you when you were a minor, it may be necessary to obtain legal responsibility for your parent. In such situations, it will help to take the following steps:

1. Always lead with empathy: Your elderly parent is likely struggling with the fact that they are losing the capacity or abilities they once had. Think from their perspective and be gentle with them as you discuss your options moving forward.
2. Start – and maintain – the conversations: The matter of taking responsibility for your parent is not a decision you can make on your own. You must discuss the details with your parents, siblings and any other relevant parties. It is critical to involve your family in every step to avoid confusion, potential disputes or distrust.
3. Review their finances: To take on legal and financial responsibility, it will help to actually know where your parent stands. Gather financial paperwork and statements, take an inventory of their accounts and even visit the banks with them to understand the full scope of their finances.
4. Keep track of everything: This is another helpful step to improve your understanding and avoid conflict. If you document the steps you take and organize all of the paperwork you will have to complete, it can help reduce your own stress as you navigate this process.
5. Understand conservatorships: The four previous steps can help you prepare. However, actually establishing a conservatorship – if that is in the best interest of your aging parent – also involves specific steps you must follow. You and your family should take time to understand the details of this legal tool and how it can protect your loved one and their assets. Then you must carefully review the process of obtaining a conservatorship in California.

This process can be difficult for you and your whole family. It may help to speak with an experienced attorney in these cases to help you stay informed at each step and protect your parent.

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There are many assets that can pass from one person directly to another after they pass away – by making use of beneficiary designations. The owner of an account can list a beneficiary, who obtains ownership of the account without it having to pass through probate.

This seems straightforward, right? However, there are some cases where a beneficiary designation could be disputed.

When could families challenge designations?

The situations in which families can dispute a beneficiary designation are very similar to those in which they can challenge a will under California law. Family members or individuals with a stake in the estate can challenge a will if they have evidence of:

• Undue influence or fraud
• The will creator’s lack of sound mind
• Errors in the will

For example, say someone pressured a loved one with late-stage dementia to change their will. The changed will may not be valid, due to both undue influence and a lack of capacity.

The same could potentially go for a suddenly revised beneficiary designation. If your loved one was not of sound mind when they made this change, it is possible that families could challenge the designation. Put simply, you must have grounds to dispute it.

Beware: Failing to change designations can cause issues

Family disputes in probate are unfortunately common. However, there are ways to mitigate them.

When you experience any changes in your life, it is a good idea to change your estate plan to match. That includes reviewing and adjusting any beneficiary designations. That way you can avoid potential disputes over your wishes and assets even if these assets do not pass through probate.

When would this be necessary? One of the most common cases is after a divorce. When you are married, you may list your spouse as the beneficiary on various assets, including but not limited to:

• Bank and savings accounts
• Life insurance policies
• Retirement accounts

During or after a divorce, it is critical to change designations that list your ex-spouse, so they do not inherit anything you do not want them to.

Using beneficiary designations allows assets to pass directly from one person to another. So, it is important to make sure they are correct to avoid the eruption of conflicts and disagreements between family members.

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As we have discussed in previous blog posts, the stress and pain of losing a loved one can place a significant amount of strain on a family. As emotions run high, it increases the risk of disagreements between family members – particularly when it comes to the deceased loved one’s wishes.

Family members might have different interpretations of the will or your loved one’s desires for their memorial service. Families must approach such disagreement very carefully. Here are some helpful tips to consider to navigate these conflicts.

1. Have an open, nonjudgmental and empathetic conversation

Communication is always essential when facing a conflict. Therefore, it will help to arrange a time for the family to meet together for an intentional conversation.

How can you make it intentional? The keys to this gathering will be to:

• Use “I” statements when possible, to reduce the risk of escalating conflicts
• Engage in active listening, with each family member
• Focus on empathy while listening
• Understand that everyone had a different relationship with your loved one

Moving forward without judgment and prioritizing empathy can help you reach the bottom of this conflict while maintaining a level of harmony.

2. Consider a professional opinion

Whether or not a family meeting works to understand and navigate the conflicting interpretations of a loved one’s will, it can still be helpful to seek guidance. Speaking to a probate attorney or the attorney who helped draft your loved one’s will can help clarify any confusion family members may have.

A professional may also help your family to work through the remaining points of conflict in relation to the will.

3. Keep communication open – not just for that one conversation

Effectively communicating can help handle a conflict, but it can also help prevent further conflict and misunderstandings. The loved one’s personal representative or executor, as well as the other family members, should agree to be transparent and open throughout the entire process of the estate administration.

Ensuring that everyone is and feels heard can make a big difference to keep this process moving smoothly for the whole family.

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