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Probate

WHAT IS PROBATE?

Probate is a court proceeding involving property or assets that belonged to a loved one who has died where that asset has no place to go. Probate court is required when the house or bank accounts were not in a trust, the bank account did not name a beneficiary and/or the house was not owned by another person as joint tenants. Probate must be filed in the court in the county where the person died or owned property where the asset has no place to go and the asset was valued at $50,000 or more for real estate or $150,000 or more for bank accounts.

HIRING A COMPETENT PROBATE ATTORNEY IS IMPORTANT

TLD Law has a team of probate attorneys who are known to handle over 100 probate cases at any given time in the local courts. TLD Law probate attorneys are very efficient in representing executors to open and close probates where there are no complexities. If you have lost a loved one and wonder if you need to open probate, we offer a no charge consultation in person or by phone with one of probate paralegals to see if probate is needed in your situation.

AVOIDING PROBATE CAN BE DONE

Even if you are handling or facing a probate situation now involving a loved one, it is not too late to avoid probate for YOU. You can draft an estate plan by setting up a revocable living trust to avoid probate when you pass away. Everyone needs a trust including all the famous celebrities. Remember when Michael Jackson or Prince died? Their estates went to probate court because they did not do pre-planning with an attorney to set up a revocable living trust. Below are the services that we offer in connection with Probate

  • Probate
  • Letters Testamentary
  • Letters of Administration
  • Wills or Trusts Contests
  • Financial and Physical Elder Abuse
  • Conservatorships and Guardianships
  • Removal of Trustee/ Trustee’s Breach of Fiduciary Duty

Our office represents clients in all types of probate matters in Los Angeles, Orange, Riverside and San Bernardino Counties.

Thus, when someone passes away without proper estate planning, there may be a need to open probate in the court. Probate is needed to transfer assets or property belonging to a loved one that does not have a payable on death beneficiary designation or is not vested in a trust when someone has died. Typically probate is always required for real property in California and for other assets valued at $150,000 or more. The attorneys at TLD Law can advise you if probate is needed or if a small estate affidavit can be used in lieu of probate.

TLD Law Probate Attorneys have about 100 active probate cases open at any given time in all of the courts in California including Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura Counties.

We can also consult and advise clients who is a heir in a probate case to ensure that the probate is being handled properly by the court appointed personal representative. We can also be hired to remove a wayward court appointed personal representative or otherwise challenge a probate case where there are sufficient legal grounds for the challenge. TLD Law has actively litigated in the probate courts to seek favorable results for clients where there is no will, an invalid will or a trust that is being mismanaged.

Probate matters involving decedent’s estates include obtaining Letters Testamentary or Letters of Administration, Summary Probate Proceedings, Spousal Elections and Set Aside Proceedings. Our office is also very adept at representing clients in will contests and other litigation matters involving wills and trusts in probate court. We also handle other matters involving decedent’s affairs including wrongful death, petitions to return property to belonging to an estate, elder abuse claims among other causes of action as appropriate based on the situation.

TLD Law Probate Attorneys also handle other matters in probate court such as guardianships and conservatorships. Guardianships involve minors and conservatorships involve incapacitated adults.

If you have a probate question, please contact us for a consultation by calling (877) 923-0971 or emailing estateplanning@tldlaw.com today.