Estate planning, probate, wills, living trusts, POwer of attorney

Probate

When someone dies without a proper estate plan, Probate is the process that the court will use in distributing the property, and figuring out who the property is to be distributed to.

Probate Attorney Oeanside, CA

Do I Need A Probate Attorney?

When someone dies without a Will, or even with a Will, the estate generally must go through a process called Probate.

Probate is a Judicial Proceeding where a Judge that doesn’t know You or Your Family has to determine what happens to Everything the Decedent Owned.

During the Probate process a judge does several things. One of the things they may do is establish the Will of the Testator.  In addition, the decedent’s heirs may need to be established for the purpose of distributing property. Probate can be time-consuming as well as resource consuming.

When someone dies without a proper estate plan, Probate is the process that the court will use in distributing the property, and figuring out who the property is to be distributed to. As you might imagine Probate may bring about results that were unintended by the decedent. The California Probate Code will determine the decedent’s heirs and distribute the property according to the California Probate Code. During this time, bills and taxes need to be paid, and things cannot be sold without the Judge’s approval.

A properly implemented estate plan can avoid all this.  However, things happen and sometimes people pass before a Living Trust centered Estate Plan is established.

Yes, there can be lots of Red Tape, but We are Here to Help.

The Probate process can be difficult for a lot of people.  Time-consuming and detailed.  After a loved one dies, there is so much to consider, and so much to do.  Pile on top of that family “issues” that seem to pop up and it can get overwhelming.

What Is Probate In San Diego, California?

Probate is a term that you may have come across when discussing estate planning in San Diego. But what exactly does it mean? In simple terms, probate is the legal process of distributing a deceased person's assets and property to their beneficiaries.

In San Diego estate planning law, probate is a court-supervised procedure that takes place after someone passes away. It involves determining the validity of a will, identifying, and inventorying the deceased person's assets, paying any outstanding debts and taxes, and distributing what is left to the rightful heirs. This process can take several months to years to complete and can be quite complex depending on the size of the estate.

One of the main reasons why probate is important in San Diego estate planning law is because it ensures that the deceased person's final wishes are carried out. By going through the probate process, the court can ensure that the will is valid and that all assets and debts are accounted for before distributing them to beneficiaries. This helps prevent any disputes or confusion among family members and loved ones.
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Call and Speak With Mr. Powell Now

The first step is fast and easy. Just tell us a few things. The next step will be a call from attorney Dan Powell and you will be well on your way to learning about your options, caring for your loved ones, and having a solid, attorney designed and drafted estate plan!

Our Practice Areas

Asset Protection

Asset protection is a crucial aspect of estate planning law in San Diego. It helps individuals and families safeguard their assets and property from potential threats. In this section, we will discuss the primary threats that asset protection aims to guard against.

Estate Planning

Estate planning is the process of planning for the management and distribution of a person's assets (such as property, investments, and personal belongings) after their death.

Probate

When someone dies without a proper estate plan, Probate is the process that the court will use in distributing the property, and figuring out who the property is to be distributed to.

Special Needs Trusts

A special needs trust is a trust created for minors or adults that have some special need due to such things as learning disabilities, physical disabilities, etc.

Wills

Estate planning is the process of creating a plan for how an individual's assets will be managed and distributed after their death.

Living Trusts

Whether you are a long-time resident or a recent transplant to sunny San Diego, setting up a living trust can provide peace of mind and protection for your assets.

Irrevocable Trusts

What is an Irrevocable Trust? Just that! Irrevocable. You can’t change it after it has been created. This sounds kind of scary, but it has some wonderful uses.

Power Of Attorney

A power of attorney is the means you use to have your affairs managed should you become unable to manage your own affairs.

Advance Healthcare Directive

You have both the right and the ability to make decisions about your own health care. Because of that, you may also allow another person to make these decisions for you.

Frequently Asked Questions

A Plan Built Especially For You

When it comes to wills, trusts, and other types of estate planning, no two situations are the same. This is why my most important job is to listen to what you want to achieve in order to advise you on the best plan possible. Each and every document of your estate plan will be prepared by a licensed attorney to ensure your wishes are properly achieved.

Once Again, Proof Positive! - A robust, superbly drafted Revocable Living Trust centered estate plan is a superior method to prevent loss of time and money, and achieve your desires.

Affordable Plans, Competitive Rates, and Peace of Mind

You do not have to trade sound professional legal advice for a reasonably priced will, trust, or complete estate plan. My law office offers packages that are affordable and competitively priced.

With so much riding on your decisions, you and your family cannot afford mistakes. An attorney, like myself, who practices estate planning is the only person who can properly guide you to ensure your wishes are carried out and give you the peace of mind that comes with a properly executed and implemented estate plan.

What Do I Get With an Estate Plan Prepared by William Daniel Powell?

You will get an affordable plan, at a competitive rate, and the peace of mind that comes with a plan built especially for you.

Your exact situation and desired distribution will dictate the means to be used, as well as the ultimate cost of the plan. However, every estate plan I create contains the Revocable Living Trust, Certificate of Trust, Trust Summary, Pour-Over Will, Durable Power of Attorney, California Advanced Healthcare Directive, funding instructions for various assets, and the funding of your residence with a new deed and Preliminary Change of Ownership Report prepared by my office to put the residence into your trust. All documents are attorney prepared, and all advice is given by an attorney.

Legal Zoom won’t help you with funding or provide legal advice on such a personal level! Further, I will review the estate plan I create for you every three years, upon your request, with you for no additional charge*. Moreover, I am more than happy to discuss future changes to your situation, or family situation, as they arise and how it may impact the plan I drafted for you, at no additional charge*.

*Modifications will be at an additional charge.

But If I Create A Revocable Living Trust, Will I Lose Control of my Property?

Absolutely not. Think of a Revocable Living Trust as a bucket. It is a bucket that you constructed, and one which you hold. You are free to put things into the bucket, and take them out whenever you like. In the event you become incapacitated, you can determine whom you would like to hold the bucket on your behalf. In the event of your passing, you determine how the bucket is to be poured out to your family and friends. Moreover, the bucket and its content are not public record.

What Does Probate Cost?

California Probate Code sets the rate currently as:

  • 4% of the first $100,000 of the gross value of the probate estate
  • 3% of the next $100,000
  • 2% of the next $800,000
  • 1% of the next $9 million
  • .5% of the next $15 million

Keep in mind that the value of the estate is based on the value of the asset, and not its equity. Therefore, if you own a home valued by the appraiser at $500,000 and you have a mortgage balance of $400,000 – the value is not $100,000 but the full $500,000. Also, for example, let’s say you also have other property such as accounts and a car or two (worth an additional $150,000) that raise the total value of the estate to $650,000.

So the attorney probate fees for the estate break down like this:

  • 4% of the first $100,000 = $4,000
  • 3% of the next $100,000 = $3,000
  • 2% of the remaining $450,000 = $9,000

For a total fee of $16,000

So given everything we know now, let’s see what the potential costs will be for a simple $650,000 estate. This can be any combination of probate property, but let’s say the home is $500,000 (not difficult in California) and an additional $150,000 in probate property. Please keep in mind that fees given are approximate and may vary by location, changes in laws, or other factors.

  • $400 Court filing fee
  • $650 appraisal fee
  • $150 publication fee
  • $16,000 attorney fees
  • $16,000 executor fees (potential)
  • $400 fee to file Petition for Final Distribution Total of $17,600 to $33,600

So you see that an average cost of $1,000 to $2,500 for a Revocable Living Trust Centered Estate Plan is far more affordable than the cost of a $10,000 to $30,000 probate.

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Estate planning to meet your goals

With information contained within this website about wills, trusts, and other estate planning instruments, clients will have a better understanding of the process and different methods of estate planning and will be better prepared to describe the goals they wish to carry out with their particular estate plan. This will help refine and streamline the process so that the client gets outstanding legal service without unnecessary costs. This will help Mr. Powell in his goal of forwarding the legal profession by providing excellent legal service and creating happy clients.

Customer Testimonials

Dan helped me with my will and trust. I found him to be very friendly and knowledgeable. He's detail oriented and is great at explaining everything. He's also mobile and can come to you if necessary. Apart from being an Attorney, he is also a Notary and helped me with that too. I highly recommend him.

Raj Rajasingh

I am so thankful I have met Mr. Powell for preparing my Will and all documents necessary needed. He was very professional, on time, respectful and very flexible to my schedule too. I highly recommend it to everyone! Thank you again I have a well peace of mind now.

Leslie

My wife and I hired Dan to help us put together a trust. With our busy life, Dan was willing to accommodate our busy schedule and come to the house on several occasions. We felt his knowledge and service were top notch and glad we hired him.

Marc

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