When a person passes away without an estate plan or trust, the probate court system will divide the deceased person’s assets. The court oversees the assets. The court’s primary objective is that assets are correctly handled, and heirs are protected. Furthermore, the court makes sure debt is paid off.

There are many benefits of having a probate attorney. A probate attorney prevents personal liability to the executor. Furthermore, probate attorneys minimize stress and disputes among family members. The probate court process can be lengthy, but hiring an attorney helps speed it up.

Benefits of Estate Planning With a Probate Attorney Irvine CA

If a proper estate plan is not intact, the court will decide estate affairs. An estate plan ensures that you’re in charge of where your assets go instead of the court. Planning allows you to choose who will inherit everything you’ve worked so hard for in your life. 

Your loved ones will have to settle your affairs after you are gone. An estate plan makes this process much less difficult for them. Furthermore, settling assets in probate can become costly. Unfortunately, it can also lead to strife in your family. This is especially true if family members disagree on specific terms. During an already difficult time, family members mustn’t be pitted against one other while settling affairs. Having everything preemptively planned for them will keep things straightforward and peaceful. 

Estate planning also reduces taxes on what you leave behind. A qualified estate plan professional can advise you on utilizing giving tactics and setting up trusts. Furthermore, experienced estate planning services provide a host of knowledgeable tips to help you decrease the tax burden your loved ones will have to face otherwise. Even just a bit of planning can significantly reduce inheritance tax. 

When to Update Your Estate Plan

It’s essential to review and potentially update your estate plan every couple of years. Specifically, update your plan if your relationships have changed with any members included in it. Furthermore, be aware of market changes because this can be a great time to save on taxes. In times of market volatility, our estate tax planning attorneys can use strategies that enable you to mitigate gift and estate taxes.

Estate planning may be a challenging topic for you and your family to think about. However, effective estate planning with professionals here at Law & Stein will help ensure that your family gets the total value of your estate.

Did You Know?

It is called intestate when a person passes away without a will. When a person passes intestate in California, the deceased’s assets will go to probate court. The probate court then decides who will receive the assets. Community property will go to the surviving spouse; if the person is not married, it will go to the next closest relative. A will is invaluable, being that probate court is lengthy and costly. Total costs for probate can reach upwards of 5% of the estate’s value. Having a will ensures that your family acquires all of your assets without needing to pay the court.

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