At The Law Offices of Damian Nolan, we are committed to offering our clients superb, honest and courteous service that takes into account their unique needs and concerns. Our probate attorneys in Long Beach and Lakewood California will deal with all the paperwork, all the court requirements and all the headaches on your behalf. We are here for you.
When a family member, loved one, or friend passes away, it is a very sad and trying time for those who are left behind; but, even so, someone will need to take steps to distribute the assets of the person who died. We, at the LAW OFFICES OF DAMIAN NOLAN are here to help you.
We are proud to offer courteous and competent legal services to all our clients. We know it is not easy for you and that is why we take the burden from you. Probate is a complex subject but we are well used to the possible pitfalls and the questions the court is likely to have. We will deal with your matter compassionately and take time to answer your questions, assuage your fears and make the process as easy as possible for you.
If you need a Probate Attorney, please call us at (562) 634-1115 and you will be invited to come in to meet with attorney Damian Nolan to discuss your matter and decide if we can be of assistance to you. There is no obligation whatsoever and no cost for the consultation.
What is Probate?
Probate is the process whereby a Will is submitted to the Probate Court to be proved and where the court approves the Executor’s request for the distribution of the decedent’s estate according to her or his wishes as set forth in the Will.
What is an Executor or Administrator?
The Executor is the person nominated in the Will to petition the court to distribute the assets of the decedent according to the Will.
An Administrator is similar to an Executor insofar as the Administrator is appointed to administer the estate of a person who died without a Will.
Do I need a probate if the decedent had a Will?
Unless the estate is valued less than $150,000.00, a probate will most likely be necessary.
What do I do if I am nominated as an Executor?
First and foremost, please remember that you do not have to accept the job, but if you do, you had better do it properly because you may have liability to the beneficiaries if you don’t. That is why it is so important to retain the services of an experienced attorney to assist you.
If a person dies without a will, what happens?
Again, just as with a Will, if a person dies without a Will, the matter will also be subject to probate. In this case, the court will appoint an Administrator who takes a similar role to an Executor when there is a Will. Again, it is very prudent to retain the services of an experienced attorney to help you through the process because the persons who are entitled to inherit the assets rely on you to complete the probate properly and honestly.
Why do I need a Will if probate is necessary with or without a Will?
The difference is that with a Will, the court will distribute the estate according to the Decedent’s wishes. If there is no Will, the court will distribute the estate according to the laws of intestacy, and that is a very big difference. In intestacy, the estate may go to persons that the Decedent would never have wanted to share in the estate. That is why it is very important to have a Will.
Are there exceptions to the process?
Yes, there are. The biggest exception applies to those people who had the foresight to create a Living Trust. In that case, there is no probate necessary. Also, the survivor may be the spouse of the Decedent and if all property is community property then the estate may be transferred by way of a Spousal Petition. Also, if the estate is valued at $150,000.00 or less, there may be a simplified process available to you. These are just a few of the basic exceptions but this information is not all inclusive and is designed to provide basis information only.
What does probate cost?
The costs are statutory and are set forth in the Probate Code. It is based on a percentage of the value of the estate.
As the Executor, do I have to provide a Retainer Fee to the Attorney?
No. An attorney is not entitled to take a Retainer fee. The costs of the probate come directly from the estate as mentioned above.
Can I do the probate myself?
As with most things in life, you may be able to complete the process yourself. However, just because you may be able to do it yourself, that does not mean you should do it yourself. The process can be quite complex and takes a very long time. There are numerous rules and probate requirements and you will have to go to court and put your case to the judge. We strongly recommend that you utilize the services of an experienced attorney to help you.
FREE INITIAL CONSULTATION 562-634-1115
The Law Offices of Damian Nolan is located on the border of Lakewood and Long Beach. We service clients throughout the Los Angeles County. Our goal is to provide honest, courteous and diligent representation while striving to keep your legal costs down and making the legal process as easy as possible on you.
If you find yourself in the position of being an executor of an estate or you’re the loved one of someone that has passed away without a will but has many assets left behind, you will need the help of a good probate attorney.
A Long Beach probate attorney is a lawyer that focuses on guiding the proper distribution of assets according to a person’s will. They typically work with the beneficiaries of any assets that the deceased party has left behind and/or executors of the will. Probate attorneys are sensitive to the pain and emotions surrounding this time in someone’s life. They know how to move forward and resolve the issues for the best interest of those left behind.
A good probate attorney is very familiar with the state laws in California and how they apply to estates, assets, and trusts that are left behind. They are there to guide you through the entire probate process from start to finish and can represent you in any meetings and hearings related to the estate settlement.
If there are potential disputes over the estate, our probate lawyer in Long Beach, Lakewood and Los Angeles can be essential to helping to resolve the dispute and represent you in any court cases.
A probate attorney will also help determine what tax obligations you may have as a beneficiary or executor.
Damian Nolan has the experience and the knowledge to help you during this time. He is the best choice for a probate attorney in Long Beach, Lakewood and Los Angeles. Contact Attorney Damian Nolan today at 562-634-1115 for a consultation to discuss your specific case.
(This site is for informational purposes only. It does not purport to be and is not providing legal advice. Due to the ever-changing nature of the law, the information herein is not guaranteed to be accurate. You should speak with an attorney for legal advice.)