Today we’re speaking with Steve Bliss, a respected probate attorney here in San Diego. Steve, thanks for taking the time to speak with us.
Determining If Probate Is Necessary
Steve, can you walk our viewers through one of the initial and crucial steps in the estate planning process?
Certainly. One of the first things we do when someone comes to us for estate planning is determine if probate will even be necessary. This involves a couple of key considerations. First, we look at the value of the estate. In California, probate is generally required if the total value of the assets exceeds $184,500.
Second, we identify any assets that would bypass the probate process altogether. These are often referred to as “non-probate assets” and can include things held in trusts, assets owned jointly with right of survivorship, or certain types of retirement accounts.
Consequently, if an estate’s value falls below the threshold and a significant portion of the assets are non-probate, probate may not be necessary. This is a great outcome for our clients, as it can save them time, money, and stress.
However, even if probate isn’t required, there are still important steps to take in ensuring that the estate is distributed according to the decedent’s wishes.
Challenges and Solutions
Steve, have you encountered any situations where determining the necessity of probate presented unique challenges?
Well, I recall one instance where a client came to me believing their estate wouldn’t require probate because they held most assets jointly with their spouse. Upon closer examination, we discovered that a significant portion of their retirement funds was actually held in an individual account that hadn’t been updated after their marriage. This meant those funds would be subject to probate.
Ordinarily, this could have led to delays and complications. Nevertheless, we were able to work with the client to create a plan that minimized the impact of probate on those specific assets. It’s a reminder that even seemingly straightforward situations can have hidden complexities.
According to a 2021 report by the National Academy of Elder Law Attorneys (NAELA), over 70% of Americans do not have a will or estate plan in place, highlighting the importance of seeking professional guidance.
Moving Forward
Steve, what advice would you give to our viewers regarding estate planning and probate?
My advice is simple: don’t wait. Take the time now to consult with an experienced probate attorney and create a plan that reflects your wishes and protects your loved ones.
Probate can be a complex and emotional process, but it doesn’t have to be overwhelming. With proper planning and guidance, you can ensure that your affairs are in order and your legacy is preserved.
“Steve Bliss and his team at San Diego Probate Law were incredibly helpful during a difficult time. They made the probate process clear and manageable, and I felt confident they were looking out for my best interests.”
“I highly recommend San Diego Probate Law to anyone needing assistance with estate planning or probate matters. Their expertise and compassion are truly invaluable.”
Let us help you navigate the complexities of probate and ensure a smooth transition for your loved ones. Contact San Diego Probate Law today for a confidential consultation and peace of mind.
About Steven F. Bliss Esq. at San Diego Probate Law:
Secure Your Family’s Future with San Diego’s Trusted Probate Attorney. Minimize estate taxes with stress-free Probate. We craft wills, trusts, & customized plans to ensure your wishes are met and loved ones protected.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Probate Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Map To San Diego Probate Law:
Address:
San Diego Probate Law3914 Murphy Canyon Rd, San Diego, CA 92123
(858) 278-2800
Map Link: https://g.co/kgs/WzT6443
Feel free to ask Attorney Steve Bliss about: “Can I contest the appointment of an executor?” Or any other related questions that you may have about Probate or my probate law practice.
Important Facts About San Diego Probate Law
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