Frequently Asked Questions

The Law Offices of Colleen S. Patterson can answer your estate planning questions about wills, trusts, and probate. As an attorney since 1989, Colleen emphasizes education of and collaboration with our clients so that you can make informed, confident decisions. After reading these estate planning FAQs, Contact us to discuss your specific circumstances with our experienced attorneys and let us help you plan successfully for your family. 

Estate planning is a process. It involves people-your family, other individuals and, in many cases, charitable organizations of your choice. It also involves your assets (your property) and the various forms of ownership and title that those assets may take. And it addresses your future needs in case you ever become unable to care for yourself.

Through estate planning, you can determine:

How and by whom your assets will be managed for your benefit during your lifetime if you ever become unable to manage them yourself.

When and under what circumstances it makes sense to distribute your assets during your lifetime.

How and to whom your assets will be distributed after your death.

How and by whom your personal care will be managed and how health care decisions will be made during your lifetime if you become unable to care for yourself.

Many people mistakenly think that estate planning only involves the writing of a will. Estate planning, however, can also involve financial, tax, medical and business planning. A will is part of the planning process, but you will need other documents as well to fully address your estate planning needs.

You do-whether your estate is large or small. Either way, you should designate someone to manage your assets and make health care and personal care decisions for you if you ever become unable to do so for yourself.

What Is Involved In Estate Planning?

There are many issues to consider in creating an estate plan. First of all, ask yourself the following questions:

What are my assets and what is their approximate value?

Whom do I want to receive those assets-and when?

Who should manage those assets if I cannot- either during my lifetime or after my death?

Who should be responsible for taking care of my minor children if I become unable to care for them myself?

Who should make decisions on my behalf concerning my care and welfare if I become unable to care for myself?

What do I want done with my remains after I die and where would I want them buried, scattered or otherwise laid to rest?

These questions and more can be answered by our Colleen S. Patterson, Attorney at Law. Contact Us today for more information and to schedule an appointment.

A Will, or a last will and testament, is a legal document that describes how you would like your property and other assets to be distributed after your death. When you make a will, you can also use it to nominate guardians for your children, dependents, or pets. 

FOUR LEGAL TERMS YOU SHOULD KNOW: 

• Testator: The person who creates a will 
• Executor: The person that the testator appoints to carry out their will  
• Beneficiaries: The people or organizations who are left bequests (cash gifts or other assets) in the will by the testator 
• Probate: is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at the time of death in the absence of a legal will. 

When you pass away with a will, the will is usually presented to a local probate court. This court then authorizes the executor to distribute your assets according to the instructions in your will- as long as there are no disputes or other problems. If you pass away without a will, it is called dying 'intestate.' In those cases, a local court will distribute your property according to your state's intestacy laws. These typically give your spouse or partner, children, parents, siblings or other relatives a part of your property. But this may not necessarily be in the order or amounts you would like. 

Many people assume that they are "too young" to need a will. Some people believe that they don't own enough assets or have a big enough net worth to necessitate a will. You might even think it's too late to start your first will. Everyone needs a will.  

They are carried out through a court-supervised process called probate. Typically, the executor named in your will starts the probate process after your death by filing a petition in court and seeking official appointment as executor. The executor then takes charge of your assets, pays your debts and, after receiving court approval, distributes the rest of your estate to your beneficiaries.

Simpler procedures are available for transferring assets to a spouse or registered domestic partner, or for handling smaller estates.

The probate process has advantages and disadvantages. The probate court is accustomed to resolving disputes about the distribution of assets fairly quickly through a process with defined rules. In addition, the probate court reviews the executor's handling of each estate, which can help protect the beneficiaries' interests.

One disadvantage, however, is that probates are public. Your estate plan and the value of your assets will become a public record. Also, because lawyer's fees and executor's commissions are based on a statutory fee schedule, a probate may cost more than the management and distribution of a comparable estate under a living trust. Time can be a factor as well. A probate proceeding generally takes longer than the administration of a living trust.

When a loved one dies without leaving a will, he or she is said to have died intestate. When this happens, California laws governing descent and distribution will apply and any assets or inheritance will pass on the to the deceased's beneficiaries according to these laws, regardless of the deceased's wishes. At the Law Offices of Colleen S. Patterson, our probate lawyer will help guide you through the administration process when a loved one has died intestate.

Estate Administration in Probate Court

Our office has extensive experience helping guide people through this sometimes complicated process. When there is no will, it is likely that the entire estate must go through probate court. The administration of the estate will be similar to the typical probate process with one major difference, the laws of intestate succession will govern the distribution of the estate's assets. Intestate succession requires the estate administrator to identify all potential heirs, which begins with immediate family members.  Generally, the order of inheritance is as follows: 

1. Spouse or domestic partner
2. Children
3. Parents
4. Siblings
5. Grandparents
6. Other relatives

The length of the probate process can vary depending on the complexity of the estate and any disputes that may arise. On average, probate in California takes between 12 to 18 months to complete. 

The cost of probate in California depends on several factors, including the value of the estate, the complexity of the case, and the fees charged by attorneys and other professionals involved. California law sets a statutory fee schedule for attorneys and executors, which is based on the value of the estate:

Estate Value                 Statutory Fee

First $100,000                     4%

Next $100,000                     3%

Next $800,000                    2%

Next $9,000,000                1%

Over $10,000,000              0.5%

In addition to these fees, there are also court filing fees, appraisal fees, and other expenses that may be incurred during the probate process.

While it is possible to handle probate without an attorney, it is generally not recommended, especially for complex estates or those involving disputes. The probate process can be complicated and time-consuming, and even minor mistakes can lead to delays or legal issues. An experienced probate attorney can help ensure that the process is handled correctly and efficiently, minimizing the risk of errors and protecting your interests. 

A will is a legal document that specifies how you want your assets distributed after your death. It  goes through the probate process, supervised by the California Superior Court.  A trust, on the other hand, is a legal arrangement where a trustee holds and manages assets to be  distributed to your chosen beneficiaries after your death. One benefit of a trust is it can avoid the  probate process.

Assets held in a revocable living trust are not considered part of your probate estate. Your chosen  trustee can directly distribute the assets held in a living trust to your beneficiaries upon your  death according to the terms of the trust without waiting for the lengthy and expensive probate  process to conclude. 

Yes, with a revocable living trust, you can serve as your own trustee during your lifetime. This allows you to maintain control over your assets while still enjoying the benefits of the trust structure. 

Common assets to consider placing in a trust include:

• Real estate
• Bank accounts
• Investment accounts
• Business interests
• Valuable personal property

However, the specific assets you should transfer depend on your individual situation and goals. Our trusted attorney can provide personalized guidance on which assets are best suited for your trust.

It’s generally recommended to review your trust every 3-5 years or after significant life events such as:

• Marriage or divorce
• Birth or adoption of a child
• Death of a beneficiary
• Substantial changes in assets
• Relocation to a different state

Regular reviews ensure your trust remains aligned with your current wishes and circumstances.