Best Estate Planning Attorneys in Fresno

FAQs

• What is the non-emergency contact number for the local police station in Fresno, California?

  The non-emergency number for the local police in Fresno is (559) 621-7000.

• Where can I get a copy of police reports for incidents related to my case in Fresno, California?

  You can request a copy of a police report online through Fresno’s public records portal: https://fresnoca.govqa.us/WEBAPP/_rs/(S(bemkmsbwcjtgeducg52ywaog))/supporthome.aspx. You can also mail a written request to this address: Fresno Police Department, Attention: Records Bureau, P. O. Box 1271, Fresno, CA 93715-1271. You must state your need for the said record and include your name, the case number, the date and time, the type of incident, and a photocopy of your driver’s license. Note that you need to pay 20 cents per page if the document exceeds 10 pages.

• Who will inherit your property if you do not have a will in Fresno?

  If you die without a will in Fresno, your properties will pass on to heirs according to intestate succession rules in California Probate Code § 6400-6455. At least half of your assets will go to your children, who will equally share the inheritance with their half-siblings. The other half will go to your surviving spouse and identified beneficiaries.

• What happens to your assets if your entire family is killed in a plane crash in Fresno and you have no will?

  If you die intestate in Fresno without surviving blood relatives, your assets will go to your spouse’s family members instead, following California probate laws. If you have a named beneficiary who also dies with you, their next of kin can also receive an inheritance. Worst-case scenario: If no heirs can be found at all, the state can claim your estate.

• If you die without a will in a Fresno car crash and you have many properties, who handles the asset distribution?

  In this scenario, probate is most likely necessary, so the probate court in Fresno will appoint an administrator over your estate. The role will first be offered to your spouse. But if your spouse is distressed by the turn of events and unable to bear such a responsibility, they can decline and suggest another capable person take over.

• Will estate taxes be paid for assets worth $10 million in Fresno upon the owner's death?

  No, there should be no estate taxes if the assets have a net value of $10 million. This is because tax credits currently exempt estates worth $11.2 million or less for single decedents in Fresno. Married couples with an adequate estate plan in place would not have to pay taxes unless the value of their properties exceeds $22.4 million. Note these values may change over time—it is best to consult a probate lawyer.

• What are the options for distributing small estates in Fresno?

  It depends on the value of the Fresno estate. California Probate Code § 13150 applies to estates worth $166,250 or less in personal and real properties. In such cases, all potential successors must sign and file a petition for a hearing. While this can turn into a full probate, there are usually fewer requirements. For smaller estates worth less than $50,000, a petition can be filed with the court to clear real estate titles and initiate the property transfer process.

• What does an estate planning attorney do?

  An estate consists of the total assets that form an individual’s net worth, no matter how large or small. Estate planning attorneys use their in-depth knowledge of state and federal laws to help people best manage what will happen with their estates after they die or become incapacitated. Estate planning attorneys can prepare wills, form trusts, reduce estate tax burdens, and decrease or eliminate the need for probate court.

• What are valuable estate planning services an attorney can provide?

  With the many intricacies of assets, taxes, and state and federal laws that can affect a person’s estate, an estate planning lawyer can be a valuable professional asset, no matter how large or small a person’s estate may be. An estate planning attorney can:

  • Create a comprehensive plan to protect a client's legacy, that includes a will, power of attorney, trusts, life insurance, and advanced medical directives
  • Optimize an estate plan as tax laws, life events, assets, and goals change over time
  • Protect a client’s loved ones by preventing assets from entering probate
  • Help clients designate a person to make important health decisions for them if they become incapacitated

  
  

• Can estate planning attorneys help create trusts/wills?

  Estate planning attorneys can create trusts and wills. Through a will, an attorney can help a client designate their estate’s beneficiaries and assign an executor to represent the will in probate court. These attorneys can also create trusts, allowing a client to assign a trustee to oversee the estate, potentially avoiding probate court and holding assets to be distributed over time.

• Is estate planning the same as drafting a will?

  While both estate plans and wills officially document how their owners wish to allocate certain assets after their death, there are key differences. In estate planning, a will is often just one of several documents that form a comprehensive plan. In a will, people must designate a person responsible for executing their will after their death. The will can include guardians for their children when they die and beneficiaries to receive an inheritance of money, property, and other assets.

• What are the steps involved in estate planning?

  To create a thorough and effective estate plan, individuals should follow these steps:

  • Prepare a will that designates an estate executor; indicate who will receive what assets, and assign a trust and guardians for any children. Consider using an attorney if the will is in any way complex.
  • To avoid probate, have an attorney create a revocable living trust.
  • Assign beneficiaries to other assets, such as life insurance policies, retirement plans, and securities.
  • Use an attorney to prepare a living will, name a health care proxy, and create a HIPAA release form.
  • Update the plan every five years.

  
  

• How long does the estate planning process last?

  The length of the process can vary greatly depending on the size and complexity of the estate, the specific law office, and whether there’s an emergency or urgent need. If you’re using an attorney, you can generally expect it to take one to five weeks. You may be able to speed up the process by immediately providing your attorney with any bank statements or other documents they need.

• What is a trust?

  A trust is an agreement between a grantor, a trustee, and a beneficiary. In this agreement, the grantor allocates funds or real property assets to the trustee to be held either until the grantor passes away or until a specific, agreed-upon date. At that point, it's the responsibility of the trustee to distribute funds or property to the beneficiary or beneficiaries. While there are similarities between a will and a trust, a will is a more comprehensive document that typically requires probate court, while a trust allows assets to pass to the beneficiary without probate.

• How does a trust fund work?

  When opening a trust fund, a grantor allocates a trustee to oversee and manage assets in the account. This trustee can sometimes be a relative, an estate lawyer, or a bank that acts as the legal owner of the trust. While holding assets, the trustee is required to file taxes on trust assets.

• How does a living trust work?

  A living trust enables a grantor to manage their assets through a trustee while still alive. They can continually add funds and/or property to their trust fund by transferring them to the trustee, who accepts ownership of everything held in the fund. The grantor can name a beneficiary for their trust, and their assets will be automatically transferred to that person or establishment upon their death.

• Do I need a lawyer for a will?

  No, a lawyer is not required to draft or complete a will. However, there are some scenarios in which hiring an estate lawyer to assist with a will is a good idea, including when children or high-value assets are involved. Additionally, an estate lawyer can help to reduce probate fees and taxes paid by loved ones after a person dies. It's also best to work with a professional to ensure that the will addresses everything necessary, such as funeral plans, guardianship, and asset distribution.

• Can you have both a will and a living trust?

  Yes, and individuals who have a living trust should also have a will. While a living trust enables a person to leave funds and assets to a loved one when they're gone, a will is required to cover any assets that aren't included in the trust, such as guardianship of dependents, funeral plans, and forgiveness of outstanding debts, if applicable.

• How much does it cost to set up a trust?

  The cost of setting up a trust varies quite a bit depending on a variety of factors, including terms that are in place, special provisions for minor beneficiaries, and trustees' basic fees. In most cases, the minimum cost of setting up a trust is about $1,500, but depending on the factors mentioned above, this cost can increase by thousands of dollars.