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Best Probate Lawyers in Santa Clara

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Anastasi & Nielsen logo
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Anastasi & Nielsen

42 West Campbell Avenue, Suite 200, Campbell, CA 95008
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  • Estate Planning
  • Probate Litigation

Business Description

Anastasi & Nielsen is a family-owned and family-operated office representing business owners and high-net-worth families in and around Santa Clara. Its team of lawyers brings their combined legal experience of over 40 years to protect the rights of administrators and executors in probate proceedings and oversee the fulfillment of their duties, including distributing the deceased's assets, preparing an inventory of possessions, and paying unresolved taxes and debts. They draft legal documents like wills, living trusts, and advance health care directives. The team also handles business law cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.4 / 5 (8)
Yelp
5.0 / 5 (6)

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5.0
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Anderson & Associates logo
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Anderson & Associates

900 Lafayette Street, Santa Clara, CA 95050
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  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration

Business Description

Anderson & Associates has been serving the community of Santa Clara and the rest of the Bay Area since 1982. The law firm mainly focuses on estate planning and probate. It addresses trust matters, testamentary and pour-over wills, powers of attorney, probate avoidance administration, guardianship, and conservatorship. Cheryl Glen Anderson, the firm's founder, is an expert in probate, estate planning, and trust law and partner Ryan C. Anderson handles client small business planning and LLC formation.

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5.0
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Beau J. Jacob Attorney At Law logo
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Beau J. Jacob Attorney At Law

17760 Monterey Rd Ste E, Morgan Hill, CA 95037
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  • Trusts
  • Wills
  • Estate Planning

Business Description

Beau J. Jacob Attorney At Law guides Santa Clara clients in creating estate plans. He drafts estate planning instruments like wills, trusts, powers of attorney, and advance health care directives. He provides legal advice on the tax requirements an estate planning strategy may entail. Practicing law for over 30 years, Beau J. Jacob also works on business transactions, business formation, and criminal and DUI defense cases from his Morgan Hill office.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Brainin Law Office logo
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Brainin Law Office

1687 Laurel Street, San Carlos, CA 94070
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  • Probate

Business Description

Brainin Law Office is located in Santa Clara that handles matters of probate for beneficiaries, decedents, and executors. It assists the family of the deceased in compiling all assets and creating an inventory for distribution. The office can also examine the will to check its validity and guide executors in fulfilling all tasks. This includes paying off existing debts and securing trust funds for family members. The office's attorney, Gary Brainin, has been in practice for over 20 years and also handles estate and wealth planning.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Yelp
4.5 / 5 (8)
Avvo
5.0 / 5 (2)
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Burns Law logo
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Burns Law

2625 Middlefield Road No. 655, Palo Alto, CA 94306
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  • Estate Planning

Business Description

Burns Law assists clients in Santa Clara and the surrounding communities in civil disputes. It litigates trust and will contests, fiduciary duty issues, and financial elder abuse actions. It also represents fiduciaries, executors, and beneficiaries in matters related to trust and probate administration. Additionally, the firm assists in contested and non-contested conservatorship proceedings. Jeremy Aaron Burns, the firm's lawyer, started his practice in 2005. He worked for large, prestigious firms before deciding to form his own firm in 2011.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Law Office of Eric Shiu logo
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Law Office of Eric Shiu

2570 North First Street, Suite 200, San Jose, CA 95131
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  • Trusts
  • Wills

Business Description

The Law Office of Eric Shiu offers legal services to residents in Santa Clara and nearby locations. The firm provides estate planning assistance, which covers the preparation of different documents such as powers of attorney, wills, and trusts. It also represents clients in landlord-tenant disputes and provides assistance in pursuing financial compensation on behalf of injury victims. The company is headed by Eric Shiu, who has nearly 20 years of experience. He is a volunteer for Lawyers in the Library.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (66)
Facebook
5.0 / 5 (9)
Google
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Offices of Lawrence M. Kelly, Esq logo
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Law Offices of Lawrence M. Kelly, Esq

275 Saratoga Avenue, Santa Clara, CA 95050
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  • Wills
  • Estate Planning
  • Living Trust

Business Description

The Law Offices of Lawrence M. Kelly, Esq, caters to local residents in Santa Clara. It assists clients who want to put together an estate plan that includes documents like living trusts, health care directives, and powers of attorney. It also represents individuals during probate court proceedings and helps them with other administrative matters, such as income tax basis adjustments and spousal property petitions. Head attorney Lawrence M. Kelly is an estate planning, probate, and trust law specialist recognized by the California Board of Legal Specialization.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Yelp
4.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Litherland, Kennedy & Associates Attorneys at Law logo
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Litherland, Kennedy & Associates Attorneys at Law

3425 S. Bascom Ave, Suite 240, Campbell, CA 95008
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  • Estate Planning
  • Trust Administration
  • Probate Litigation

Business Description

Litherland, Kennedy & Associates Attorneys at Law represents Santa Clara residents who have probate law issues. The firm handles judicial processes like the assessment of a decedent's assets and the transfer of shares to heirs. The office formulates estate plans that cover contingencies like the testator's disability. Firm president Justin M. Kennedy is state bar-certified as a legal specialist in estate planning, trust, and probate law. He is a fellow of the American Academy of Estate Planning Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.6 / 5 (33)
Avvo
5.0 / 5 (30)
Facebook
5.0 / 5 (15)

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Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Norton Basu LLP logo
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Norton Basu LLP

5201 Great America Parkway Suite 320, Santa Clara, CA 95054
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  • Estate Planning
  • Trust Administration

Business Description

Norton Basu, LLP, handles the creation of estates and trusts and the litigation of probate disputes for Santa Clara-based families. Attorneys Zakiya Norton and Somita Basu help streamline the creation of comprehensive estate plans by providing clients with informative instructions and proactive insight into the process. Each plan is designed to minimize the financial and legal burdens shouldered by families due to the complications of probate hearings. Norton and Basu have been previously featured on media and news platforms like the Chicago Tribune and Medium.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (19)
Google
5.0 / 5 (15)
Facebook
5.0 / 5 (10)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Robert A. Froehlich Attorney at Law logo
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Robert A. Froehlich Attorney at Law

2391 Zanker Road, San Jose, CA 95131
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  • Trusts
  • Wills
  • Estate Planning
  • Trust Administration

Business Description

Robert A. Froehlich, Attorney at Law, creates legal solutions to support Santa Clara families and their multi-generational members. During probate, the firm deploys legal strategies to protect clients' children and grandchildren from Proposition 13 property tax reassessment. It also represents heirs, beneficiaries, personal representatives, and executors in probate court. Froehlich is a solo practitioner who has been handling estate law matters since 1978, and he has conducted corporate seminars at NASA and U.S. Steel on wealth management and taxation topics.

Rui Attorneys logo
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Rui Attorneys

75 E Santa Clara St Suite1390, San Jose, CA 95113
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  • Estate Planning

Business Description

Rui Attorneys is a boutique law office that delivers legal solutions to the residents of Santa Clara and its neighboring metros. It provides representation in estate matters such as estate planning and administration, private family foundations, and income tax payment for estates and trusts. The firm also handles revocable and irrevocable living, grantor retained annuity, charitable remainder, and intentionally defective grantor trusts. Its managing partner, Michael Lee, has established a comprehensive family wealth plan for a private client with a $50 million net worth.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Steburg Law Firm logo
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Steburg Law Firm

2033 Gateway Pl 5th Floor, San Jose, CA 95110
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  • Trusts
  • Wills
  • Trust Administration
  • Probate Administration

Business Description

The Steburg Law Firm, P.C., represents clients in Santa Clara and the rest of the state in trust, estate, and probate cases. The firm deals with trust and will contests, beneficiary litigation, conservatorship, and asset recovery. It also advises trustees to minimize asset loss and client liabilities. Firm founder Anita Steburg has 12 years of legal experience. She works on finding win-win solutions without compromising her clients' rights if their cases reach the litigation process.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
3.5 / 5 (3)
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
Temmerman, Cilley & Kohlmann, LLP logo
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Temmerman, Cilley & Kohlmann, LLP

2502 Stevens Creek Boulevard, San Jose, CA 95128
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  • Trusts
  • Wills
  • Estate Planning
  • Inheritance Taxes
  • Estate Taxes
  • Trust Administration

Business Description

Temmerman, Cilley & Kohlmann, LLP provides Santa Clara residents with services focused on probate, estate administration, estate planning, and elder law. Helping individuals and families safeguard their legacies and estates, the firm's lawyers prepare estate planning instruments that limit tax exposure and avoid probate. They assist in administering estates and represent clients in estate and probate litigation. The firm has offices in San Jose and Danville and caters to clients who speak Spanish, Italian, French, Greek, Vietnamese, and Chinese.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Google
4.4 / 5 (20)
Yelp
3.0 / 5 (10)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
The Dayton Law Firm, P.C logo
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The Dayton Law Firm, P.C

1754 Technology Drive Suite 230, San Jose, CA 95110
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  • Wills
  • Estate Planning

Business Description

The Dayton Law Firm, P.C, focuses on catering to the legal needs of Santa Clara-based wealthy families. Since 1998, it has been handling a variety of estate planning needs, such as asset protection, probate administration, retirement planning, and wills and trusts. Founder Richard C. Dayton is a board-certified estate planning specialist by the State Bar of California Board of Legal Specialization. He helps families customize their estate plans, including administering an executor, creating asset protection plans, and preparing a power of attorney document.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.1
Avvo
5.0 / 5 (13)
Google
3.4 / 5 (5)
FindLaw
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
The Heritage Law Group logo
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The Heritage Law Group

96 N 3rd St Ste 260, San Jose, CA 95112
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  • Trusts
  • Wills
  • Estate Planning
  • Inheritance Taxes
  • Estate Taxes
  • Trust Administration
  • Probate Litigation

Business Description

Located in San Jose, The Heritage Law Group serves clients from Santa Clara, Aliso Viejo, and surrounding areas. Its founder, Roger Wintle, has over 30 years of practice as an attorney. Roger is firm about identifying all possible solutions available to clients, a belief that the rest of the team shares. The Heritage Law Group is well-versed in California probate. The Heritage Law Group drafts wills and trusts and trust administration.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Law Office of Jamay Lee A Professional Corporation logo
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The Law Office of Jamay Lee A Professional Corporation

951 Mariners Island Blvd Ste 300, San Mateo, CA 94404
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  • Estate Planning
  • Trust Administration

Business Description

The Law Office of Jamay Lee offers tailored counsel involving estate planning and administration within Santa Clara. Lee uses her familiarity with probate and case laws to inform clients of ways to resolve conflicts like valuation disputes, contentions for conservatorships, and breaches of fiduciary duties. Her expertise also includes the drafting of estate planning documents that provide families with opportunities to forestall future probate-related complication. She is an appointed member of the San Mateo County Superior Court's Independent Counsel Panel for trust and probate cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Law Offices of Deborah Azar logo
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The Law Offices of Deborah Azar

2005 De La Cruz Blvd Suite 145, Santa Clara, CA 95050
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  • Trusts
  • Wills
  • Estate Planning
  • Probate

Business Description

The Law Offices of Deborah Azar have extensive experience assisting Santa Clara residents with probate litigation, trust administration, and estate planning. Deborah Azar helps her clients assess their estate planning options, whether they need wills, trusts, or gift tax planning services. Azar also aids local business owners in business and succession planning. The attorney thoroughly explains the legal context of each case, empowering her clients with the knowledge they need to make informed decisions.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (36)
Yelp
5.0 / 5 (13)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Victoria Law Offices logo
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The Victoria Law Offices

2845 Moorpark Ave Suite 110, San Jose, CA 95128
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  • Trusts
  • Wills
  • Estate Planning

Business Description

The Victoria Law Offices represent parties in Santa Clara during probate proceedings. It tackles the various issues surrounding the judicial distribution of assets as dictated in wills and the administration of fiduciary trusts. The office handles estate planning matters and the establishment of conservatorship and guardianship to preserve inheritable properties. The firm also takes on insolvency cases. Counsel Victoria Li has completed studies in business administration, and her practice focuses on inheritance law and corporate taxation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.1
Yelp
4.0 / 5 (31)
Google
4.2 / 5 (25)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Detail
––
Timothy D. Henry Law Offices logo
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Timothy D. Henry Law Offices

1871 The Alameda, San Jose, CA 95126
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  • Estate Planning
  • Probate

Business Description

Timothy D. Henry Law Offices has been a source of probate solutions since 2011. Serving the Santa Clara metro, the firm helps individuals settle their financial affairs with personalized estate plans that reflect their goals and family dynamics before their passing. It serves as an executor if the deceased left a will and carries out probate duties such as managing assets, notifying beneficiaries, and distributing assets. Founding attorney Timothy D. Henry also caters to Spanish-speaking individuals and is a Wealth Counsel member.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Yelp
5.0 / 5 (8)
Google
4.8 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Tomita, Penning & Gee, LLP logo
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Tomita, Penning & Gee, LLP

900 Lafayette St., Ste. 607, Santa Clara, CA 95050
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  • Estate Planning

Business Description

Tomita, Penning & Gee, LLP, is a local firm that helps with probate and trust administration matters. The firm works with clients in Santa Clara and the surrounding regions, guiding them through the probate process. It gives legal counsel to persons appointed as executors or administrators on managing and transferring a decedent's assets to the estate's heirs or beneficiaries. It also informs beneficiaries of their rights to protect their interests. One of the firm's lawyers, Christopher M. Gee, has been in practice since 2014.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Back to Providers

Frequently Asked Questions

What does a probate attorney do?

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

What is probate court?

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

How long do you have to file probate after death?

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Does life insurance go through probate?

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

Do household items go through probate?

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

Do bank accounts with beneficiaries have to go through probate?

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

What happens if no probate is filed?

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

What is probate real estate?

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

Can I probate a will or estate without an attorney?

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

How many years can an estate remain in probate?

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

When is a will's probate an automatic process?

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

What does it mean when property is under probate?

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.

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