Best Probate Lawyers in Milpitas, CA

FAQs

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

  408-586-2400 is the contact number of the Milpitas Police Department for non-emergency calls.

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

  Incident reports are available Monday through Friday from 8 a.m. to 5 p.m. at the Milpitas Police Department Records Division, 1275 N. Milpitas Blvd, Milpitas, CA 95035. Most publishable reports are obtainable within 5-7 business days. Contact the Records Department at 408-586-2400 to determine whether your report will be released or for information regarding your report's status.

• What are the steps in the probate procedure at Milpitas?

  Here are the steps in the procedure of most Milpitas probate cases:

  • Submitting a statement to the relevant court;
  • Notifying beneficiaries or heirs;
  • Appointing the executor or administration;
  • Valuating the property;
  • Filing of claims by creditors;
  • Paying accepted claims;
  • Preparing real estate tax payments; and
  • Distributing assets to beneficiaries or heirs.

• What are the most common reasons for disputing wills in Milpitas?

  A common reason for contesting a will in Milpitas is a lack of testamentary capacity. A testator's choice to bequeath property unjustifiably cannot be challenged based on legal ability. However, if the testator had dementia, alcohol abuse, substance abuse, or mental illness, they may lack the testamentary capacity to bequeath property.

• What are the obligations of a trustee of Milpitas?

  The Milpitas trustee has several essential obligations in the event of the trustee's death or bankruptcy, including:

  • Monitoring the trustee care;
  • Understanding insurance benefits and limitations;
  • Applying for disability benefits;
  • Overseeing the sustenance of minors and relatives;
  • Notifying the bank and handling all business matters; and
  • Keeping accurate accounting records.

• Do you require an attorney to file for probate in Milpitas?

  Yes, you should seek the assistance of a Milpitas probate attorney, as the process is time-consuming, expensive, and complicated. An experienced attorney ensures all legal obligations are met and helps expedite the entire process. Working with an attorney can also minimize the costs associated with tax issues, oversights, and long claims.

• How much does it cost to hire a probate attorney in Milpitas?

  California law describes a tiered fee structure that sets the maximum amount a Milpitas probate attorney can charge. Fees can be at most 4% for the first $100,000. For the next $100,000, the fee cannot exceed 3%. For the next $800,000, the fee cannot exceed 2%. For the next $9 million, the fee cannot exceed 1%. For values ​​over $25 million, a judge will likely preside over probate to determine the appropriate fee.

• 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.