What is Probate? Probate is the Court-supervised process of appointing a personal representative of a decedent’s estate, notifying creditors, settling debts and creditor claims, and distributing remaining assets to beneficiaries or heirs. 1. Statutory Probate Fees – How Attorney and Personal Representative Costs Are Calculated California law sets mandatory fee tiers for ordinary services based on the gross value of the estate (not net after debts): Both attorney fees and the personal representative compensation follow this formula. For example, a…
Protect Your Inheritance – File a Report of Death Within One Year to Avoid Higher Property Taxes
When a loved one passes away, handling their affairs can feel overwhelming. However, one task that should not be overlooked is filing a Change in Ownership Statement – Death of Real Property Owner with the county assessor if the decedent owned real property. This filing determines whether the property may be eligible for a parent-child or family transfer property tax exclusion and avoids unintended increases in property taxes. What Is the Property Tax Reassessment Exclusion? In California, certain transfers of…
How a Non-US Resident Heir can Inherit from a California Estate
Under California Probate Code Section 8402, heirs not living in the US are not qualified to serve as Executor or Administrator to an Estate, however, this does not invalidate your right to your inheritance as either a will beneficiary or next of kin. Heirs in foreign countries, as well as the nearest consulate/embassy of that country are entitled to notice of probate as well. As an heir, you have the ability to nominate someone to serve as Administrator of the…
How to Recover Your Inheritance After Being Left Out of a California Estate
Every so often in our practice, we encounter heirs who were not included in the administration of an Estate. This can take many forms, all of which we are experienced in dealing with. Please find the heading below which matches your situation: How to Be Acknowledged as an Heir in an Ongoing Probate If the Estate is still undergoing the probate process, the best thing to do is contact the Administrator, or Executor of the Estate, or their attorney. Be…
Client Profile – Aeta Tribe Foundation
The Aeta Tribe Foundation is an International 501(c)3 formed in the State of California in May 2015 to promote and protect the health and well-being of the indigenous Aeta Tribes of the Philippines. Prior to the eruption of Mount Pinatubo in 1991, approximately 800,000 Aeta people lived along the mountain’s slopes. The eruption caused the land and water to be poisoned, and diminished the population to approximately 40,000 Aeta tribespeople. The Aeta Tribe Foundation works with tribespeople to keep their…