Fine Point Law


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Our Condolences


SCHEDULE A CONSULTATION

Initial consultation includes our review of the will, trust, and other documents, plus education about your role and responsibilities. $950.00. This fee is applied toward any further services needed.


If you are here to learn about the legal process after the passing or incapacitation of a loved one, we first want to express our sympathies for this difficult time. We hope that the information you find on this page will simplify any legal and administrative headaches you might otherwise face.


We're here for you.

Trying to handle the technical details during a time of loss can be a challenge. We are here to help. We want to help you through this process and take as much off your hands when it comes to locating assets, paying bills, and making sure your loved one’s assets get to the right people without court or conflict.

If your loved one created a Trust, and all of his or her assets are in Trust, then the good news is that we can begin the estate administration process completely outside of probate court. If you anticipate needing to go to court and start a probate, we will help you navigate it with the least amount of hassle and expense.


Who Do We Help?

We work closely with family members, beneficiaries, other heirs, and trusted advisors to ensure the assets are inventoried, debts are paid, and the assets are distributed correctly with the least amount of burden and taxes.


Often it is unclear in the beginning what exactly needs to be done. The deceased person may have had a trust, but may have also had assets not in the trust that need to be probated. Some assets are in banks or other institutions that have pay on death designations.


We've created an initial consultation process that will get you organized and clarify your role and responsibility in managing the decedent’s estate. After you meet with us, you will feel like you are on solid ground and know the path forward. We have years of experience in real estate taxes and will help you navigate how to minimize taxes for the heirs.



Schedule an Estate Administration Consultation



Thank​ you for being here. We know you have a lot of options when it comes to ​choosing the right attorney for you. ​We are here to support you however we can during ​any time of burden or loss.


Unfortunately, there are a lot of legal landmines when you are helping administer a loved one's estate and, if done improperly, the explosions can affect relationships for generations.


The good news is that there is an opportunity to maximize distributions with proper tax & legal strategy. We have created organized systems for our clients so you know you are in full compliance with the law and the wishes of your dearly departed or incapacitated person.


Initial consultation includes our review of the will, trust, and other documents, plus education about your role and responsibilities. $950.00. This fee is applied toward any further services needed.


SCHEDULE A CONSULTATION

WHAT IF MY LOVED ONE DIDN'T HAVE A TRUST?



Your loved one's estate may have to go through Probate. We are here to help.


Click through this slideshow to learn more about your options.



What is Probate?



Probate is a public court process to ensure the legal transfer of assets from the deceased’s name to the names of the deceased’s legal heirs or beneficiaries.


Probate is generally also necessary to prove the validity of a Will, appoint an executor to manage the estate, appraise estate property, pay the deceased’s debts and taxes, and distribute the estate property as directed by the Will (or by state law if there is no Will).



What is the executor of an estate responsible for?



Being an executor is a big responsibility, especially because probate can get very complicated very quickly. Instead of following the guidelines of a Living Trust with the help of an attorney in the privacy of their office*, executors must abide by a state's probate code.


For example, California's Probate Code contains pages upon pages of complex legal rules and procedures that an executor must follow during the probate process. In addition, there are certain deadlines that an executor must meet in filing papers with the court and providing notice to interested parties. If an executor does not comply with any of these rules, they can be held personally liable for any losses to the estate.


*Not all Trusts are created equal. If a Trust is outdated at the time of death, or if there are assets that were not properly transferred to the Trust, probate may be necessary. Unfortunately, not all Trust attorneys ensure that assets are properly owned, beneficiaries are properly designated, and the Trust is updated with the current law.



I was named as the executor of an estate/the trustee of a Trust; what should I do?



The best way to ensure your probate proceeding is handled properly and quickly is to hire an experienced attorney. Ideally, your attorney's practice should focus on estate, probate, and property law, and they should be extremely knowledgeable about how each area of law can interact with each other. If there was a Will or Trust in place, you are not required to hire the attorney who drafted those documents.


If you are ready to get started with the probate process after the passing of a loved one, please contact us and we will help determine your next best steps. We are here in service to making this as easy as possible on you, and we look forward to relieving any administrative or legal burdens you may face during this time of loss.


Initial consultation includes our review of the will, trust, and other documents, plus education about your role and responsibilities. $950.00. This fee is applied toward any further services needed.


Schedule an Estate Administration Consultation

Fine Point Law, Inc.



113 Cooper Street Santa Cruz,CA 95060 | 831.471.5293
hello@finepointlaw.com




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