Trusts and Probate
Trusts and Probate - a specialty of San Diego Elder Law Center
At the San Diego Elder Law Center, we handle all trusts, probate, and administrative needs of our clients. We are knowledgeable in how to pass property, when possible, without costly probate proceedings. If probate is necessary, we can handle it efficiently and quickly. We are experienced in representing executors, administrators, and beneficiaries who wish to make sure their rights are being protected.
Our Probate Goal: Prompt Distribution to Beneficiaries
Probate is a formal legal process by which ownership of the property of a person who has died is passed to their heirs. It may involve the distribution under the provisions of a will, or, if the decedent died without a will, “intestate” proceedings where the law determines the beneficiaries. The individual appointed by the court to manage the estate during the probate is usually known either as an “executor of the will” or an “administrator of the estate.” During the estate’s administrative phase, the decedent’s property will be gathered by the administrator, inventoried, and appraised. Property will be maintained and invested as needed, or sold, and debts will be settled. Required legal notices will be given and beneficiaries and heirs determined. Tax returns will be filed as needed, and any taxes due will be paid. Disputes, if any, will be resolved. Ultimately, at the end of the probate process, the property is passed on to decedent’s heirs free from any claims of third parties or creditors.
A trust is an arrangement wherein money or property is owned and managed by a person (or persons, or organizations) on behalf of another. The trust is created by a settlor (also called a trustor, grantor, donor, or creator), who entrusts some or all of their property to people of their choice (the trustees). The trustees are the legal owners of the trust property (or trust corpus), but they are obliged to hold the property for the benefit of one or more individuals or organizations (the beneficiary), usually specified by the settlor. The trustees owe a fiduciary duty to the beneficiaries, who are the "beneficial" owners of the trust property. The trust is governed by the terms of the trust document, which is usually written and in deed form. It is also governed by local law.
Click HERE for the Special Needs Trusts Q&A page
We at San Diego Elder Law Center help Senior Citizens in matters of probate, special needs trusts, conservatorship, estate planning, Medi-Cal, disabilities, power of attorney, probate, and more.
We are in San Diego, California
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Elder Law is the area of the law which impacts the lives of older Americans and their families. Elder law addresses elder care planning issues, including access to appropriate medical and personal care, coordinating private and public resources to finance the cost of care, income assistance benefits, taxation, conservatorship, general estate planning, estate and trust administration issues (e.g. wills, trusts, and probate), counseling and planning for incapacity with medical directives and other alternative decision making documents, as well as for possible long-term care planning concerns, such as home health care, nursing home care, and hospice care.
Philip P. Lindsley, JD, CELA
Certified Elder Law Attorney
(619) 235-4357
Copyright 2007
Website written by Mark Buckles