Resources

Additional information and tools can be found on the Law Stein Anderson, LLP website:

Professional Fiduciary Services

A trustee manages and administers a trust according to its terms and the best interests of the beneficiaries. If the original trustee can no longer fulfill this role for reasons such as resignation, incapacity, or death, the successor trustee takes over.

As your trustee, we can:

  • Oversee and manage trust assets.
  • Make distributions to beneficiaries.
  • Maintain accurate and detailed records.
  • Ensure legal compliance
  • Handle tax filings and payments
  • Address and resolve any disputes
  • Prepare financial statements and reports

As your successor trustee, what we do includes seamlessly taking over the management and administration of the trust according to its terms. We will preserve the trust’s integrity and objectives and reassure the beneficiaries that even though the original trustee cannot continue, they can rely on us.

As your professional executor, we administer your estate according to your precise wishes. Our duties include:

  • Managing assets
  • Paying debts
  • Filing taxes
  • Distributing inheritances

Choosing a professional executor instead of a family member offers impartiality and expertise, avoiding potential conflicts of interest or emotional stress during a difficult time. We are well-versed in legal and financial procedures, so the risk of errors is greatly reduced. Our goal is to provide peace of mind and a smooth process because your estate deserves to be handled efficiently and correctly.

As a professional conservator, we manage the personal and financial affairs of someone unable to do so themselves due to incapacitation. Our duties include:

  • Handling finances
  • Paying bills
  • Managing property
  • Ensuring the individual’s care and well-being 

Choosing a neutral professional, such as an attorney, prevents conflicts of interests that otherwise could arise between family members. Our goal is to always make decisions in the best interest of the conservatee.

Trust Administration

Trusts are created for several reasons — to protect assets, dispose of an estate, and ensure that assets are used for a specific purpose, such as the continued care of a special needs or disabled individual or for tax planning.

We advise trustees to have an experienced trust administration attorney to guide them through the process. Here at Trust Experience, we know that enduring the passing of a loved one is one of the saddest and most stressful situations to go through. It is a time when you and your family should focus on grieving your loss and finding healing moments. Trust administration can feel even more complicated during such a difficult time. 

Trustees aren’t usually experts in all areas of trust administration. In fact, trust administration can be quite perplexing to most people. To carry out your fiduciary duties as a trustee, you may need assistance from an attorney. We help prevent families from struggling through conflicts during the trust administration process. We assist all heirs in understanding the terms of the trust so that we may simplify what can otherwise be a complicated situation. 

We’ll review the trust agreements and advise you of your rights. Furthermore, we make certain that all legal requirements are being complied with while helping you manage tax matters and submit essential documents. We are well versed in tax and estate planning. For that reason, we can explain how each portion of the trust operates, and what your options are. We have the answers to your legal concerns and questions. Leave the management of trust administration to us. We will walk you through trust administration every step of the way and fulfill your legal duties as a trustee.

Probate

Probate is the legal process of administering the estate of a deceased person. Estates include property, money, cars, investments, and all other assets. If there is a will, probate determines the will’s validity and assigns an executor to administer the estate to receiving heirs. However, if someone dies without a will, the court will declare who that person’s heirs are and appoints an administrator. Then, the administrator ensures the estate pays outstanding debts and distributes the person’s wealth as required by probate l

Since probate court can burden family members during a grievance period, many people use a revocable living trust to avoid their estate going through probate. However, there are circumstances when a probate proceeding is mandatory, even with a revocable living trust. Probate law is complicated—and we can help.

Frequently Asked Questions

While DIY probate is an option, it is not recommended for several reasons. A probate attorney utilizes their expertise in probate law to facilitate the administration of an estate following the passing of an individual. Moreover, their role involves ensuring that the deceased’s wishes are honored, and their beneficiaries receive their rightful inheritance, all while minimizing the burden and anxiety on those involved.

The state of California determines probate attorney fee commissions based on the estate’s total value. The statutory fees for attorneys and executors in California’s probate cases are 4% on the initial $100,000 and 3% on the subsequent $100,000. Importantly, the probate fees are the estate’s responsibility and do not require any upfront payment or obligation from the executor or administrator.

A probate attorney helps to settle an estate and assists with various tasks, including:

  • Identifying all estate assets
  • Preparing and filing all probate forms and court documents
  • Opening and managing the estate’s checking account
  • Preparing and filing all court documents
  • Determining and paying taxes, final bills, and debts
  • Collecting life insurance policy proceeds
  • Retitling assets in beneficiaries’ names
  • Transferring assets in the decedent’s name to the appropriate beneficiaries

Typically, the probate process will take about 2 years. However, an estate that has complications could take longer.

Yes. Simply having a last will & testament does not prevent the probate process. During probate, the judge establishes the will’s authenticity and validity.

You can inherit $166,250 or less and avoid probate in California.