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Fundamentals of Estate Planning

Guide To Passing On Your Assets & Values Legally & Efficiently

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San Diego Estate Planing Law


Steve Bliss The Law Firm of Steven F. Bliss Esq. has been decidedly focused on Estate Planning and Probate. Attorney Steve Bliss believes that no one should be forced to expose their family wealth and misfortunes in the PROBATE courts. Notwithstanding, proper estate planning is the solution.
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Steps Of The Probate Process

1

You will need to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you will need to file a valid will, if one exists, and the death certificate. Then the court will schedule a hearing to approve the executor (or hear objections from other parties). If you’re approved as executor, the court will officially open the probate case and you will now be able to act on behalf of the deceased’s estate.

2

Notice must be given by first class mail or by personally delivering a copy to each person or entity at least 15 days prior to the hearing. Each person should receive a copy of the "Notice of Petition to Administer Estate" showing the hearing date information. It is also recommended (but not required) that each person be sent a copy of the Petition for Probate with all attachments. Check to make sure that all of the persons and entitles listed on Attachment 8 of the Petition for Probate have been given notice. If additional space is needed, attach a separate page. File the signed Proof of Service by Mail with the court.

3

Collect, inventory and appraise all assets that are subject to probate and present them to the court, such as:

Bank accounts.

Retirement accounts.

Stocks and bonds.

Real estate.

Personal effects.

4

Collect money owed to the estate, such as outstanding paychecks and rents. Also review any outstanding bills and debts and decide whether/how they must be paid. This may require some sleuthing on your part. You might need to go through checkbooks, emails and/or bank account to gather information. You'll need to ensure the estate's assets can cover all debts before paying them. If not, the state will prioritize creditor claims.
You'll also need to pay all applicable taxes, as well as file a final income tax return on the estate. It is usually a good idea to set up an estate account for paying the estate's final bills and expenses.

5

With all claims, debts and expenses paid, you'll give the remaining property to the rightful heirs and/or as the will directs. Some assets are distributed to heirs by the court (probate assets) and some assets bypass the court process and go directly to your beneficiaries (non-probate assets). In the case of a small estate, or if the decedent left his assets in trusts or gifted them prior to his death, probate may not be necessary. Probate laws can vary from state to state.

6

Once everything has been distributed, you will submit receipts and records of everything to the court and then ask for the estate to be closed and to be released from the role of executor.

7

You will need to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you will need to file a valid will, if one exists, and the death certificate. Then the court will schedule a hearing to approve the executor (or hear objections from other parties). If you’re approved as executor, the court will officially open the probate case and you will now be able to act on behalf of the deceased’s estate.

8

Notice must be given by first class mail or by personally delivering a copy to each person or entity at least 15 days prior to the hearing. Each person should receive a copy of the "Notice of Petition to Administer Estate" showing the hearing date information. It is also recommended (but not required) that each person be sent a copy of the Petition for Probate with all attachments. Check to make sure that all of the persons and entitles listed on Attachment 8 of the Petition for Probate have been given notice. If additional space is needed, attach a separate page. File the signed Proof of Service by Mail with the court.

9

Collect, inventory and appraise all assets that are subject to probate and present them to the court, such as:

Bank accounts.

Retirement accounts.

Stocks and bonds.

Real estate.

Personal effects.

10

Collect money owed to the estate, such as outstanding paychecks and rents. Also review any outstanding bills and debts and decide whether/how they must be paid. This may require some sleuthing on your part. You might need to go through checkbooks, emails and/or bank account to gather information. You'll need to ensure the estate's assets can cover all debts before paying them. If not, the state will prioritize creditor claims.
You'll also need to pay all applicable taxes, as well as file a final income tax return on the estate. It is usually a good idea to set up an estate account for paying the estate's final bills and expenses.

11

With all claims, debts and expenses paid, you'll give the remaining property to the rightful heirs and/or as the will directs. Some assets are distributed to heirs by the court (probate assets) and some assets bypass the court process and go directly to your beneficiaries (non-probate assets). In the case of a small estate, or if the decedent left his assets in trusts or gifted them prior to his death, probate may not be necessary. Probate laws can vary from state to state.

12

Once everything has been distributed, you will submit receipts and records of everything to the court and then ask for the estate to be closed and to be released from the role of executor.

5-Star-Yelp-Rated-Attorney-Steve-Bliss

Yelp Reviews

This is the first 5 star review I’ve given and I don’t hand out 5 stars like its candy on Halloween but Steven Bliss EARNED this review. He is honest, trustworthy, direct….THANK YOU SO MUCH!!!

Google-Reviews

Google Reviews

I just happen to have the greatest experience working with Steve Bliss in San Diego! Top notch wills and estate planning attorney!We have used Steve Bliss many times since 2009…

The Estate Planning Attorney That Fights for Your Rights

The Law Firm of Steven F. Bliss has expertly managed the Estate Planning, probate, trust, bankruptcy and business management legal needs of clients across San Diego and Riverside Counties for over 30 years.

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Helping Families Like Yours with Estate Planning & Probate Law Since 1991

When you are appointed the representative of an estate in probate, choosing the right attorney to administer the estate is an extremely important task.

With a wide range of responsibilities including debt payments, property cataloging, income gathering and much more, Steve Bliss is able to guide, assist and advise through the entire process.

Our number one priority is to ensure that your estate is undertaken properly and in a timely manner, reducing the your stress and providing beneficiaries with their assets.

The Leading Estate Planning and Probate Attorney in Temecula and San Diego

Experience You Can Count On

If you are looking for an experienced, knowledgeable and professional attorney that has decades of offering courteous service in the field of probate law, then Steve Bliss is the exactly who you need.

Talented in Transaction Probate proceedings, Steve effectively administrates the probate proceedings after your loved one has passed away. With a comfortable yet meticulous approach, Steve probates the will and settles the estate according to his extensive training in California Probate Law.

A Variety of California Legal Services

To meet the needs of all clients, we offer several legal related to estates.

Estate Planning Lawyer

We help create a strategic plan for the management and distribution of your assets in the event of your death, as well as your wishes of personal care if you become incapacitated.

Living Trust Lawyer

This estate planning tool can be incredibly useful to help distribute property and assets to your family while avoiding any costs or delays of probate.

Free initial consultation provided at this office location

The Law Firm of Steven F. Bliss, Esq. has been decidedly focused on Estate Planning which entails Probate, living trust as well as trust administration.  Furthermore, if you desire to avoid probate for your family, then I urge you to consider developing a solid estate plan with an appropriate last will and testament.  Consequently, your initial consultation will always be complimentary and my attorney fees are extremely competitive. In addition to tremendous service, I have offices located in San DiegoRancho Bernardo, San Marcos, and Temecula.

We even offer home appointments when the situation necessitates.

3914 Murphy Canyon Rd.Suite A202
San Diego, CA 92123

Map and Driving Directions

Ph: (858) 278-2800
Fax: (858) 268-8664

The Estate Planning Process:
Estate planning is the process of anticipating and arranging, during a person’s life, for the management and disposal of that person’s estate during the person’s life and at and after death, while minimizing gift, estate, generation skipping transfer, and income tax.

Free Initial Consultation With Steven F. Bliss Esq.

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Five Star Review with Google

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