Estate Paralegal

Probate Paralegal

Probate is a very complex area of legal practice involving various tax affairs including Affidavit re Real Property of Small Value ($55,425 or less), Petition to Determine Succession to Real Property (Estates of $166,250 or less), as well as Guardianships and Conservatorships. At Attorney Alternative, we provide many LDA paralegal services, including estate planning, family law, eviction, divorce, and more. Our experienced LDA (Legal Document Assistant) Regina Martinez, has over 16 years of experience drafting and preparing these legal documents. When it comes to the probate process, the necessary paperwork needs to be filed with the court by certain times. We understand how important these deadlines are and adhere to them, ensuring all of your paperwork is completed within the appropriate timeframe. Our LDA works closely with all of our clients to provide the necessary legal documents. And as each probate process is unique, the required paperwork can vary greatly. Attorney Alternative has the years of experience to provide you with all the legal information and documents you need and while we can’t offer you any legal advice, we are supportive and compassionate during these challenging times.

What is probate?

Probate is when the court supervises the processes that transfer property from the estate of the person who has died (the “decedent”) to his or her beneficiaries.

Usually, you have to fill out court forms and appear in court to:

• Prove to the Court that the Will is valid (this is usually routine)
• Appoint a legal representative with authority to act on behalf of the decedent
• Identify and inventory the decedent’s property, and have that property appraised
• Pay debts and taxes
• Distribute the remaining property according to the terms of the Will or to the decedent’s heirs

Estate Planning Paralegal

Estate planning is a very in-depth process that encompasses a wide variety of topics regarding the anticipation and planning of a person’s estate in the event of incapacitation or death. A properly prepared estate plan will avoid the probate process which is ideal if you don’t want the government deciding what to do with your things. Our experienced LDA at Attorney Alternative has a thorough understanding of the laws and court rules surrounding probate and estate planning. Our goal is to help your estate planning process go as smoothly as possible by providing you with all the necessary legal documents. We understand that estate planning can be emotionally difficult, and we are here to help where we can.

We are happy to provide the following legal documents at your request:

What Is Estate Planning?

Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death. A major concern for drafters of estate plans is federal and state tax law.

An estate is the total property, real and personal, owned by an individual prior to distribution through a trust or will. Real property is real estate, and personal property includes everything else, for example, cars, household items, and bank accounts. Estate planning distributes the real and personal property to an individual’s heirs.

What Are Some Estate Planning Tools?

There are two basic kinds of health care documents: the Durable Power of Attorney for Health Care, naming a trusted person to direct your health care if you are unable to do so yourself, and the Living Will, setting out the types of medical treatment you would or would not like to receive in certain situations. You can also specify who you would is authorized to direct the disposition of your remains. In California, these two documents are combined into a single form called an Advance Health Care Directive (AHCD).

What is guardianship?

Guardianship is a court proceeding in which a judge gives a responsible adult custody of a minor child, power over the child’s estate, or both. Guardianships are often handled in probate court, but if a child is a dependent of the juvenile court, only the juvenile court may appoint a legal guardian for that child. Both types are discussed briefly below, although the resources in this guide primarily address probate guardianships.

What is a conservatorship?

A probate conservatorship is a court proceeding where a judge appoints a responsible
person (called a conservator) to care for another adult who cannot care for him/herself or
his/her finances (called a conservatee). The person the Court appoints as conservator must be very responsible.

There are two kinds of conservators:

• A conservator of the person cares for and protects a person when the judge decides that the person (called the “conservatee”) can’t do it.
• A conservator of the estate handles the conservatee’s financial matters – like paying bills and collecting a person’s income – if the judge decides the conservatee can’t do it.

Information provided through this site has been taken from self-help informational publications provided by the Court or other legal sources believed to be reliable. This information is general, published, factual information and should not be cited on or relied on as legal authority, nor should it be considered legal advice. It is always recommended that you seek legal advice from an attorney before filing any legal proceedings. Many attorneys offer free consultations. I am not an attorney, I can only provide self help services at your specific direction.

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