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What is the best type of debt to have? Mortgages. Mortgage debt historically has been considered one of the safest forms of good debt, since your monthly payments eventually build equity in your home. Generally speaking, your monthly mortgage payment (including any PMI … private mortgage insurance) should be less than 28% of your gross monthly income. Is There a Way to Avoid probate? There are a few ways to avoid probate; that’s what I do in my practice. It is important to note that because some QTIP trusts may provide for principal distributions, they are not necessarily protected for Medicaid purposes. I am looking for an excellent probate lawyer near Potrero in San Diego, Ca. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. Julie, thank you for the fantastic review! Finding a Trust Attorney that you can trust can be a difficult task for many. We’re glad that your Trust plan is now in place to protect your family. We’re honored and delighted to be your go-to Trust Attorney to get you pointed in the right direction for any of your needs. Feel free to reach out anytime!. For example, some people do not want it known that they own property in Trust. In these circumstances, the trustees will form a partnership to hold title to the property. What bankruptcy clears all debt? Chapter 7 bankruptcy is a legal debt relief tool. If you’ve fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt. What is considered a small estate in California? What Is Considered A Small Estate In California? As of January 1, 2020 the answer is: $166,250 or less. The old amount of assets to be considered a small estate in California was $150,000. $166,250 is also the new limit for small estate affidavits under California probate code section 13100. Are family trusts worth it? Family trusts can also be useful in probate if you want to avoid probate for your family. So transferring assets to a family trust can make life much easier for your family in this way. You can use a family trust to insulate assets from creditors in the event that you’re sued. Your Living Trust outlines whom you’d like to receive your property after your death and who should manage the distribution of that property.

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It’s important to note that attempts to contest a will that the deceased has signed and properly written rarely succeed. Like a Trust-Based Estate Plan with Trust & Will, a comprehensive estate plan includes everything you need to protect your assets and loved ones, both in life and after death. But when the Trustee of a Revocable Trust dies, it is up to their Successor to settle their loved one’s affairs and close the Trust. Can you sell your house if it’s in a trust? When selling a house in a trust, you have two options … you can either have the trustee perform the sale of the home, and the proceeds will become part of the trust, or the trustee can transfer the title of the property to your name, and you can sell the property as you would your own home. How do I know if I qualify for Chapter 7? The average of your monthly income in the previous six months must be lower than the median income for the same-sized household in your state; otherwise, you must pass what’s known as a means test. You can’t have filed for Chapter 7 bankruptcy in the previous eight years. However, the probate laws do have various requirements depending on how it is made. What is the purpose of an estate plan? An estate plan is a collection of documents that protects your assets and personal property (your estate) and explains how you want to pass them down. It documents your wishes and specifies exactly who will guard those wishes and act on them in your absence. Can credit repair remove bankruptcies? Credit repair companies are highly experienced at disputing negative items on your credit reports. They specialize in getting bankruptcies deleted from your credit report. They also work to remove other negative information included in the bankruptcy, like charge-offs and collections. Will executor responsibilities to beneficiaries? The main duty of an Executor is to administer the estate and distribute the deceased’s assets as per the deceased’s Will. Executors sometimes think it is fine to ignore bequests they disagree with and distribute on what they believe the deceased would have wanted. probate proceedings are traditionally focused on the existence of a will. With a will, if the person to inherit property is a minor, the probate court must name a conservator to manage the money until the minor reaches 18. I am looking for an ideal charitable trust attorney. Yes, Steve Bliss with The Law Firm Of Steven F. Bliss Esq. in San Diego offers the legal services with an achievable charitable trust attorney. Very professional and straight to the point. Steve helped us setup our Family Trust and managed our expectations very well. A seasoned lawyer in the arena of probate and Trust Administration. For these reasons I recommend Steve Bliss and The Law Firm Of Steven F. Bliss Esq. in San Diego as your next probate attorney. I am looking for an excellent probate lawyer near Live Oak Springs in San Diego, Ca. Steven F. Bliss Esq. is the probate attorney in San Diego, he is by far the best for all things estate law related. Steve did an excellent job on our living trust. Very knowledgeable and answered all our questions. Your death benefits wouldn’t be part of your estate by transferring over your life insurance policy. Essentially, the executor will act as an extension of you and your wishes, but from a legal standpoint.

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What happens to an estate when someone dies? Estate administration is the process that occurs after a person dies. During this process, the decedent’s probate assets are collected, creditors are paid, and then the remaining assets are distributed to the decedent’s beneficiaries in accordance with the decedent’s will. The notice may be mailed, but not by the Petitioner – it must be mailed by any other adult who is not a party to the case. You can designate anyone at least 37 … years younger than you as the beneficiary of a generation-skipping trust. Such wills are valid in California under exceptional circumstances. Can my bank account be garnished? If a debt collector has a court judgment, then it may be able to garnish your bank account or wages. Certain debts owed to the government may also result in garnishment, even without a judgment. In general, individual states may have their rulings on a statute of limitations for processing a will through probate. This must, however, be done by the person who created the will. Can you be chased for debt after 10 years? If you do not pay the debt at all, the law sets a limit on how long a debt collector can chase you. If you do not make any payment to your creditor for six years or acknowledge the debt in writing then the debt becomes ‘statute barred’. This means that your creditors cannot legally pursue the debt through the courts. I am looking for an ideal trust administration attorneys. Yes, Steve Bliss with The Law Firm Of Steven F. Bliss Esq. in San Diego offers the legal services with an achievable trust administration attorneys. Thanks Steve- Steve thoughtfully and informatively went through setting up a trust and estate plan with myself and my wife. Great Experience. For these reasons I recommend Steve Bliss and The Law Firm Of Steven F. Bliss Esq. in San Diego as your next lawyer probate. The decedent’s lawyer might have kept a copy if he had drafted the document.

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Can a nursing home get money from an irrevocable trust? Can a nursing home take all your assets? A living trust can protect assets from a nursing home only if the trust is irrevocable. An irrevocable trust can provide asset protection because with this type of trust, the grantor … the trust creator … doesn’t own assets in the trust from a legal standpoint. Do you have to pay taxes on money inherited from a trust? Trust beneficiaries must pay taxes on income and other distributions that they receive from the trust. Trust beneficiaries don’t have to pay taxes on returned principal from the trust’s assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements. I am looking for an ideal living trust lawyers. Yes, Steve Bliss with The Law Firm Of Steven F. Bliss Esq. in San Diego offers the legal services with an achievable living trust lawyers. I called all the top attorneys on google and when I spoke with Mr. Bliss on the phone I knew he was my guy. He was super professional and knowledgeable on the phone and seemed to really care about me and my family, unlike all the other attorneys I spoke with. When we met and hired him to help my family the entire process was seamless and fast. He made us very comfortable through our hard times. Thanks Steve. We will refer you to anyone in need of your services. For these reasons I recommend Steve Bliss and The Law Firm Of Steven F. Bliss Esq. in San Diego as your next probate attorney. Specific strategies may be employed to avoid the generation-skipping transfer tax as well. All valid debts must be paid before other distributions can be made. The executor needs formal authority to spend money from the estate and otherwise manage affairs to effectively complete the task. Does Chapter 13 trustee check your bank account? Chapter 13 Bankruptcy The trustee may conduct periodic reviews of your finances, including your business and personal bank accounts, to ensure you have sufficient cash to continue making payments as normal. Who needs an estate plan? If you want your assets and your loved ones protected when you can no longer do it, you will need an estate plan. Without one your heirs could face big tax burdens and the courts could designate how your assets are divided…and even who gets to raise your children. That’s what revocable means. This is a legal document that you can change as your life changes. Your friends had few other assets. Since the estate is small, it’s likely exempt from probate. I am looking for an ideal living trust lawyer. Yes, Steve Bliss with The Law Firm Of Steven F. Bliss Esq. in San Diego offers the legal services with an achievable living trust lawyer. We just finished our consultation with Steven & I couldn’t be more impressed with his down to earth demeanor and invaluable insights he provided for our situation. He skillfully guided our visit to a direction not in his best interests but ours and for that I’ll be forever grateful. I’ll be calling Steven for all my probate needs and I’d recommend everyone call him first and beware some others trying to hawk complicated vehicles when simpler tried & true planning techniques exist. Thank you, Mr. Bliss, For these reasons I recommend Steve Bliss and The Law Firm Of Steven F. Bliss Esq. in San Diego as your next probate attorney.

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Why everyone needs an estate plan? There are generally two main reasons why people put together an estate plan to protect their beneficiaries: To protect minor beneficiaries, or to protect adult beneficiaries from bad decisions, outside influences, creditor problems, and divorcing spouses. That’s what happens when parents die without a legal guardian ready to step in. It’s best to do this sooner rather than later, however. If you die within three years of making the transfer, your life insurance proceeds would still be considered part of your taxable estate. California has one of the most detailed schemes, which provides that the executor fee is four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent on the next $9 million, one-half of one percent on the next $15 million, and a “reasonable amount” for estates above $25 million. What assets are part of an estate? An estate is the economic valuation of all the investments, assets, and interests of an individual. The estate includes a person’s belongings, physical and intangible assets, land and real estate, investments, collectibles, and furnishings. A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries. I am looking for an ideal trust attorney. Yes, Steve Bliss with The Law Firm Of Steven F. Bliss Esq. in San Diego offers the legal services with an achievable trust attorney. I am so thankful for Steven Bliss and his work ethic, I was treated with respect through out the entire process. Steven Bliss kept me informed during every step of the process, I never had to chase him down. My calls were all answered and he always made me feel like his only client. I would refer him to my closest friends and family with trust. For these reasons I recommend Steve Bliss and The Law Firm Of Steven F. Bliss Esq. in San Diego as your next lawyer probate. An intestate estate is also where the Will presented to the court has been deemed invalid. However, the Executor can petition the court for authorization to receive a higher amount than the amount specified in the Will, and in such instances, “if the court determines that it is to the advantage of the estate and in the best interest of the persons interested in the estate,” under California probate Code … 10802(d), the court may authorize the Executor to receive a more significant amount “than the amount provided in the will.”.