• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • Areas We Serve
      • Riverside County
        • Banning
        • Corona
        • Eastvale
        • Hemet
        • Menifee
        • Moreno Valley
        • Murrieta
        • Norco
        • Perris
        • Sun City
      • San Bernardino County
      • Orange County
      • Los Angeles County
      • San Diego County
    • Attorney and Staff Profiles
    • Our Reviews
    • Review Us
  • Elder Law
    • Conservatorships
    • Crisis Planning
    • Estate Planning for the Elderly and Chronically Ill
    • Planning for Long Term Medi-Cal
    • Planning for Veteran’s Aid and Attendance
  • Estate Planning
    • Advanced Estate Planning
      • Asset Protection Lawyer
      • Business Succession Planning
      • California Gun Trust
      • Charitable Planning & Philanthropy
      • Trustee Services
    • Estate Planning Service
    • LGBTQ+ Estate Planning
    • Married Couples Estate Planning
    • Persons with Large Retirement Accounts
    • Pet Planning
    • Special Needs Children
    • Special Needs Trusts
    • Trust Administration
    • Unmarried Couples Estate Planning
    • Unmarried Individuals Estate Planning
  • Probate
  • Will & Trust Contests
    • Conservatorship Contests
    • Probate Litigation
    • Tax Controversy and Tax Planning
    • Trust Litigation
    • Will Contests
  • Resources
    • Riverside, California Elder Law Resources
    • Docubank
    • Downloadable Handbooks
    • Elder Law
      • Elder Law Resources
    • Estate Planning, Elder Law and Tax Law Articles
    • Free Report – Able Account or Special Needs Trust
    • Free Report -Constructing Your Revocable Trust
    • Probate and Trust Administration
      • Bereavement Resources
    • Speaking Engagements
    • Useful Estate Planning, Elder Law and Tax Links
    • Webinars
  • Ask Dennis
  • Webinars
    • Webinar Recordings
    • Upcoming Webinars
  • Blog
  • Contact Us

Inland Empire Estate Planning Attorneys

Sandoval Legacy Group, a division of Holstrom, Block & Parke, a Professional Law Corporation

Connect with us today(855) 513-9876

Text Size A A A
LIVE WEBINARS REGISTER TODAY>>
Home » Riverside Probate Lawyers Explain Options

Riverside Probate Lawyers Explain Options

April 17, 2018Estate Planning, Incapacity Planning, Probate, Trusts, Will

Many people assume that a last will is the only logical way to facilitate asset transfers if you are not very wealthy. They are aware of the existence of trusts, but they are under the impression that trusts are only used by millionaires who have very complicated estates. The lawyers at our estate planning law firm hear this all the time. We find that their clients are quite surprised when all of the facts are explained to them.

When you create a Will, you name an executor to administer the estate after you are gone. If the decedent died in the Inland Empire, this individual is under supervision of the Probate Court of either Riverside or San Bernardino County . Under the laws of the state of California, the Will would be admitted to probate. The public would be notified about the passing of the decedent, and the court would determine whether or not the executor that is named in the document should be empowered.

Assuming there are no objection to the appointment of the executor by the court or others, the executor will receive Letters Testamentary, the official document that gives the executor power over the decedent’s assets. The executor is then responsible for identifying and inventorying all the assets of the estate. This can take time. Creditors must be identified and paid before assets can be distributed. The fastest a probate can be closed in the Riverside and San Bernardino Courts is about eight months to a year. Many probate take a longer time. Generally, no distributions to beneficiaries until after these steps have been completed.

Probate can be expensive. There are court filing fees and other costs, publication  costs, executor commissions, legal fees paid to probate lawyers, appraisal costs, and other miscellaneous expenses. All of his red ink reduces the amount of the distributions the beneficiaries will receive.

There is also the matter of privacy lost. When someone famous passes away, you may read details in the media about the way that their estate was handled. This is because of the fact that probate records are available to the general public, so anyone that is interested can go to the Probate Court and access the probate file. Information about the assets and beneficiaries of the estate are a part of that file.

Viable Alternatives

You do not have to use a Will as the primary component of your estate plan. There are some basic asset transfer methods that would facilitate probate avoidance, including joint tenancy. For example, if you were to add a co-owner or joint tenant to your deed, this individual would inherit the entirety of the property after your passing outside of probate.

These methods sound effective on the surface, but they are quite risky on a number of different levels. For example, with joint tenancy, the person that you name as the co-owner of the property would own that portion while you are still alive. If the joint tenant runs into to financial difficulties and has a creditor or the IRS pursuing them, the joint tenancy account you have with them is vulnerable. The joint tenant may also declare bankruptcy and the bankruptcy trustee may pursue the assets in your joint tenancy account.

For a very significant percentage of people, a revocable living trust will be the ideal alternative to a last Will. When you create this type of trust, you  can serve as the trustee while you are alive and fully capable of making sound decisions. The trustee is the administrator of the trust. You are also the designated beneficiary while you are alive, so the assets can only be used for your benefit. Finally, because the trust is revocable, you can always take your assets back and title them in your own name.

Since the whole point is to facilitate future asset transfers to your loved ones after you are gone, you name a successor trustee to take over management of the trust after your passing. Your also designate the beneficiary or beneficiaries who will receive the trust assets. The asset transfers that will ultimately take place will not be subject to the probate process.

First, a trust can be used to facilitate the management of your assets by a trusted individual should you become incapacitated.  Second, distributions from the trust can be structured to protect your beneficiaries. For instance, if you have a special needs child, the share of your trust designated to go to him or her can be structured as a Special Needs Trust. This will allow your beneficiary to receive his or her inheritance without losing his or her government assistance. If your have a minor beneficiary, the inheritance can be held until the minor achieves a certain age or perhaps achieves certain life goals like obtaining a Bachelors Degree. If the beneficiary has an alcohol, drug or gambling addiction, his or her share can be structured so he or she does not get immediate access to the inheritance and it can even include incentives for the beneficiary to seek assistance with the addiction.

Schedule a Consultation Today!

As you can see, there are many alternatives. Toy can schedule a consultation with one of our attorneys at our Riverside office by giving us a call at  951-888-1460 or requesting a consultation here.

Have a question? Ask Dennis.









  • Upon form submission, you express your agreement to receive future correspondence from Protect Your Wealth, a division of Holstrom, Block & Parke, APLC. You may unsubscribe at any time.







  • Author
  • Recent Posts
Dennis Sandoval
Dennis Sandoval
Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.
Dennis Sandoval
Latest posts by Dennis Sandoval (see all)
  • Questions to Ask an Elder Care Attorney - May 10, 2023
  • 5 Reasons to Hire a Lawyer to Help You Probate an Estate - June 23, 2021
  • How Do I Become My Father’s Guardian? - June 26, 2020

Other Articles You May Find Useful

What It Means To Die Intestate
6 Steps To Consider for Early Retirement
Southern California Estate Planning Attorneys
Can You Claim the Credit for Other Dependents?
Southern California Estate Planning Attorneys
A Guide To Finding A Caregiver
Living Trusts: What Are They?
Southern California Estate Planning Attorneys
7 Steps To Prepare for Retirement

About Dennis Sandoval

Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.

VIEW RECORDED WEBINARS

“How To Create a Peace of Mind Out of Chaos” Recorded Wednesday, September 16 @ 11AM WATCH NOW

Inland Empire Estate Planning Attorney

Inland Empire Estate Planning Attorney

BLOG SUBSCRIPTION

  • Upon form submission, you express your agreement to receive future correspondence from Protect Your Wealth, a division of Holstrom, Block & Parke, APLC. You may unsubscribe at any time.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • YouTube

Where We Are

Sandoval Legacy Group, A Professional Law Corporation

See Larger Map Get Directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM

Friday by appointment only

Map

4300 Latham St., Riverside, CA 92501
SLG Riverside Office | 4300 Latham St., Riverside, CA 92501  •  Corona | 1897 California Ave., Ste. 102, Corona, CA 92881  •  Newport Beach | 4940 Campus Dr., Ste. A, Newport Beach, CA 92660  •  Temecula | 40810 County Center Drive, Ste. 150, Temecula, CA 92591  •  Riverside | 3780 12th Street, Riverside, CA 92501  •  San Diego | 3110 Camino Del Rio S., Ste. 308, San Diego, CA 92108  •  Vista | 380 S. Melrose Dr., Ste. 347, Vista, CA 92083

  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect To Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
footer-logo

© 2023 Sandoval Legacy Group
A division of Holstrom, Block & Parke,
A Professional Law Corporation.
All Rights Reserved.