Probate vs. trust: which is right for your estate?
Comparing the Pros and Cons of Probate and Trusts for Your Estate Planning Needs Estate planning is an important part of ensuring that your assets
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Laguna Legal provides probate services in Dana Point, including the filing of necessary paperwork and serving of interested parties. We are not Dana Point probate lawyers meaning you will save thousands in lawyer fees. You will need to represent yourself in probate court, which is not difficult when all your documents are in order.
Located in Orange County, Dana Point is a California city with a population of just over 33,000 people (as of 2020). The area is named for author and surfer Richard Henry Dana, Jr. Dana Point is known for it’s harbor, surfing, and beautiful high bluffs.
The Dana Point probate process typically takes one year to complete. Our office will prepare and file the Petition for Probate, notify all heirs, arrange the required publication, work with your probate referee and finalize the process by filing a final accounting with the court. Any real estate can typically be sold within 3-4 months of filing the initial petition.
You can avoid probate in Dana Point by setting up a Living Trust. Laguna Legal can help you prepare and retitle your real estate in the name of your trust to avoid probate. We charge a flat fee of $950 for a complete estate plan for a single person. A complete estate plan includes the following important documents: Revocable Living Trust, Certification of Trust, Pour-Over Will, Durable Power of Attorney, and Healthcare Directive.
Assets can be distributed to heirs through a legal procedure called “Probate” whether someone dies testate—with a will—or intestate. If your loved one leaves behind real estate (regardless of value) or other assets worth more than $166,250 that are not listed in a living trust, you must file for probate in order for the Dana Point probate court to determine how those assets should be distributed.
If you have assets like real estate (regardless of value), bank accounts, and investment accounts worth more than $166,250, Dana Point, California probate is necessary. A Small Estate Affidavit can usually be used to unlock bank accounts with a value under $166,250. If necessary, Laguna Legal can assist you in creating a Little Estate Affidavit, or we can assist you in creating and submitting a full probate. You would need to represent yourself at the requisite hearings since Laguna Legal is only a legal document service and not an attorney, but we can assist you with the creation and submission of all the necessary court paperwork.
You must file for probate in order for the court to order the distribution of any real estate (regardless of value) or other assets valued at more than $166,250 that belong to a deceased loved one but are not held in a living trust. If you don’t apply for probate in Dana Point, the assets could be taken by the government or foreclosed upon if there is a loan or tax lien.
Normally, the Dana Point probate procedure takes a full year to complete. Our office will work with your probate referee to prepare and file the Petition for Probate, contact all heirs, set up the necessary publication, and complete the process by submitting a final accounting to the court. After submitting the initial petition, any real estate can normally be sold within 3–4 months.
Real estate (regardless of value), bank accounts, and investment accounts with a value greater than $166,250 are assets in Dana Point that must go through the probate process. A Small Estate Affidavit can usually be used to unlock bank accounts with a value under $166,250. If necessary, Laguna Legal can assist you in creating a Little Estate Affidavit, or we can assist you in creating and submitting a full probate. You would need to represent yourself at the requisite hearings since Laguna Legal is only a legal document service and not an attorney, but we can assist you with the creation and submission of all the necessary court paperwork.
Learn more about how we can help you to prepare and file the necessary probate paperwork, as well as notify interested parties.
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We will prepare and file all necessary paperwork and serve all parties. The entire process can be discussed in a Consultation prior to engaging our services.
Save your loved ones the cost, stress and delay of going through the legal process. Learn more about how we can help you with your Living Trust.
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We are experts at preparing accommodation deeds in all California counties as well as out of state. We have built successful relationships with many escrow companies.
We are experts at preparing accommodation deeds in all California counties as well as out of state. We have built successful relationships with many escrow companies.
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About Us
We’ve been providing Southern California with Excellent Legal Document and Divorce Mediation services since 1998.
We service the following counties: Orange, Los Angeles, San Bernardino, Riverside, San Diego, San Luis Obispo, Kern, Santa Barbara, Ventura and Imperial.
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Address:
Laguna Legal Headquarters
24800 Chrisanta Drive, Suite 200
Mission Viejo, CA 92691
Phone:
800-497-9850
Fax:
949-497-9877
Email:
team@lagunalegalhelp.com
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Bonded and Certified Legal Document Assistant, LDA #267. We are not attorneys and cannot give legal advice. A Legal Document Assistant provides only self help service to a member of the public who is representing him/her self in a legal matter. We are, however, very experienced and knowledgeable in preparation of living trusts, deeds and other legal documents including divorce mediation. We work closely with several attorneys who can give you the legal advice you need.
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