The Benefits of Probate

Learn from an Orange County Probate Attorney

When a person dies, their estate goes through a process known as probate, which involves collecting a decedent's assets, liquidating liabilities, paying necessary taxes, and distributing assets/property to heirs. You may have heard that there are benefits to the avoidance of probate. It is true that under certain circumstances you can save your estate time and money by undertaking probate avoidance strategies.

In some situations, however, these strategies may lead to bitter conflicts between relatives and possible additional legal difficulties. In these latter situations the benefits of probate are well worth the extra expense and effort involved. To understand your options and gain proper guidance, we encourage you to reach out to an Orange County probate attorney from our firm.

Are there any benefits to my will going through the probate court?

When you contemplate using probate to distribute your assets, you have the security of knowing everything will be done as you direct. In your will, you spell out exactly how the assets are to be disposed so that all relatives are provided for. Your estate enjoys asset protection because the executor has to post a bond. You also know that your heirs will have a ready forum in the probate court should they have a grievance. You can be certain the court will not let the assets be distributed until creditors and tax authorities are paid. In fact, probate is considered a viable option for estates that have many debts that cannot be easily paid from the property left by a decedent.

Despite the benefits of probate, certain risks also exist. You may avoid probate by putting assets in a trust with directions to a trustee on the division of assets. The danger of this method is that it puts full control of your assets to one person. This control may result in resentment and conflict in the family. Should the designated person abuse the trust by a breach of fiduciary responsibility there can be criminal investigations. Should estate taxes not be paid, there may be IRS investigations.

Work with an Experienced Orange County Probate Lawyer

Our firm can work closely with you to clearly present how probate may be of benefit in your particular situation. Aware that cases vary on a unique basis, our legal team always makes the extra effort to provide you with the personalized and seasoned guidance you deserve. Should you choose to work with P. Arnsen Blakely, you can trust that our Orange County estate planning attorneys works vigilantly to ensure that your needs are met. Contact our firm to learn about the ways in which probate may benefit your estate.

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Orange County Estate Planning Attorney

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P. Arnsen Blakely
Orange County Estate Planning Attorney
1111 Bayside Drive, Suite 228,
Corona del Mar, CA 92625
Local Phone: 949.220.2492
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