San Bernardino Probate Lawyer

Probate Attorney in San Bernardino

San Bernardino Probate Lawyer

Call Us Today 949.749.5393

Irvine Concourse 2050 Main Street,
Sixth Floor, Suite 600, Irvine, CA 92614

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Losing a loved one is incredibly devastating, and this experience is made even more difficult when you are faced with administering their estate. If they did not develop a comprehensive, legally enforceable estate plan before passing away, your family must undergo probate, which is a court-supervised process. Throughout the process, a San Bernardino probate lawyer can provide trusted support and guidance.

Because probate involves complex legal issues, it is often difficult for the average person to navigate and takes a significant amount of time and expense to conclude. The only way to ensure you can successfully and efficiently handle the probate process is by hiring a Riverside probate lawyer to guide you and ensure you are prepared for any complications that may arise.

Why You Should Trust Quinn & Dworakowski, LLP

If you are looking for trusted support and guidance throughout your probate case, Quinn & Dworakowski, LLP, is here to help. Our lawyers bring more than 150 years of combined legal experience, and we have earned the highest rating by Avvo and numerous awards from local and national publications for the high-quality services we provide.

When you work with our law firm, you gain the trusted support of advocates who care about your case and protecting your rights and interests at every step.

When Is Probate Necessary?

There are many options for end-of-life planning, but few people understand them or how they may benefit. A will comprises the most basic estate planning document, but it is rarely sufficient to cover all the issues a family can confront when they lose a loved one.

When your loved one creates a comprehensive, legally enforceable estate plan, this ensures that their assets will be managed, preserved, and distributed after death according to their specific wishes and instructions.

Failure to create an estate plan makes it necessary for your family to undergo probate to carry out the terms of your will and transfer assets to beneficiaries. The probate process is often confusing and overwhelming to navigate, especially if you are already dealing with the tragedy of losing your loved one.

What Does a Probate Attorney Do for You?

While it is possible to manage probate proceedings on your own, this approach is only recommended in cases with tiny, simple estates that do not involve complex legal issues. A Riverside probate lawyer can help a personal representative with the following tasks:

• Preparing and filing legal documents necessary for administering the estate.
• Creating an inventory of the assets and property within the estate.
• Appraising the value of these assets and property based on fair market value.
• Calculating outstanding debts by evaluating bills, files, account statements, and other financial documentation.
• Notifying creditors that they are entitled to file claims for debts against the estate.
• Paying debts, mortgages, utilities, and other financial obligations.
• Selling assets and using the proceeds to cover these obligations if the estate does not include sufficient funding.
• Collecting proceeds from insurance policies, retirement accounts, and other assets.
• Filing income tax returns on behalf of the estate.
• Determining whether the estate owes a federal estate tax.
• Notifying the beneficiaries of their interest in the estate.
• Transferring the appropriate assets to the named beneficiaries.
• Resolving disputes between beneficiaries.

What Is the Normal Fee for a Probate Lawyer?

The fee for representation by a Riverside probate lawyer depends on various factors specific to the case, including the total value of the estate, the complexity of the asset distribution, and the length of time it takes to conclude probate proceedings.

Many probate attorneys in California follow a sliding scale of percentages developed by the state, in which the estate’s value determines the attorney’s statutory fee. The Probate Code stipulates that an attorney may charge:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9 million
• 5% of the next $15 million

In cases with particularly large estates valued larger than $25 million, the probate court calculates a reasonable amount that the attorney may charge for their services.

How a Lawyer Can Help

A Riverside probate lawyer can choose to follow the guidelines above, charge a flat fee, or bill clients hourly. If they charge by the hour, the cost of retaining their services will increase with the amount of time they must dedicate to resolving the case.

Before signing any agreement with an attorney, ask them about their billing policies, their expectation for how long the case may take, and if they can offer an estimate for what you will pay after the probate process has reached a successful conclusion.

Should I Hire a Lawyer for Probate?

In cases where your loved one’s estate is valued at under $150,000, or they created a detailed estate plan, you may face a simplified probate process or possibly be able to avoid probate altogether. However, an estate can be more complex than it initially appears, and administering the estate according to the decedent’s wishes and state law tends to be confusing, frustrating, and overwhelming.

When an estate is particularly valuable and involves complex legal issues, probate can be unavoidable and virtually impossible for the average person to manage without experienced legal counsel. A Riverside probate lawyer can ensure you understand your responsibilities, help with properly administering the estate, and resolve any disputes that may arise.

If any of the circumstances below apply to your case, you should hire a probate lawyer for legal representation:

• A beneficiary has contested the will or is planning to do so. A will contest can substantially complicate and lengthen the probate process and put beneficiaries at risk for losing the assets and property the decedent intended for them to receive. An attorney can help you resolve this issue or represent you in court if litigation becomes necessary.
• The estate includes split assets that must be divided and transferred to other parties. When the interests of another party are involved, dividing and distributing assets fairly can be difficult. It may quickly become contentious if the other party feels that they are not receiving what they are rightfully owed.
• The decedent has a significant amount of debt owed to multiple creditors. An attorney will help you identify and pay off any outstanding financial obligations against the estate and negotiate with creditors to reduce these debts as much as possible, and ensure the beneficiaries receive the maximum amount possible from the estate.
• The value of the estate is insufficient to cover outstanding debts against the estate. When this occurs, an attorney can help you inventory and appraise estate assets and sell them so the proceeds can be used to resolve these debts.
• The estate is valued at over $11.7 million, making it large enough that you must pay federal estate taxes on the assets. If the decedent owes federal estate taxes, an attorney can explain how estate taxes are determined and help you pay them promptly.
• The estate includes a business. An attorney can help you appraise, manage, and sell the company to recover the proceeds and transfer them to beneficiaries.

What Questions Should I Ask a Probate Attorney?

Hiring the right Riverside probate lawyer involves researching and interviewing specific attorneys to ensure they are the right fit for your case. During these interviews, you should ask the following questions:

• How many probate cases have you handled?
• Do you manage cases personally or enlist assistance from paralegals?
• How do you typically communicate with clients?
• Can I expect regular updates concerning the progress of my case?
• How do you charge clients for your services?
• Do you offer limited representation to reduce the cost of your services?
• Have you handled cases similar to mine?
• If so, what was the outcome of the case?
• How long do you anticipate the probate process to take?
• What can I expect during this process?
• What potential issues do you predict may arise during the process?
• How do you respond to disputes among beneficiaries?
• Are you willing to pursue litigation to resolve disputes?
• If it is necessary to prepare estate tax returns, will you take care of this?

Why You Should Hire a Probate Lawyer

With 63,609 probate case filings in 2024 alone, the San Bernardino Justice Center at 247 West Third Street in San Bernardino, and other courts throughout California can be busy and unforgiving venues. When you hire a probate lawyer, you are taking decisive action to protect your interests throughout your probate case.

California’s probate laws require strict adherence to filing deadlines and rules. A San Bernardino probate attorney understands these requirements and how to navigate your case with a focus on protecting what matters most.

FAQs

Q: Can Property Be Transferred Without Probate in California?

A: Multiple types of assets can be transferred without probate in California. For example, a spouse may inherit a home directly when it is community property and the spouse has rights of survivorship. In a market with an average home value of $479,861, this can be of significant relief for surviving spouses. Anything tied to a trust may also be transferred automatically.

Q: What Happens to a Bank Account When Someone Dies?

A: What happens to someone’s bank account after death depends on whether that bank account is jointly or solely owned. If the bank account is only in the name of the deceased party, the bank may freeze the assets until the court appoints a representative and authorizes them to settle the estate.

Q: What Types of Assets Can Be Difficult to Inherit?

A: Assets and properties that are not included in a trust or are solely owned by the deceased party can be difficult to inherit. Importantly, any asset can be difficult to inherit without a will. A shocking two-thirds of Americans do not have an estate plan. Homes, cars, bank accounts, and properties that do not automatically transfer would likely have to go through probate.

Q: What Is the Deadline to File Claims or Actions Related to an Estate?

A: In California probate cases, several deadlines can apply. For example, a person who has custody of a decedent’s will generally must file it with the court within 30 days of learning of the death. Creditors also face strict timelines after probate begins and notice is given. Claims or legal actions raised after required deadlines, including challenges made late in the process, can be barred once the court approves final distribution.

Contact the Trusted Probate Attorneys at Quinn & Dworakowski, LLP, Today

At Quinn & Dworakowski, LLP, our dedicated team of probate lawyers can help you plan for the future or navigate the complexities of a probate case. Whether you live in Verdemont, Wildwood Park, or elsewhere in San Bernardino, we’re here to help. Contact our dedicated team or probate attorneys today to secure the high-quality legal representation that your case deserves.

Client Testimonials

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“I cannot say enough superlatives about the lawyers at Quinn & Dworakowski. David Dworakowski is a gifted trial attorney. I was amazed at his skill in my trial and he ran circles around my ex husband’s lawyer. If you are looking for a tenacious attorney who cares only about his client this guy is the attorney for you!
Thank you Quinn and Dworakowski.”
— Aria P.

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“High praise for Quinn 5 stars+++
We have been working with Quinn for the past year and he is outstanding! All of our questions have been answered all of our Issues have been Resolved in our favor! I was referred to Quinn by an acquaintance and I am grateful to her forever! He is understanding, kind, wise, a great communicator, and most importantly got my family everything we asked for and more! We are thrilled with the results working with him and his firm. I strongly recommend hiring Quinn and his firm to represent you if you want success, expert counsel and someone you can trust.”
— Sandy L

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Quinn & Dworakowski, LLP – Anaheim Hills, CA Office

Irvine Concourse 2050 Main Street, Sixth Floor, Suite 600, Irvine, CA 92614