Probate


How much does it cost to “Probate” an estate?

Attorneys’ fees and administrative fees are set by California Probate Statutes and are based on a percentage of the gross estate accounted for by the personal representative.  The value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property. Ordinary fees for each are as follows:(1) Four percent on the first one hundred thousand dollars; (2) Three percent on the next one hundred thousand dollars; (3) Two percent on the next eight hundred thousand dollars; (4) One percent on the next nine million dollars; (5) One-half of 1 percent on the next fifteen million dollars; and (6) For all amounts above twenty-five million dollars, a reasonable amount to be determined by the court.

In addition to attorneys’ fees and personal representative fees, there are also Court filing fees, publication fees, appraisal fees, and bond fees.


What is involved in trust administration?

A successor trustee has to prepare the proper notices, gather and prepare full accountings of the trust’s income, assets, and debts, appraise assets, prepare and file tax returns, and hold or distribute the trust property according to the terms of the trust. This can be a lengthy and complex process, especially if many assets have to be accounted for.
Contact the Law Offices of Gregory Cabo for your trust administration needs »


What legal basis can I challenge a will or trust?

Generally, wills and trusts can be challenged on the basis that the individual lacked the mental capacity to execute the document in question, or by fraud, misrepresentation, menace, duress, undue influence, mistake, forgery, or lack of due execution.

Wills and trust challenges are extremely complex.  Further, there are certain time limitations with which to bring a will or trust challenge.  You should immediately seek legal advise from an attorney regarding your situation.  Contact the Law Offices of Gregory Cabo »


What kind of property claims can be litigated in the probate court?

Property claims regarding the decedent including creditor claims, contract claims to convey property, property of another titled to or in the possession of the decedent, community property claims, and a decedent’s claim to property held by another can all be properly bought in the California Probate Court

Probate litigation is extremely complex.  Further, there are certain time limitations with which to bring your claims.  You should immediately seek legal advise from an attorney regarding your situation.  Contact the Law Offices of Gregory Cabo »


What is financial elder abuse?

Our elder population in Orange, Riverside and Los Angeles Counties is continually growing.  Elders can be particularly susceptible to fraud and exploitations of their wealth.  In California, the Elder Abuse and Dependent Adult Civil Protection Act allows a civil tort lawsuit against the perpetrator of financial elder abuse against a person or entity who has wrongfully taken, concealed or disposed of property of an elder or a dependent adult with the intent to defraud.  It extends to those who assist in the taking, secreting, appropriating of the elder’s property.  Anyone, including financial institutions and its representatives, care providers, friends, family members and even a spouse can commit financial elder abuse.  The elder can bring financial elder abuse claims while living or the estate or the heirs can bring these claims after death.

Bringing financial elder abuse claims in the probate court is extremely complex.  Further, there are certain time limitations with which to bring your claims.  You should immediately seek legal advise from an attorney regarding your situation. Contact the Law Offices of Gregory Cabo »

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