Few branches of law practice are as sensitive as probate law. These attorneys usually have to help clients grieving and going through one of the most painful periods of their lives.
In probate law, compassion, understanding, and integrity are valued above all else. These are key attributes you will find in each of our attorneys at Von Rock Law. If you are in San Jose and need a probate lawyer, call us today and schedule a free consultation.
Probate is the process by which authorized attorneys are put in charge of handling the estate of a deceased person.
It involves setting any debts the deceased may have left behind before gathering their family members to distribute the remaining assets among any beneficiary the deceased may have nominated.
Having a probate lawyer handle the distribution of your assets after you are gone is one of the best decisions you can make for those left behind. Without a probate lawyer, the estate will be distributed by a probate court, an experience that may not be the best for people still mourning their loss.
However, if you make the right choice today, a probate lawyer will take care of your estate’s legal aspects and ensure the process goes as smoothly as possible.
Here are some of the services a San Jose probate lawyer can offer you:
Probate courts are usually in no particular hurry when settling estates, and there is always a long waiting list of cases still waiting to be settled. A lot can happen to your investments from the time you pass on until the day the courts settle the matter.
Hiring a probate lawyer is the best way to settle all issues quickly without wasting your family’s time.
In some cases, relatives of the deceased may try to go against the wishes of their loved one and contest the will. However, having a competent lawyer with all the required documents ensures your wishes will be respected.
The costs of going through probate court can quickly pile up, especially as unexpected issues may arise. Hiring a probate attorney is more cost-effective because they will handle everything for an affordable lawyer’s fee.
If you are in San Jose and planning to write your will and leave everything organized after you pass on, call the experienced probate lawyers at Von Rock Law today and schedule a free consultation. All the answers you need regarding probate law are just one call away!
In short, yes. Death is unavoidable. An estate plan protects not only your family and assets, but will also give you peace of mind that your assets will be properly managed when you are gone.
An estate plan created by Von Rock Law is a solution to protecting and preserving your estate in the case that you die or become incapacitated. It contains the following legal documents:
A legal document that places some or all of your assets in the control of a trust during your lifetime
A legal declaration of a person’s wishes regarding the disposal of their property or estate after death
A durable power of attorney refers to a power of attorney which typically remains in effect until the death of the principal or until the document is revoked. A durable power of attorney, the durability of which must be explicitly stated, remains valid even in the event the principal is unable to make personal decisions due to incapacity.
A legal document that explains how you want medical decisions about you to be made if you cannot make the decisions yourself. An advance directive lets your health care team and loved ones know what kind of health care you want, or who you want to make decisions for you when you can’t.
An estate plan not only ensures your family and assets are protected in the case you die or become incapacitated, but it also helps your estate avoid being subjected to probate, a long and costly process.
Our Custom Estate Plan is a comprehensive trust-based estate plan which is appropriate for most estates including those with minor children or other minor beneficiaries, for those requiring protections for beneficiaries and for blended families. This estate plan works toward eliminating probate court proceedings, appointing successors to manage the Trust after your death, and directs the distribution of your assets.
One 30 minute consultation meeting by telephone, video conference or in person
Revocable Living Trust
Certification of Living Trust
Last Will & Testament **
Durable Power of Attorney **
Advanced Health Care Directive **
Authorization of Release of Medical Records (“HIPAA”) **
Assignment of Personal Property **
Personal Property Memorandum **
Trust Transfer Deed (one property)
Recording Deed with county recorder
One opportunity to request edits to above documents with respect to client-provided information
Recording fees included
Preliminary Change of Ownership Report
Final signing meeting
Complete instructions regarding plan
Notary fees included
Personalized estate planning binder with all original documents
Digital PDF copies of your entire plan
Additional Deeds with ancillary documents and recording fees begin at $1000 for California properties and for out of state US properties, subject to confirmation of non-California recording fees.
Up to five hours with our staff for emails, phone calls, zooms or in person meetings to address your questions regarding the maintenance of your estate plan, funding, coordination with agents, potential amendments, family meetings or other ongoing trust maintenance concerns.
A 5% discount on billable matters for which you may further retain us, such as drafting additional plan documents and amendments, or for another practice area.
We are offer a college care plan that will allow parents to still be able to act for their 18+ children for medical, financial and legal purposes, and to distribute the child’s assets should the child pre-decease the parent. This plan includes a Durable Power of Attorney, Advance Health Care Directive, HIPAA and Simple Will which identifies not more than two beneficiaries with outright inheritance. Further, this plan includes a generic FERPA Consent Form that will authorize parents to communicate with a college regarding the student’s classes, transcripts, grades and more. Many educational institutions will have their own forms for this Consent which may be required, but if not, our standard form should be accepted.
This plan includes a 30 minute consultation and the cost of online notary fees arranged by this office. Digital and paper copies of the plan documents will be provided.
Estate Plan revisions are provided on an hourly basis and estimates of the projected cost are provided to the client before work commences. Simple revisions to Estate Plans are often in the 2 – 3 hour range, with more complex revisions taking longer, bearing in mind that each circumstance is unique.
PLEASE NOTE – We will not amend plans that we did not draft. We will prepare re-statements of Trusts and new documents for planning documents we did not generate.