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Berkeley Probate Law Firm — Barr & Douds

Navigating the complexities of probate after losing a loved one can feel overwhelming. The compassionate Berkeley probate attorneys at Barr & Douds provide skilled guidance and dedicated advocacy to families throughout the process. We’re here to protect your rights and ensure the smooth and efficient administration of your loved one’s estate.

What Is Probate?

Probate is a legal process supervised by the courts that takes place after someone passes away. It generally involves the following key steps:

Validating the Will (If There Is One)

The court confirms that the will is legitimate and accurately reflects the deceased person’s final wishes.

Appointing an Executor or Administrator

This person is responsible for managing the estate, paying debts, and distributing assets according to the will or California state law if there’s no will.

Appointing an Executor

Identifying and Gathering Assets

The executor locates and secures all the deceased person’s property, including bank accounts, real estate, investments, and personal belongings.

Paying Debts and Taxes

The executor settles outstanding debts, taxes, and final expenses using funds from the estate’s assets.

Distributing the Remaining Assets

Once all debts are paid, the remaining assets are distributed to the beneficiaries named in the will or according to California intestacy laws if there’s no will.

Probate can be a complex and lengthy process, especially if the deceased didn’t leave a will or disputes arise among family members.

Our Probate Services

Our probate attorneys have extensive experience handling a wide range of probate matters, including the following:

  • Probate administration: Our attorneys provide comprehensive guidance through every stage of probate, from the filing of the initial petition to the final distribution of assets.
  • Trust litigation: We frequently represent beneficiaries, trustees, and interested parties in disputes related to trust administration.
  • Will contests: If there are concerns about the validity of a will, we can help determine whether there are legal grounds to challenge it.
  • Breach of fiduciary duty: We represent beneficiaries when executors or trustees fail to act in the best interests of the estate and its beneficiaries.
  • Beneficiary rights: Our lawyers protect the rights of beneficiaries to ensure that they receive their rightful inheritance.
  • Trustee removal: If a trustee isn’t fulfilling their duties, we can petition the court for their removal and replacement.
  • Trust accounting disputes: Our team can resolve disputes related to the accuracy and transparency of trust accountings.

If you’re struggling to overcome a probate-related obstacle, the services of a qualified probate attorney can be indispensable.

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Additional Probate Services

Along with the previously listed services, our Berkeley probate attorneys also assist with such matters as:

  • Small estate administration
  • Summary probate procedures
  • Estate tax return preparation
  • Post-death tax planning
  • Ancillary probate (probate in multiple states)

If you’re unsure whether we can assist you with your specific issue, don’t hesitate to reach out to our firm to learn more.

When Is Probate Necessary in California?

In California, probate is generally required when someone passes away and one or both of the following conditions apply:

The Deceased Owned Assets Solely in Their Name

Assets that are solely in the deceased’s name don’t have a named beneficiary and aren’t held in joint tenancy with the right of survivorship.

The Value of These Solely Owned Assets Exceeds $184,500

This is the current threshold for requiring probate in California as of April 1, 2022. There are some exceptions and simplified procedures for smaller estates.

Even if probate isn’t strictly required, it may still be advisable in certain situations. Our knowledgeable attorneys can analyze your circumstances and advise you on the best course of action.

analyze your circumstances

Why Choose Barr & Douds for Probate Matters in Berkeley?

When you’re facing the complexities of probate, you need a capable legal team on your side. Here’s why Berkeley residents choose Barr & Douds:

  • Seasoned probate litigators: Our attorneys have decades of combined experience handling complex probate and trust litigation matters.
  • Proven track record: We have a strong record of success representing clients in probate courts throughout the Bay Area.
  • Client-focused approach: We’re committed to providing personalized attention and clear communication throughout the legal process.
  • Local insight: Our in-depth knowledge of Alameda County probate courts and procedures gives us a distinct advantage in advocating for your interests.
  • Estate planning background: Our attorneys are also experienced estate planning lawyers, which gives us a unique understanding of how to prevent probate disputes.

We’ll take the time to listen to your concerns, answer your questions, and help you take the necessary steps to protect your family and legacy.

FAQ

What are common reasons for will contests in Berkeley, and how can I prevent them?

While most estates are settled without issue, will contests do occasionally occur. Some common reasons we see include: - Lack of testamentary capacity. - Undue influence. - Improper execution of the will. - Fraud or forgery. While there are no guarantees, the following steps can help reduce the likelihood of a will contest: - Work with an experienced estate planning attorney: An attorney knowledgeable about California law can ensure that your will is properly drafted and executed. - Document the will holder’s mental capacity: If there are concerns about capacity, having medical documentation that points to a sound mind can be helpful. - Communicate openly with family: Having honest conversations with loved ones about your estate plan can help minimize misunderstandings and hurt feelings. A seasoned probate attorney from Barr & Douds can tell you more about how to avoid the trouble of a contested will.

My parent's estate in Berkeley is going through probate. Do I need a lawyer, even if things seem amicable?

Even if your family has a good relationship, it's highly recommended that you consult with a probate attorney. Navigating the probate process involves strict timelines, court filings, creditor notices, and legal requirements that are easy to overlook without experience. An attorney can explain these guidelines and protect your rights as a beneficiary, ensuring proper asset valuation, debt payment, and distribution according to the will or state law. Additionally, your attorney can help you avoid mistakes that might lead to financial losses, delays, and personal liability. If disagreements arise, they can act as a neutral third party, facilitating communication and helping work out amicable solutions.

I'm concerned about the high cost of probate in California. Are there ways to reduce expenses?

While probate involves certain unavoidable costs, there are strategies to minimize them. For instance: - Living trusts: Assets held in a living trust typically avoid probate, saving time and expense. - Joint ownership: Joint ownership with the right of survivorship allows assets to pass directly to the surviving owner outside of probate. - Beneficiary designations: Make sure all retirement accounts, life insurance policies, and payable-on-death accounts have up-to-date beneficiary designations. - Gifts: Gifting assets during your lifetime can reduce the size of your taxable estate. You can talk to your attorney about other ways to keep the costs of probate down.
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Our Berkeley Probate Attorneys

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Testimonials

I was looking for some legal services for my daughter. Mr. Barr was kind enough to get on the phone and pointed me in the right direction without hesitation. Thank you.
Jim L., Walnut Creek, CA
I hired Loren Barr several months ago to help me as a beneficiary of my family trust. David Monsour was the attorney assigned to work with me. His work was outstanding. As with situations of this kind, my emotions ran wild at times and he was highly attentive, calm, strong, honest, respectful and responsive. I am very happy with the outcome of our work together and recommend this law office highly.
Lisa W., San Francisco, CA
I found that Graham Douds and Loren Barr are very professional. They listen with compassion and understanding. Graham is the best and I as ex-military found Loren, who is also an honorable Marine, a great person above reproach. Thank you guys for helping my Mother and I. God bless.
Frank Francisco M., Danville, CA
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Schedule a Consultation with a Berkeley Probate Attorney

Attempting to sort out the complexities of probate alone can have negative consequences. Contact Barr & Douds today to schedule a free initial consultation. We'll discuss your legal options and help you understand your rights and responsibilities.
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