For more than forty years, LeBeau Thelen has represented fiduciaries and other parties in all aspects of probate and trust administration and litigation matters. Our attorneys have handled hundreds of cases, many involving estates in the tens of millions of dollars, and with that experience we have developed strategies and methods for the quick and effective resolution of matters for our clients.
We have a keen understanding of the critical issues involved in the administration of probate and trust estates, the fiduciary responsibilities of executors and trustees, and the expectation of and advocacy for the rights and beneficiaries. Our firm also regularly defends and represents executors, trustees, and beneficiaries in will and trust contests, complex will and trust construction and administration suits, and estate and fiduciary related litigation.
Our practice draws from a deep pool of experience, expertise, and knowledge in all facets of litigation, tax, probate, trust, and fiduciary matters. Our attorneys offer quality legal work proven over decades of practice dedicated to assisting our clients navigate the often complicated and multi-faceted nature of probate and trust matters.
Questions To Ask Before You Initiate Probate
California’s probate process is notoriously complex, requiring a deep understanding of the state’s laws and procedures to complete this task in a timely manner. If you are appointed estate executor, it is your responsibility to fulfill your duties on time and in full. What you may not know about this process can be costly, adding months of court supervision and legal fees.
Our team of probate attorneys at LeBeau Thelen have over one century of combined legal experience with probate, estate planning and trust matters. We design estate plans to avoid probate when possible but are always prepared to guide our clients through probate when necessary.
Before you file your petition to initiate proceedings, contact our firm. We will review your loved one’s estate plan and examine financial account statements, deeds and other relevant information before we recommend a course of action.
Helping You Determine Whether Probate Is Necessary
Answering these three questions may help you determine the most expedient and lawful approach for settling an estate:
- Is the last will and testament valid? If your loved one died without a will, the estate will need to be probated. If your loved one did write a will but it is not valid, the court will need to supervise the administration process to prevent fraud and ensure all appropriate steps are taken.
- Did your loved one create a trust document? If your loved one created a living trust, you may be able to avoid probate. This legal instrument transfers asset ownership to the trust rather than the decedent, allowing a successor trustee to distribute property to named beneficiaries.
- What is the value of the estate’s assets? California law allows estates that meet the small estate threshold to avoid probate. If your loved one’s estate qualifies for this probate exemption, our lawyers can help you submit the necessary paperwork to begin settling the estate out of court.
Our lawyers have the acumen you require to represent you in probate proceedings and implement complex estate plans. As your advocate, we will advise you on the most cost-effective strategy to pursue so that the estate beneficiaries receive the inheritance they deserve.
How You Can Benefit From a Trust
Many people assume that only very wealthy families can benefit from establishing a trust, much like an estate plan. Indeed, this estate planning instrument may not be a cost-effective choice for everyone. However, if you are concerned about controlling your assets today and in the future, it may be in your best interest to establish a trust.
Since 1985, LeBeau Thelen has provided sound counsel on trusts and other estate planning tools. We are committed to helping our clients throughout Central and Southern California make smart decisions that protect their financial well-being, their beneficiaries and their legacy.
Using A Trust To Resolve Your Concerns
With our assistance, individuals and families have used trusts to address a variety of concerns, such as:
- Streamlining probate
- Minimizing tax obligations
- Protecting assets and property from creditors
- Ensuring children and grandchildren receive an inheritance
- Creating conditions for the distribution of funds to beneficiaries
- Helping family-owned businesses manage assets as they transition ownership
We design, revise and administer a wide array of trusts that include:
- Living trusts
- Special needs trust
- Generation-skipping trusts (GST)
- Charitable remainder trusts
- Qualified terminable interest property trust (QTIP)
To identify the most effective solution for your needs, our attorneys will work in tandem with your accountant, financial planner and other financial professionals who are intimately familiar with your unique circumstances.
This collaborative approach helps us identify the most beneficial options for your personal or business-related matter.
