http://www.yvonneascher.com YVONNE ASCHER, ATTORNEY
444 Pearl Street, Suite A-1
Monterey, CA 93940
Fax: 831-641-9018Trust & Probate Administration
My office will assist you with the administration of your estate after death. Although many assets pass automatically to named beneficiaries, there are usually some assets held in the name of the decedent alone that require administration to transfer to the beneficiary(ies).
If the assets are not held in the name of a Trust, and the total value of such assets exceeds $150,000, a probate is generally required in order to transfer title. Probate is the Court-supervised process of moving assets from the name of a deceased individual to his or her heirs. Although the laws in California allow Attorneys to charge a percentage of the gross value of the assets for probate services, my practice is to charge based on the time spent in assisting you with the process and the complexity of the matter. This fee is generally significantly less than what is permitted under the statutory compensation provisions. (By law, I may not charge more than the statutory amount without court approval and by showing extraordinary circumstances.)
If the decedent had a Living Trust, some type of administration is still necessary. Although many individuals believe that having a Living Trust means you do not need an Attorney to assist with the distribution of assets after a death, this is generally not the case. The State of California imposes certain affirmative duties on a Trustee after a death. Generally, an experienced Attorney is needed to guide the Trustee in the fulfillment of such duties. As with many things, having someone experienced in the process to advise the Trustee at the outset minimizes issues later on. My office has extensive experience in guiding Trustees through the administration tasks.
Administration fees are charged based on an hourly rate. My paralegals are experienced in handling many of the tasks, thereby ensuring the lowest possible fees.