Errors made by Probate Attorneys in California

On August 13, 2017 I had the pleasure of meeting a client who may need to go through probate in Los Angeles county.  This story is one I've heard before many times. In Margarets own words "I can't believe we might have to go through probate, all because the trust that we paid an attorney to draft was incorrectly prepared". What Margaret is referring to unfortunately happens a lot. Years ago her parents paid an Estate Planning Attorney in Los Angeles to draft the family living trust in order to avoid probate.  In Maragarets case the Estate Planning Lawyer forgot to record the grant deed and had other vital documents missing from the trust.

Many times, believe it or not the probate lawyer or probate attorney will forget to record the grant deed with the county showing the home going into the trust. Another common problem children of the deceased encounter is missing or incomplete trusts. There are several documents which we will go over shortly, that make a may make a trust complete.  Many times the children think "Oh, thats all taken care of, my parents created a trust many years ago. I'm sure everything is there".  

After talking with hundreds of clients and Estate Planning Attorneys we have heard that these documents make for a solid Family Trust. The documents are:

  1.  The Trust
  2.  Durable Power Of Attorney
  3.  Advanced Healthcare Directive
  4.  Pour over will
  5.  Trust Transfer Deed (recorded)

If you or a friend has a loved one that has passed away or would like to talk to an Estate Planning Lawyer or Probate Attorney in CA call us at (949) 485-9427. We work with the best Estate Planning Attorneys in California.

 

DISCLOSURE: THE OROZCO GROUP IS NOT A LAW FIRM AND IN NO WAY IS THIS POST MEANT TO BE LEGAL ADVICE. DO NOT RELY ON IT AS SUCH AND PLEASE DIRECT YOUR LEGAL QUESTIONS TO AN ATTORNEY.