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Sorry What Are 3 Reasons A Person Might Want To Avoid The Probate Process is The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ) Does The Law Firm Of Steven F. Bliss Esq. work in Sorrento Mesa? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Sorrento Mesa. San Diego Estate Attorney Near Me is The Law Firm Of Steven F. Bliss Esq. (858) 278-2800 Does The Law Firm Of Steven F. Bliss Esq. work in Del Mar? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Del Mar. Elegant Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Tierrasanta? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Tierrasanta. How much does an estate plan cost? On average, experienced attorneys may charge $250 or $350 per hour to prepare more sophisticated estate plans. You could spend several thousand dollars to work with such an attorney. As with many of things these days, do-it-yourself estate planning options are available as well. The Law Firm Of Steven F. Bliss Esq. (858) 278-2800. What is the difference between will and probate? Yes, they both relate to events that happen after death. The difference is that a will allows the testator (the person writing the will) to record their wishes, whereas probate enables the personal representatives to action the testator’s wishes. If there isn’t a will, it’s a grant of letters of administration. Can the IRS seize assets in an irrevocable trust? One option to prevent the seizure of a taxpayer’s assets is to establish an irrevocable trust. This rule generally prohibits the IRS from levying any assets that you placed into an irrevocable trust because you have relinquished control of them. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in East Village? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in East Village. Can a house be sold before probate is granted? The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate. Do you have to pay taxes on money received as a beneficiary? Beneficiaries generally don’t have to pay income tax on money or other property they inherit, with the common exception of money withdrawn from an inherited retirement account (IRA or 401(k) plan). The good news for people who inherit money or other property is that they usually don’t have to pay income tax on it. What legal documents should every person have? A will. Also known as: a last will and testament. A living will. Also known as: an advance directive. Durable health care power of attorney. It appoints: a health care proxy. Durable financial power of attorney. It appoints: an attorney-in-fact or agent. Becoming Estate Lawyer is The Law Firm Of Steven F. Bliss Esq. Can I use my father bank account after his death? The joint bank account if both the signatories sign together to operate then will be freezed after the death of father but if it is single signature operation may operated by your brother. Money can only be distributed only if your father had died without any nominee the you all have the right over the said money. What happens if I put my house in trust? With your property in trust, you typically continue to live in your home and pay the trustees a nominal rent, until your transfer to residential care when that time comes. Placing the property in trust may also be a way of helping your surviving beneficiaries avoid inheritance tax liabilities. What happens if you withdraw money from a deceased person’s account? The executor has to use the funds in the account to pay any of the estate’s creditors and then distributes the money according to local inheritance laws. In most states, most or all of the money will go to the deceased’s spouse and children. Horrible Probate Attorney Near Me is The Law Firm Of Steven F. Bliss Esq. Can I sell a house in a revocable trust? Selling Property in a Revocable Trust As the grantor, you can sell properties in a revocable trust the same way you would sell any other property titled in your own name. You can take the property out of the trust and retitle it in your name, but that isn’t necessary. Does a will override a beneficiary on a bank account? Does a Beneficiary on a Bank Account Override a Will? Generally speaking, if you designate a beneficiary on a bank account, that overrides a Will. Beneficiary designations most often supersede all outside Estate Plans and agreements (including divorce and prenuptial agreements). What exactly is probate? Probate is the entire process of administering a dead person’s estate. This involves organizing their money, assets and possessions and distributing them as inheritance after paying any taxes and debts. If the deceased has left a Will, it will name someone that they’ve chosen to administer their estate. Will banks release money without Probate? In California, you can add a “payable-on-death” (POD) designation to bank accounts such as savings accounts or certificates of deposit. At your death, the beneficiary can claim the money directly from the bank without probate court proceedings. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Solana Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Solana Beach. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Clairemont? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Clairemont.

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Is irrevocable trust? A good idea? Irrevocable trusts are an important tool in many people’s estate plan. They can be used to lock-in your estate tax exemption before it drops, keep appreciation on assets from inflating your taxable estate, protect assets from creditors, and even make you eligible for benefit programs like Medicaid. Are beneficiary accounts part of an estate? These provisions are commonly referred to as beneficiary designations. It should be noted that your financial accounts with beneficiary designations are considered part of your estate for tax purposes, even though those assets are not part of your estate for probate purposes. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. How do I prepare an estate plan? Step 1: Sign a will. Photo: Mark Wragg. Step 2: Name beneficiaries. Step 3: Dodge estate taxes. Step 4: Leave a letter. Step 5: Draw up a durable power of attorney. Step 6: Create an advance health care directive. Step 7: Organize your digital and paper files. What happens to a deceased estate without will? If a person (deceased) dies without a Last Will and Testament, his/her deceased estate (the assets s/he owned at time of death) will be distributed in terms of the Intestate Succession Act. If the deceased is survived by only a spouse, the spouse will inherit his/her entire deceased estate. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in La Costa? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in La Costa. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Ocean Beach? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Ocean Beach. At what age should you do estate planning? When should I create an estate plan in California? In most states, you can begin estate planning as soon as you turn 18 and it is a great idea to begin early on. Estate planning is one of the most important things you can do to protect yourself and your hard-earned assets. What are the 5 predictors of trust? The cost of relationship switching. The quality of the relationship. Whether or not advisor and client have shared values. Communication. Opportunistic behavior. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Vinta? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Vista. What is estate planning in simple words? Estate planning in simple terms refers to the passing assets / investments down from one generation to another. You decide how much of your estate – be it property(s), car(s), personal accolades, financial investments, etc. – you want to pass on to whom and how, after your demise. Does The Law Firm Of Steven F. Bliss Esq. work in Rancho Penasquitos? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Rancho Penasquitos. What is excluded from estate duty? Allowable deductions Funeral costs and deathbed expenses. The liabilities of the deceased at the date of death, including capital gains tax that arises on death. Estate administration costs. Valuation fees. Who can be a trustee? Every person capable of holding property may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract. What assets are not considered part of an estate? Life insurance or 401(k) accounts where a beneficiary was named. Assets under a Living Trust. Funds, securities, or US savings bonds that are registered on transfer on death (TOD) or payable on death (POD) forms. Funds held in a pension plan. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Spring Valley? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Spring Valley. What happens to bank account when someone dies? Closing a bank account after someone dies The bank will freeze the account. The executor or administrator will need to ask for the funds to be released the time it takes to do this will vary depending on the amount of money in the account. Who is legally classed as next of kin? The term usually means your nearest blood relative. In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends. What happens to bank account when someone dies without beneficiary? If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed after all creditors of the estate are paid off according to the terms of the will. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Ocean Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Ocean Beach. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Cardiff-By-The-Sea? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Cardiff-By-The-Sea. Does The Law Firm Of Steven F. Bliss Esq. work in Rancho Penasquitos? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Rancho Penasquitos. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Leucadia? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Leucadia. Is life insurance money considered part of an estate? Life insurance The proceeds of the life insurance policy are paid directly to the beneficiary and thus do not form part of the deceased’s estate. Breathtaking How many beneficiaries can a trust have? A trust isn’t restricted to one beneficiary. It can have as many beneficiaries as the trustor wishes, and the beneficiaries can have different levels of claim on the trust. How do you transfer money to a deceased person’s bank account? The surviving account holder will have to submit a written application informing about the death of account holder to the bank along with the copy of death certificate and copy of ID proof of the deceased. The copy of ID proof of the deceased account holder will be self-attested by the surviving account holder. The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123. Stupid What Happens To Property When Someone Dies Without Relatives is ( +18582782800 ) Does The Law Firm Of Steven F. Bliss Esq. work in Point Loma? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Point Loma.


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3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
+18582782800
San Diego Probate Attorney

3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
+18582782800
The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
(858) 278-2800
The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
+18582782800

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Bliss Esq. help with Probate and work in Old Town & Bay Park? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Old Town & Bay Park. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Little Italy? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Little Italy. San Diego Probate is What assets are excluded from estate tax? More In File The total of all of these items is your “Gross Estate. ” The includible property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets. What happens if you can’t afford probate? However, if you can’t afford to pay for probate litigation because you can’t afford to pay your attorney on an hourly basis, your case lends itself to a contingency fee, and you can find a probate and trust litigation attorney who will take your case on a contingency fee. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Coronado? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Coronado. Probate Attorney San Diego is Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Kensington? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Kensington. Who needs irrevocable trust? Therefore, if your estate is close to or in excess of $2 million, including life insurance proceeds, and you are not comfortable making outright gifts to beneficiaries, you should consider setting up an irrevocable trust to take advantage of the substantial estate tax savings such a trust offers. Can a nursing home take your house if it is in a trust? A revocable living trust will not protect your assets from a nursing home. This is because the assets in a revocable trust are still under the control of the owner, for more help contact Probate Attorney Steven F. Bliss esq today. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Oceanside? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Oceanside. How do you transfer a house in case of death? However, in the case of death of a spouse, the property can only be transferred in two ways. One is through partition deed or settlement deed in case no will or testament is created by the deceased spouse. And second is through the will deed executed by the person before his/her last death. How Long Do You Have To File Probate After Death is Who is first in line for inheritance? It is common that a surviving spouse be first in line to inherit, with children and grandchildren next in line. If the surviving spouse has minor children, they may inherit the whole estate. If there are adult children, they may receive a share. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Old Town & Bay Park? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Old Town & Bay Park. Will writing and estate planning? Many people believe that estate planning and writing a Will are the same thing. However, although Will writing is an important aspect of estate planning, the process involves much more. Estate planning goes further than Will writing to clarify your wishes about your finances, health, care, and more. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. What debts are forgiven at death? Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. Student Loans. Taxes. Impossible Probate Lawyer Near Me is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Core? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Core. Skilled San Diego Estate Attorney is The Law Firm Of Steven F. Bliss Esq. Do all wills go to probate? No, all Wills do not go through probate. Most Wills do, but there are several circumstances where a Will could circumvent the entire process. Some property and assets can avoid probate, and while the actual rules may vary depending on the state you live in, some things may be universal. Does The Law Firm Of Steven F. Bliss Esq. work in Cardiff-By-The-Sea? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Cardiff-By-The-Sea.


Probate Attorney

3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
+18582782800
San Diego Probate Attorney

3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
+18582782800
The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
(858) 278-2800
The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123
+18582782800

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Supportive San Diego Probate Real Estate is The Law Firm Of Steven F. Bliss Esq. Is irrevocable trust? A good idea? Irrevocable trusts are an important tool in many people’s estate plan. They can be used to lock-in your estate tax exemption before it drops, keep appreciation on assets from inflating your taxable estate, protect assets from creditors, and even make you eligible for benefit programs like Medicaid. Why everyone needs an estate plan? There are generally two main reasons why people put together an estate plan to protect their beneficiaries: To protect minor beneficiaries, or to protect adult beneficiaries from bad decisions, outside influences, creditor problems, and divorcing spouses. Quirky San Diego Probate Attorney is The Law Firm Of Steven F. Bliss Esq. Can you remove property from an irrevocable trust? In an irrevocable trust, all the assets are effectively transferred to a grantee, legally removing ownership rights from the grantor. This means that the terms cannot be changed, modified, or terminated without the named beneficiary’s approval. How do you close a bank account when someone dies? If the bank account is a custodial account that names you as the pay-on-death beneficiary, you must request a certified copy of the death certificate from the state’s office of vital records and present it to the bank with identification. The bank should then release the money to you and allow you to close the account. Shocking Estate Attorneys is The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ) Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Coronado? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Coronado. Probate Attorneys is How many house values are needed for probate? You can also ask estate agents to value the property, and if you take this approach, get two or three valuations and take the average price. The value you submit and any calculations you make must be justifiable should you be asked by the District Valuer. Who needs irrevocable trust? Therefore, if your estate is close to or in excess of $2 million, including life insurance proceeds, and you are not comfortable making outright gifts to beneficiaries, you should consider setting up an irrevocable trust to take advantage of the substantial estate tax savings such a trust offers. Does a will have to be notarized? A will doesn’t have to be notarized to be valid. But in most states, you’ll want to add a “self-proving affidavit” to your will, which must be signed by your witnesses and notarized. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Ocean Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Ocean Beach. Are distributions from an estate taxable to the beneficiary? Practically speaking, the U. S. no longer has an inheritance tax. Inheritances of cash or property are not taxed as income to the recipient. As of 2021, the estate tax, which the estate itself pays, is levied only on amounts above $11. 7 million. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Downtown San Diego? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Downtown San Diego. How do you create an estate? Make a will. Consider a trust. Make health care directives. Make a financial power of attorney. Protect your children’s property. File beneficiary forms. Consider life insurance. Understand estate taxes. Splendid What Is The Difference Between Will And Probate is The Law Firm Of Steven F. Bliss Esq. How do credit card companies know when someone dies? Deceased alerts are typically sent out by credit reporting agencies and communicated to various financial institutions. The purpose of the alert is to notify these institutions that the person in question has died so that they do not extend any new credit products to anyone applying under the deceased person’s name. What are the four must have documents? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. Fancy Do you have to pay taxes on money inherited from a trust? If you inherit from a simple trust, you must report and pay taxes on the money. By definition, anything you receive from a simple trust is income earned by it during that tax year. Any portion of the money that derives from the trust’s capital gains is capital income, and this is taxable to the trust. Who needs irrevocable trust? Therefore, if your estate is close to or in excess of $2 million, including life insurance proceeds, and you are not comfortable making outright gifts to beneficiaries, you should consider setting up an irrevocable trust to take advantage of the substantial estate tax savings such a trust offers. The Law Firm Of Steven F. Bliss Esq.

3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123

The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Santee? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Santee. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Oceanside? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Oceanside. Who in San Diego, CA. is a good trust lawyer? The Law Firm Of Steven F. Bliss Esq. can handle your family trust. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Clairemont? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Clairemont. Who has more right a trustee or the beneficiary? The Trustee, who may also be a beneficiary, has the rights to the assets but also has a fiduciary duty to maintain, which, if not done incorrectly, can lead to a contesting of the Trust. What are the financial goals of estate planning? Motivations for estate planning: Most people engage in estate planning for both rational and emotional motivations. Commonly, individuals wish to provide for loved ones after death and ensure that their property is distributed in a timely manner. For many, the minimization of expenses and taxes is an important goal.

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San Diego Estate Attorney Near Me is Does The Law Firm Of Steven F. Bliss Esq. work in San Diego? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in San Diego. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in La Mesa? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in La Mesa. What is property held in a living trust? Trust property refers to assets that have been placed into a fiduciary relationship between a trustor and trustee for a designated beneficiary. Trust property may include any type of asset, including cash, securities, real estate, or life insurance policies. Healthy Estate Attorney is The Law Firm Of Steven F. Bliss Esq. What assets are excluded from estate tax? More In File The total of all of these items is your “Gross Estate. ” The includible property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets. Can an executor be a beneficiary in a will? Yes, an executor can be a beneficiary in a will. Although it is usually appropriate to appoint beneficiaries as executors in these cases, difficulties can arise where only some of the beneficiaries are appointed as executors. In those cases, tensions can arise during the administration of the estate. Quirky Is Probate Easier With A Will? is The Law Firm Of Steven F. Bliss Esq. Can a bank release funds without probate? Banks should (and do) have processes in place for releasing funds without a Grant, such as requiring copies of the death certificate, a certified copy of the will, or sight of the executor’s ID. However, this is by no means foolproof. Another concern is the relaxed approach banks seem to take with solicitor firms. Should bank accounts be included in a will? A will is a legal declaration that enables you to direct the disposition of your assets upon your death. The portion of your estate covered by a will includes both tangible assets, such as your home or your car, and intangible assets, such as bank accounts and mutual fund shares that are generally owned in your name. What happens to an estate when someone dies? Estate administration is the process that occurs after a person dies. During this process, the decedent’s probate assets are collected, creditors are paid, and then the remaining assets are distributed to the decedent’s beneficiaries in accordance with the decedent’s will. Who inherits if no will? Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share. To find the rules in your state, see Intestate Succession. Are next of kin responsible for funeral costs? The people named in the deceased’s will as their executors (or, if the deceased didn’t make a will, their nearest relatives) are primarily responsible for arranging their funeral. Probate Lawyer San Diego is Who owns the property in a living trust? Who Owns the Trust Property? Unlike a person or a company, a trust is not a legal entity that can own property. This is because a ‘trust’ is just a relationship between the legal owner (the trustee) and the beneficial owners (the beneficiaries). How much does an executor of a will get paid? How much can an Executor receive? There is no scale set under the PAA about how much commission an Executor can receive and each application for commission will be determined by the matters presented to the Court. However, as a general rule, a 1% to 2% commission on the value of assets is usually granted. How do you put a property into a living trust? Obtain a California grant deed from a local office supply store or your county recorder’s office. Complete the top line of the deed. Indicate the grantee on the second line. Enter the trustees’ names and addresses. Vibrant Probate Lawyer Near Me is ( +18582782800 ) Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Poway? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Poway. How Do You Know If Probate Is Necessary is What are 7 important aspects of a will? Decide Who Gets Specific Items. Name the Person Who Gets the Rest. Name Alternative Beneficiaries. Name an Executor. Choose a Guardian for Minor Children. Choose Someone to Manage Your Children’s Property. Sign Your Will in Front of Witnesses. At what age should you put your assets in a trust? While you can select any age as the end-date for the trust, age 18 is a minimum because children younger than that are not legally permitted to control their own property. A reasonable maximum age would probably be in the early to mid-30’s. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in San Diego? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in San Diego. Friendly Probate Attorneys Near Me is The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ) What is the purpose of estate planning? Specifically, estate planning allows an individual to decide exactly who will benefit from their estate, and to what extent. Estate planning also ensures that the estate will not be destroyed by taxes imposed on the transfer of assets at death. Quality Probate Court Forms is The Law Firm Of Steven F. Bliss Esq. What are estate duties? Estate duty refers to a tax of 20% that is levied on the estate of a deceased person in accordance with the provision of the Estate Duty Act (the Act). Estate duty is levied on the dutiable portion of the deceased estate. Can an executor decide who gets what? No, the Executor of your will cannot just decide who gets what. Only in scenarios where the person who made the will, called the testator, did not give clear instructions, will the executor have the power to make a decision.