Probate Consultation Lawyer in Marin County, CA

While the cost of drafting a professional estate plan can vary greatly depending on where you live and the size of the law firm you select a good way to get the most for your money is by finding a small law firm that specifically focuses on living trusts and estate planning. Finding an attorney that has a small office and answers his own phone allows the attorney to charge each client less money for each estate plan. A small dedicated law firm not only allows for lower prices it provides you with better service because the attorney is well versed in the specific area of law, as well as dedicated to providing great service because they are not distracted with practicing other areas of law at the same time.

To make it simple, first gather the names addresses and phone numbers of each person you would like to have part of your estate plan. The people who will be involved are those discussed below.

Once you have obtained the full name address and phone number of each person you would like involved with your estate plan, call the estate planning Law Office of Codi M. Dada and schedule a complimentary consultation.

There are several things you’ll need to discuss with your estate planning attorney:

• Who will be the successor trustees? The first things that you should think of when preparing to draft an estate plan is to decide who you would like to designate as the successor trustee. (This is the person who will manage your assets if you are unable). You can select several who would serve as a trustee or as a backup if the first selected was not able. Also, you can select more than one person who would serve together at the same time. The advantages and disadvantages can be explained to you during your complimentary meeting with estate planning attorney.
• Who are the beneficiaries? Next, decide who you would like to give your assets to and in what amounts or percentages. Is there a minor child, then decide who you would like to designate as a guardian?
• Who are the health care agents? Who will make health care decisions for you if you are not able?
• Special instructions. What things would you like those people receiving your assets to accomplish with your assets? (For example, to finish college, purchase a home, buy their first car, pay for a wedding, etc.)

Discussing these issues with an experienced estate planning attorney is very helpful because the attorney can provide several options and common examples depending on your unique preferences and family situation as well as share his experience with each option.

During the initial meeting with an estate planning attorney expect to have a friendly but open conversation about your true concerns and desires relating to how you would like things to happen with your assets and family situation. Remember that an attorney has a duty of confidentiality and cannot share any information learned about you and your family.

During this conversation, the attorney should carefully listen and address each question you may have while giving you solutions and personalized guidance. Remember, that the estate planning attorney has a legal duty and is under oath to maintain the privacy of all information you share with them. The attorney is not there to place judgment on you but rather, is there to make sure that what you want to happen with your assets happens the way you want.

For example, is there someone that is struggling with drug addiction or is there children from a previous marriage you want to protect/ prevent or is there an heir you believe may have special needs requiring special instructions or is there someone you think may not honorably handle the responsibility of receiving your gift. Although these topics might be uncomfortable to discuss, it is important the attorney is aware of these circumstances, so the proper provisions can be included in your estate plan.

At the end of the meeting, the attorney will give you an accurate price for the cost of drafting your estate plan and a definite date when your estate plan will be complete. The price should be based on a flat rate rather than an hourly rate. Because estate planning is an area of law that is foreseeable, a reputable law firm should always provide you with a concrete flat rate and delivery date rather than an estimate based on hourly rates.

You are under no obligation to hire the attorney. If you decide that you would like to hire the attorney to draft your estate plan, most attorneys will require full payment up front. The attorney is required to hold your payment in the attorney’s client trust account until you are completely satisfied with your estate plan and the attorney has completed everything they promised.

A trust can be established in many different ways depending on each person’s circumstances. Below are typical scenarios of how a living trust works. An estate planning attorney can adjust any provision depending on your preferences and specific circumstances of your lifestyle.

What is a “settlor”?

The settlor is the person who requested the trust to be established and whose assets will fund the trust. You are the settlor of your trust.

What is a surviving spouse?

For a revocable living trust drafted for a married couple, the spouse that lives longer than the other spouse is referred to as the surviving spouse.

What is a trustee?

The trustee is the person who will manage the trust assets and administer the trust. Usually, unless specifically altered, during your lifetime you will be the trustee of your trust. For a trust involving married people, both spouses are the trustees of the trust. After the first spouse is no longer with us, the surviving spouse becomes the trustee of the couples living trust.

As trustee of your trust, you will be able to do anything with the trust assets as though you own them yourself. As trustee of your revocable living trust, there are very little limitations to what you can do with your assets held in trust. We will discuss this during our complimentary consultation.

There are several options in designating a trustee. While most people decide to be the trustee of their revocable living trust, other people prefer to hire a professional trust management company to manage the assets of the revocable living trust.

With a professionally drafted estate plan, a “Pour-Over Will” is created to minimize probate. It’s commonly referred to as a “pour-over” will because this type of will pours your assets into your trust. Basically, if there are assets that haven’t been transferred to your trust, they will be after you die. This, in turn, is done to make sure these assets are distributed properly. The will also designates the Guardian of any minor child. You have a “stand-alone” Power of Attorney and a Health Care Power of Attorney for any minor child). This will be explained further during our meeting.

The Durable Power of Attorney is a legal document which is designed to give another individual the ability to make certain decisions and manage assets on your behalf should you become incapacitated. (It should be noted, however, that there are certain things this individual won’t be able to do—for example, they can’t sell personal property.) If you have any concern about granting such broad powers, certain limitations need to be included in the language of the document. Discussing this document with a professional estate planning attorney is important.

An Assignment of Personal Property is a document that is required in a professional estate plan. This is how you can transfer certain personal property assets to your trust. A certification of trust should be included with a professionally drafted estate plan.

The main purpose of creating an estate plan is to secure your financial future and protect your family. It ensures that your assets are distributed exactly according to your wishes, minimizes tax burdens and legal fees, and helps your family avoid the costly, time-consuming process of probate administration.

A comprehensive estate plan includes several essential legal documents. We assist with drafting a valid Last Will and Testament, establishing trusts (like revocable living trusts) for asset protection and smooth transfers, and creating critical documents like Powers of Attorney and Advanced Healthcare Directives to ensure your financial and medical wishes are honored if you become incapacitated.

A trust is a powerful tool for asset protection and efficient wealth transfer. It allows you to strategically manage assets during your lifetime and ensures they pass directly to your beneficiaries upon your death without going through probate court. This process provides faster distribution, maintains privacy, and can offer substantial tax advantages for your legacy.

Unlike online services, we provide a personalized and compassionate legal partnership. Attorney Codi M. Dada offers a laser focus on estate law, ensuring your plan is custom-tailored to complex California and Marin County regulations. We provide expert counsel and defense against legal challenges, something a generic online document service cannot provide.

Probate is the legal process of validating a will and distributing assets, while estate planning is the proactive step of preparing documents to manage your affairs before probate is ever needed. Estate planning can help minimize or even avoid probate altogether. Both are important, but estate planning gives you more control over how your assets are handled.

The probate process in California can take anywhere from several months to over a year, depending on the complexity of the estate. Factors such as contested wills, multiple beneficiaries, or outstanding debts can extend the timeline. Working with a probate consultation attorney helps streamline the process and avoid unnecessary delays.

Yes, in many cases, probate can be avoided through tools such as living trusts, joint ownership, or beneficiary designations. These strategies allow assets to transfer directly to heirs without court involvement. A probate consultation lawyer can help you determine which options are best for your situation.

It’s helpful to bring copies of wills, trusts, financial statements, property deeds, and any other documents related to the estate. Having this information ready allows us to provide more accurate guidance. Don’t worry if you don’t have everything—our team will walk you through what’s needed.

Even smaller estates can involve legal complexities, such as paying off debts, transferring assets, or filing necessary tax forms. An estate administration attorney ensures that all legal requirements are met correctly, minimizing the risk of errors or future disputes among beneficiaries. Having professional guidance can make the process smoother, quicker, and less stressful, even for estates that may not go through full probate.

If a will or trust is contested, it can lead to legal disputes that may delay the distribution of assets. Contesting parties might challenge the validity of the document, the capacity of the person who created it, or the fairness of the distribution. An experienced estate administration attorney can help navigate these challenges, protect the estate, and work toward a resolution that complies with California law while minimizing stress for the beneficiaries.

Before assets are distributed, outstanding debts and taxes must be identified and resolved. This may include paying off credit cards, mortgages, or final income taxes. Estate administration lawyers help ensure that all obligations are properly addressed, preventing future liability for heirs and ensuring that the estate is settled in accordance with California regulations.

The executor or personal representative is responsible for managing the estate, which includes collecting assets, paying debts and taxes, and distributing property to beneficiaries. While this role can be overwhelming, having guidance from an estate administration attorney helps executors understand their legal duties, avoid mistakes, and carry out their responsibilities efficiently and accurately.

A knowledgeable probate services attorney ensures that every required form, notice, and petition is completed accurately and submitted within the court’s strict deadlines. This not only helps prevent costly delays or rejections but also takes the burden off the family, allowing them to focus on healing while the legal details are handled properly, efficiently, and with careful attention to every important requirement.

Yes. If heirs or executors are located in a different state or outside the country, the attorney can manage the California-specific legal requirements on their behalf. All communication, document sharing, and updates can be handled remotely, making the process as smooth and stress-free as possible while ensuring compliance with local probate laws.

Absolutely. Disputes can arise when emotions and expectations run high. The attorney can serve as a neutral and experienced legal guide, helping clarify the terms of the will or trust, address complex legal concerns, and work toward fair and practical resolutions that protect the estate’s value and minimize unnecessary litigation—while helping maintain family relationships whenever possible.

Yes. The attorney works closely with appraisers, financial institutions, real estate professionals, and other experts to locate, review, and properly value all estate assets, including bank accounts, investments, personal property, and real estate. This careful attention ensures the inventory submitted to the court is complete, accurate, and fully compliant with California probate procedures, giving families confidence that nothing is overlooked.