Culver City Probate & Tax Attorney

Assisting Clients With Probate, Tax, Wills, Trusts, and More in California

Planning for the future, tackling tax issues, and undertaking trust administration when someone with a living trust dies are not everyone’s cup of tea. Yet, at some point in everyone’s life, one or all three need to be addressed. Fortunately, you can leave the crossing of the T’s and the dotting of the I’s to our experienced Culver City estate planning lawyer at the Law Office of Mitchell A. Port.

Call the Law Office of Mitchell A. Port today at (310) 526-3433 or contact us online to schedule a consultation with our probate & tax lawyer in Culver City.

Estate Planning in California

Californians who own a house or have other property valued at more than $166,250 should create an estate plan to avoid errors with cost implications for their heirs.

Having an estate plan will avoid the cost and complications of probate while maximizing your protection from federal estate tax. Your plan can distribute your assets over time to beneficiaries, which is particularly helpful for minors who would be unable to manage their inheritance in one lump sum. Estate planning is not just about what happens after you die. The plan can establish durable powers of attorney for property management and healthcare decisions on your behalf should you become incapacitated. Estate plans can include but are not limited to wills and trusts.

What is a Will?

Having a will lessens the burden on your beneficiaries because it outlines how you want your assets distributed. Every will must name an executor who ensures that the terms of your will are followed. A will can assign guardianship of minor children as well as someone to manage their inheritance.

What is a Trust?

Trusts are used to manage your assets while you are alive and distribute them upon your death. A trustee is named to manage the trust. Trusts usually include real estate, investments, stocks, vehicles, and family heirlooms.

There are two types of trusts:

• Revocable Living Trust. This trust can be revoked or changed. It manages assets and protects you if you become ill.
• Irrevocable Living Trust. This trust cannot be changed or revoked but is particularly useful for tax or asset protection.

Understanding Probate Administration

There are techniques that can help heirs avoid probate when a loved one dies (we help with that), but there are times when probate cannot be avoided. Our Culver City probate lawyers have decades of experience in identifying and distributing assets to beneficiaries while working toward eliminating creditors’ claims against the property.

Other services our Culver City probate attorneys offer:

• Will Contests
• Probate Litigation
• Removal of Executors and Trustees
• Tax Controversies (such as unpaid income taxes owed by the deceased)

What is Conservatorships & Guardianship?

When an adult cannot manage their personal care, medical decisions, or finances because of incapacity or disability, California law requires a conservatorship be established. A guardianship gives someone other than a child’s parent the right and responsibility to care for the child. This can be necessary if the parents have died, are deemed unfit, or are incarcerated.

There are two types of conservatorships:

• General Conservatorship. These conservators have extensive authority to make financial, health, and other decisions for another person.
• Limited Conservatorship. This type of authority is confined to specific decisions, such as financial or health.

There are two types of guardianships:

• Guardianship of the Person. This guardian maintains legal and physical custody of the child and is charged with providing for their food, shelter, healthcare, and education.
• Guardianship of the Estate. This guardian is responsible for managing a child’s income, investments, and other property until they turn 18 years old.