• Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Megan E. Waugh appointed as Los Angeles Superior Court Probate Volunteer Panel
    • Megan E. Waugh represents Private Conservator in Record $16.2 Million sale
    • Liran R. Aliav Featured Speaker at PFAC Conference
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Asset Protection & Business Planning
    • Family-Owned Businesses
    • Financial Planning Assistance
    • LGBT Estate Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • Loss of a Loved One
    • Power of Attorney
    • Special Needs Planning
    • Young Families
    • Medi-Cal and Elder Law
    • Trust Administration
    • Probate
    • Trust, Probate and Estate Litigation
    • ESTATE AND GIFT TAX FIGURES
  • Probate
    • Probate In California
    • Is Probate Always Necessary In California?
    • Probate Laws
    • Probate Administration
    • Probate Code §850 Petitions
    • Probate Disputes
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Medi-Cal
    • Medi-Cal Questionnaire
    • Medi-Cal Planning
    • Why Medi-Cal Planning?
    • Medi-Cal Myths & Facts
    • Medi-Cal FAQs
    • Medi-Cal Eligibility
    • Medi-Cal Asset Protection
    • Medi-Cal & Disability Planning
    • Medi-Cal Recovery Avoidance
    • Medi-Cal Planners – Be Warned
  • Elder Law
    • Coping with Alzheimer’s
    • Emergency Medi-Cal and Nursing Home Planning
    • Estate Planning
    • Conservatorship
    • Medi-Cal Planning
    • Veteran’s Benefits
  • Seminars
  • Resources
    • Client Resources
      • Definitions
      • Free Estate Planning Worksheet
      • Free Seminars
      • Is Your Estate Plan Outdated?
      • Presentations
      • Top Estate Planning Techniques
    • Estate Planning Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Frequently Asked Questions
      • Legacy Wealth Planning FAQ’s
      • LGBT Estate Planning Frequently Asked Questions
      • LGBTQ+ Estate Planning FAQs
      • Frequently Asked Questions: Trust Administration
      • Frequently Asked Questions for Families Without an Estate Plan
      • Frequently Asked Questions – Estate Planning
      • LGBT Estate Planning Frequently Asked Questions
      • LGBT FAQs
      • Trust Administration FAQs
      • Medi-Cal FAQs
    • Newsletters
  • Communities We Serve
    • Los Angeles County
      • Cerritos
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
      • Playa del Rey
      • Santa Monica
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Inglewood
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Manhattan Beach
    • Orange County
      • Anaheim
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG

The Schomer Law Group, Los Angeles and Los Alamitos Estate Planning Attorneys

The Schomer Law Group, Los Angeles and Los Alamitos Estate Planning Attorneys

Connect With Us Today (310) 337-7696
(562) 346-3209

Attend a Free Seminar

5 Great Tips for Long Beach Probate Court Administration

February 1, 2019Probate

Long Beach probate court When an estate is probated, the Long Beach probate court will supervise the transfer of the estate of the deceased in an organized manner.  There are rules and procedures that must be followed, based on the probate laws of the state where the person resided.  An executor or administrator will be appointed to oversee the Long Beach probate process.  If you have the honor of serving in that important capacity, there are some common mistakes to avoid in probate administration.

The Long Beach Probate Process in a Nutshell

There are two primary goals in the Long Beach probate process — paying the debts of the deceased and distributing assets to beneficiaries.  Although the exact procedure and requirements may vary from one state to the next, the same general process is involved.  After you are sworn in as the personal representative, the first step is to notify the creditors, the potential heirs, and the public.  Then the decedent’s property must be inventoried before the assets in the estate can be distributed.

Tip #1 – Reconsider Taking Lump Sum Distributions From Retirement Plans

When it comes time to create an inventory of the estate property, you may feel compelled to liquidate all of the assets into cash.  But that is not always the best option.  Especially with pension plans, IRAs, or deferred compensation plan, as soon as you cash out, the estate will owe income taxes on the proceeds.

Tip #2 – Be Sure Not to Miss Any Long Beach Probate Court Deadlines

One of the worst mistakes to make is to miss a court-imposed deadline.  Even if you could not complete a particular task by a set deadline, such as preparing the inventory, you should still appear in court and explain why you could not comply.  Failing to appear in Long Beach probate court, on the other hand, would be a huge mistake.

Tip #3 – Don’t Miss the Estate Tax Deadlines

Just as you would not miss the deadline for filing your personal tax returns, filing the estate tax return or a return for a trust of the estate is equally important.  The estate tax return (Form 706) is due within nine (9) months of the decedent’s death.  Estate or trust tax returns are due on April 15th, just like personal income tax returns.

Tip #4 – Make Sure to Communicate With Heirs and Beneficiaries

It is important to remember to communicate with potential heirs and anyone else who is in line to receive specific property from the estate.  If you keep them in the loop throughout the probate process, you can minimize the complaints.  Heirs generally want to know when they can realistically expect to receive their property or funds.

Tip #5 – Do Not Commingle the Funds

Although money is money, when it belongs to a trust, the principal needs to be kept separate from trust income.  This is necessary when you are paying bills for the estate.  The reason is, it may be necessary to pay different people from either the income or the principal.  You are expected to make distributions and pay expenses from the correct account.  If you make a mistake in this regard, you may be held legally liable.

A Long Beach Probate Attorney Can Provide Great Assistance

A probate attorney can provide valuable assistance to a Personal Representative through the entire probate process from beginning to end.  A probate attorney can be a vital resource since the laws in each state are different when it comes to probate proceedings and the requirements imposed by the probate court.  Indeed, the first piece of advice for a personal representative is “hire an attorney.”

When is it Necessary to hire a Probate Attorney?

In order to decide whether you actually need a probate attorney, there are several questions you need to ask.  If your answer to the majority of these questions is “yes,” then you will most likely need the advice and expertise of a probate attorney. These questions can help determine how problematic the process might be and the potential for additional issues.

Family Disputes and Will Contests Can be an Issue

It is not uncommon for family members to have disputes, especially if they are already not getting along.  A will contest can be inevitable in some situations. If that is the case, you should discuss your needs with a probate attorney as soon as you can.  If a relative of the deceased will likely file a legal action to contest any part of the administration of the estate, then you need legal assistance.

Beware of Estates With Complicated Assets

If the estate you are administering only involves basic, common assets like checking accounts, vehicles, a house, and some personal property, then it may be just simple enough to handle on your own.  However, if the estate you are administering involves assets such as commercial real estate, a business or other assets that require special treatment, then you should hire a probate attorney right away.  Especially with a business, you will most likely need assistance in appraising and selling the business, if there is no business succession plan in place.

Download a FREE estate planning worksheet today! If you have questions regarding estate planning, trust contests, or any other trust administration issues, please contact the Schomer Law Group either online or by calling us in Los Angeles at (310) 337-7696, and in Orange County at (562) 346-3209.

#estateplanning, #schomerlawgroup, #longbeachprobatecourt

  • About
  • Latest Posts
Scott Schomer, Estate Planning Attorney

Scott Schomer, Estate Planning Attorney

A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney

Latest posts by Scott Schomer, Estate Planning Attorney (see all)

  • SALT Deduction Limit…Can You Get Around It? - February 4, 2019
  • What Can a Los Angeles Probate Attorney Do For You? - February 3, 2019
  • 5 Great Tips for Long Beach Probate Court Administration - February 1, 2019

Other Articles You May Find Useful

Los Angeles probate attorney
What Can a Los Angeles Probate Attorney Do For You?
avoid probate
Why Avoid Probate?
Long Beach probate
Common Reasons for Long Beach Probate Litigation
probation mediation process
All You Need to Know About California’s Probate Mediation Process
Los Angeles probate court
Can Any Trust Beneficiary Challenge a Trust in Los Angeles Probate Court?
Orange County probate
Can a “No Contest” Clause Help to Avoid Orange County Probate Litigation?

Upcoming Seminars

  • "Trustee School" and "Global Economic Armageddon"
    • Hermosa Beach
    • Beach House Hotel
    • Saturday, February 23, 2019
  • Free Seminar on Wills, Living Trusts & Legacy Wealth Planning
    • Hermosa Beach
    • Beach House Hotel
    • Saturday, March 9, 2019
See all seminars

FREE Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Testimonials

“Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.”

– Kim

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscribe

  • This field is for validation purposes and should be left unchanged.

El Segundo Address

El Segundo
222 North Pacific Coast Highway., Suite 130
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Los Alamitos Address

Los Alamitos
3363 W Cerritos Ave.,
Los Alamitos, CA 90720
Phone: (562) 346-3209
Fax: (562) 252-0577

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

footer-logo
© 2019 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2019 American Academy of Estate Planning Attorneys, Inc.