Unfortunately, almost two-thirds of adult Americans do not have an estate plan. There are many different reasons given among those without so much as a simple will—they don’t have time, they don’t think they have sufficient assets to warrant an estate plan, or they don’t know where to start so continue procrastinating. If you have been considering having an estate plan prepared but don’t know where to start or need answers to your questions, now is the time to speak with attorney Eric Gullotta. Failure to have an estate plan in place can result in:
- Passing your assets to those you would not have chosen
- More taxes for your loved ones to pay after you are gone
- Having no one to make medical or financial decisions on your behalf in the event of an incapacitating illness or accident
- Family strife and chaos
When you have an experienced probate attorney serving Glen Ellen as your advocate, you can rest easy knowing your loved ones will be taken care of after you pass.
Probate Attorney Serving Glen Ellen
Aging comes with uncertainty and a series of difficult questions. Who will support my family when I pass on? How can I transfer my hard-earned wealth to my friends, family, and favorite charities? If you don’t have an estate plan – preferably one drafted by a professional Glen Ellen estate planning attorney – your assets and your loved ones will have to go through the state’s lengthy bureaucratic process and you will need an experienced probate attorney serving Glen Ellen. An estate plan takes your wishes into account and arranges for everything you own to be distributed in your family’s best wishes, not the state’s.
Eric Gulotta is an empathetic and professional probate attorney serving Glen Ellen that works side-by-side with Sonoma County families to create a plan that protects your family’s best interests. His unique and personable services provide certainty and peace of mind in uncertain times. The plan that we create together will ensure your family is in good hands and your legacy remains intact just as you intended. Call Eric at (707) 938-7234 for professional and courteous services that make estate planning stress-free for you and your family.
At the Gullotta Law Group, our primary goal is to take the stress out of creating or administering an estate plan. To that end, we offer fixed fees for the creation of estate planning documents. This allows you to ask all the questions you need answers to, taking an active role in planning your estate without constantly worrying about hourly fees. When you are fully involved in the planning phase, you will end up with a plan that is specifically tailored to your situation, your goals, and your wishes. Attorney Eric Gullotta will listen carefully to you, and then translate your wishes into the legally binding documents that make up your estate plan.
You will work directly with Eric throughout the process, along with his highly skilled legal team. At the Gullotta Law Group, we understand that you have many choices when choosing an estate planning attorney. We also believe that once you have spoken with Eric Gullotta about your estate plan, your choice will be clear. Eric Gullotta is a Certified Public Accountant with fifteen years of experience in this field. Eric obtained his master’s degree in taxation, then attended law school locally at Empire College. This extensive CPA and tax background allows Eric to quickly pinpoint any tax issues associated with your estate plan. Along with being experienced, knowledgeable, personable, and highly skilled, Attorney Eric Gullotta was named the 2023 People’s Choice Award for Best Lawyer of Sonoma Valley for the ninth consecutive year.
Taking the Intimidation Out of Estate Planning
One of the reasons many adults do not have an estate plan lies in fear of the unknown, and fear of facing one’s own mortality. If you are intimidated by the thought of estate planning, don’t worry. It’s perfectly natural. The process of creating a will and planning for the management of your assets after you pass on can be incredibly stressful. That’s why the Gullotta Law Group takes a different approach to planning. Our focus on the client personally and our mix of light-hearted banter and professionalism promote a positive atmosphere. Instead of telling you what to do, Eric listens intently to your wishes and translates them into legally binding documents. The result is a plan that puts your family’s security first.
Estate Planning Services and Probate Areas Handled by the Gullotta Law Group
While it’s possible to create your own will and plan your estate, the nuances of California law make it a daunting task. Few—if any—find the energy needed to create all the documents themselves, let alone create them properly. An estate plan created by a professional probate lawyer in Glen Ellen will not only help distribute your assets according to your wishes, but minimize tax burdens and protect your family from creditors. Our services include:
- Health Care Directives
- Estate Planning (Including Tax Plans)
- Asset Distribution
- Estate Administration
- Probate
- Wills
- Trusts
We can help you set up your estate plan so that your loved ones can avoid probate altogether or so that only a minimal level of probate is required following your death. After you have passed, we can either administer your estate plan, including probate for your loved ones, or we can walk your named executor through the probate process.
What Does It Mean to Probate a Will?
When an individual dies and leaves assets—such as bank accounts, real estate, and personal property—to distribute to his or her loved ones, the decedent’s will must go through the probate process. The estate of those who fail to leave a will (known as dying “intestate”) will also go through the probate process, only the state will determine how those assets will be distributed. If the decedent left a will, then he or she also probably named an executor to probate the will.
Most people name a family member or close friend. Unfortunately, most people are unaware of what is involved in probating an estate and are wholly unprepared for the amount of paperwork and the time it takes. Because of this, it can be extremely beneficial to have a knowledgeable probate attorney serving Glen Ellen from the Gullotta Law Group by your side during the probate process.
If I Don’t Have a Will Must My Estate Still Go Through Probate?
Many people are unaware that an estate without a will must also go through probate. When there is no will, your assets will be distributed in accordance with California’s intestate succession laws. An executor will be appointed by the court, or if a family member wants to be named as executor, they can submit the decedent’s death certificate to the probate court in the decedent’s county of residence, along with a request to be appointed executor or estate representative. If the court agrees, that person will be required to:
- Collect and inventory all assets in the estate
- Notify all potential heirs and creditors
- File a personal income tax return for the decedent and an income tax return for the estate
- Pay any federal estate taxes if owed, from the estate’s assets
- Pay all debts associated with the estate
- Distribute assets to beneficiaries
- Provide a comprehensive accounting to the California probate court
The California spouse of a decedent who died without a will must file Form DE-221 with the probate court. On this form, the marital property will be described, and an explanation as to why it should be legally passed to the spouse will be included. Some items will not go through probate, including: any property held in joint tenancy, assets held in a living trust, retirement accounts, life insurance policies, POD accounts, and any marital assets titled with the right of survivorship.
What Happens in Probate Court?
The probate process can be difficult to navigate and if you have just experienced the loss of a loved one, the process can be even more intimidating. Probate is opened when a petition is filed with the court to initiate the probate process. At this time, a certified death certificate and additional supporting documentation like a will, trust documents, beneficiary designations, and other estate planning documents will be submitted to the court. The court will authenticate the decedent’s will, reviewing it to ensure it is in compliance with California state laws. The court will either approve the executor named in the will or appoint an executor. From this point on, the executor will follow the steps outlined above.
What Does a Probate Lawyer Do?
A probate lawyer can help the executor of an estate or the beneficiaries of an estate get through the probate process in the best way possible. A probate lawyer may serve in an advisory role or could take a more hands-on approach by handling the entire probate process. Usually, the primary responsibility of a probate lawyer is to help families settle the estates of their loved ones by following the probate process listed above as well as by:
- Managing the finances of the estate
- Collecting on life insurance policies
- Ordering and overseeing property appraisals
- Preparing and filling out all official court documents
- Offering necessary legal advice to family members
Hiring a Probate Attorney Serving Glen Ellen From the Gullotta Law Group
At the Gullotta Law Group, we offer you creative, concise, and competent estate planning experience. We go out of our way to make this experience comfortable and simple for you. You will simply answer questions regarding how you would like your assets to be distributed after your death as well as what decisions you would want made if you were to become incapacitated. After you have answered some questions regarding your life situations and goals, we will draft the appropriate document to ensure you and your loved ones are fully protected.
Our courteous legal services will take the stress out of one of life’s most uncertain times. Regardless of your wealth or stage in life, an official plan created by an estate planning attorney in Glen Ellen secures your family’s future. It’s normal to have so many questions right now. Call us today at (707) 938-7234 to receive your FREE case evaluation. Now is the best time to plan for tomorrow.
