◈ Homepage — https://radiantprobateestatelaw.com/Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas About Areas Served FAQs Blog Contact 650-481-7805 Get Started Serving the Bay Area Since 2011 PROBATE IS A COMPLICATED PROCESS. We're here to make it easier for you. Explore More Contact An Experienced And Compassionate Probate And Estate Planning Attorney Today Get Started Today Serving the Bay Area Since 2011 Full-Service Probate & Estate Planning Attorneys Explore Our Services Creating A Will Avoid expensive mistakes to protect your family. Exploring Trusts Helping your family avoid going through probate. Understanding Probate Guiding you through what to expect if one's assets enter probate. Certificates Of Independent Review Avoiding challenges to your estate plan through an easy step. Court Costs Covered We’ll front the costs! Unlike most others, Radiant Probate & Estate Law, Inc. will pay court costs (often up to $2,000) up front and get reimbursed by the estate later At Your Side Throughout The Probate Process It’s often hard when a loved one passes away. The reality of having to then go through the probate process is complicated and overwhelming for any executor or administrator. Gadi Zohar, the founder of Radiant Probate & Estate Law, Inc., has been assisting executors through the probate process since 2011. He is well versed not only in the law, but in the workings of the court that can only be learned from experience. His experience underpins Radiant Probate’s ability to guide you through many complications from difficult family relations to estates involving international decedents. As a Licensed Marriage & Family Therapist*, Gadi brings a perspective into the probate process that takes family relations into account, which can often make the difference between a standard probate process and even more costly litigation. If it becomes necessary, we are also experienced in probate litigation, which adds another layer of stress to an already difficult process. With Radiant Probate & Estate Law, Inc. at your side, you can rest assured that your probate matter will be handled professionally and knowledgeably. Schedule Your Free Consultation Crafting A Detailed Plan That Fits You We have seen too many tragic and costly consequences of planning without the guidance of an experienced estate planning lawyer. Many individuals mistakenly assume that all they require is a will to avoid a costly probate process. There is no one-size-fits-all solution when it comes to your estate. Your life is unique. Your estate plan should be, too. Missed details can cause expensive mistakes that leave survivors stuck for months. Our attorneys have drafted thousands of estate plans, including families of all types and a wide range of property as well as family relational considerations. From setting up your foundational estate plan to the difficult process of administering a trust after death, we can help. Examples of our Client Results International estates Administered the estate of a non-United States citizen and resident who owned California real property. This required working with international counsel, as well as estate tax consequences where the decedent was not a United States Person. House in foreclosure Probated an estate with San Jose real property that was in foreclosure. We first successfully intervened to stop a foreclosure sale. Then we sold the residence out from under a loan servicer who attempted to sell the property despite having agreed not to do so. After saving the real property from foreclosure and selling it, we managed tense issues among siblings while avoiding the need to resort to litigation. House outside the trust A decedent had a trust but she failed to title her house, the main asset she owned, in the trust. We managed to avoid probate by using a court procedure to transfer the house to the trust without the need for probate. The trustee was then able to sell the house and get the cash distributed to the surviving children much more quickly and for significantly less money than a probate would have cost. Caring for those living with addiction A single father had 3 adult children. Unfortunately, one of his children struggles with addiction. We created a trust that allows the successor trustee, the client’s daughter, to restrict distributions to the child with the addiction issues. We not only took measures to provide for the child with addiction without giving that child large sums of money, but we also created terms that took the children’s family relations and lifestyle into consideration. More Client Results Latest FAQs from Radiant Probate & Estate Law What happens if a house goes into foreclosure during probate? By Radiant Probate & Estate Law | March 27, 2026 What happens if a house goes into foreclosure during probate? Attorney Gadi Zohar explains: A house going into foreclosure during a probate process is a very stressful experience I have to say. It’s important to act quickly. It’s important to have an experienced attorney. It’s frankly important to have an attorney who’s particularly experienced with… Why might a guardian ad litem be necessary during probate? By Radiant Probate & Estate Law | March 27, 2026 Why might a guardian ad litem be necessary during probate? Attorney Gadi Zohar explains: A guardian ad litem be necessary usually when there’s a minor child who’s involved in the probate process. An adult who’s a beneficiary of an estate can make decisions for themselves. For example, a common decision that an adult would make… What is a pour-over will? By Radiant Probate & Estate Law | March 27, 2026 What is a pour-over will? Attorney Julian LaCasse explains: A pour-over will is a specific kind of will that acts as a backstop for transferring assets that should have been trust assets to the trust at your death. It gets submitted to the probate court and through that process, the judge will order that those… 1 Protect Your Loved Ones Today Do Not COMPROMISE ON YOUR LEGACY When it comes to the complicated probate process, experience is the only teacher.  And if you want to avoid that process for your loved ones, a comprehensive estate plan is needed.  Either way, your legacy of managing a probate for a deceased loved one, or your legacy to your loved ones who survive you should be facilitated by attorneys you can count on. Whether you are looking to start from scratch, have questions about the probate process or need to revise an existing trust, Radiant Probate & Estate Law, Inc., can help. Call our office today at 650-481-7805 or email us to set up a free consultation to see how we can help with your probate or estate planning needs. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Disclaimer • Privacy Policy I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-481-7805 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates Of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap × Home Practice Areas About Areas Served FAQs Blog Contact ◈ Interior Pages — 42 pages crawledJuan Morales | Radiant Probate & Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Juan Morales Δ LinkedIn This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* Call Juan EMAIL Juan Biography Juan A. Morales is an experienced paralegal who joined Radiant Probate and Estate Law, Inc. in 2020, after 2 ½ years as a legal assistant for an estate planning law firm in the Los Angeles area. After graduating from UC Santa Cruz with a B.A. in Philosophy, while gaining experience as a legal assistant, Juan attended Oxnard Community College where he earned an Associate of Science in Paralegal Studies. As the paralegal at Radiant Probate and Estate Law, Inc., Juan handles case management and client communication, document preparation, court filings, and more. He has extensive experience in navigating the unique court systems of several California counties. Education Associate of Science in Paralegal Studies Certification of Estate Planning: Probate, Wills and Trusts from the Center for Legal Studies by BARBRI B.A in Philosophy- UC Santa Cruz LANGUAGES English Spanish 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Palo Alto Probate Blog | Radiant Probate & Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Blog Home » Blog Understanding Portability in Estate Planning Category: Estate Planning When a spouse dies, a valuable tax benefit can disappear if crucial steps are missed. Many surviving spouses wonder about the concept of “portability” in estate planning and how it affects their future. This federal tax provision allows a surviving spouse to use any unused estate tax exemption left by their deceased partner, potentially preserving… Read More Seven Estate Planning Strategies To Protect Your Assets Category: Estate Planning You spend decades building your savings, your home, and your investments, and the last thing you want is to watch them slip away because of a lawsuit, a divorce, or a surprise creditor claim. In Santa Clara County, estate planning to protect assets can help prevent problems before they arise. Knowing your options early can… Read More Can Probate Delay Foreclosure? Category: Probate Families managing a loved one’s estate worry about the legal status of the home they owned when mortgage payments fall behind. Clients often ask, “Can probate delay foreclosure in California?” and the answer surprises many people. Probate does not automatically stop foreclosure. Understanding how the two processes interact, however, reveals meaningful strategies that give executors… Read More Do Joint Bank Accounts Go Through Probate? Category: Probate When someone’s estate goes through probate, it can take months before their heirs or designated beneficiaries can receive certain assets. This prompts many people to wonder, “Do joint bank accounts go through probate?” among other questions. This guide has the answer. Learn about the joint bank account probate rules in California, and how they may… Read More Understanding Probate Fees in California Category: Probate What families in Santa Clara and San Mateo Counties need to know — without the confusion. When a loved one passes away owning a home or other assets, one of the first things families want to know is: how much is this going to cost? It’s a reasonable question, and the answer is less scary… Read More What Are Probate Bonds, and When Are They Required? Category: Probate The probate process can be confusing and overwhelming to anyone tasked with managing someone’s estate. One key component that executors, beneficiaries, and heirs should know about is a probate bond. If you’re wondering, “What is a probate bond?” you’ve come to the right place. At Radiant Probate & Estate Law, Inc., we guide clients through… Read More How Are Digital Assets Handled in Probate? Category: Probate When a loved one passes away, their estate may include physical assets like their house, car, and sentimental items. However, in today’s modern world, many people leave behind digital assets that could be subject to probate court. This begs the question: How are digital assets handled in probate? Radiant Probate & Estate Law, Inc. assists… Read More California Probate When There Is a House A Practical Guide for Executors and Families in Santa Clara County Category: Probate Introduction When a loved one passes away owning real property in California—especially in areas like Mountain View, San Jose, or the greater Santa Clara County region—probate is often required before the property can be transferred or sold. For more than 15 years, our practice has focused heavily on court-supervised probate administration. We regularly handle house-rich,… Read More How To Prepare for a Probate Court Hearing Category: Probate Preparing to appear in probate court often feels intimidating, especially if you’re serving as a personal representative for the first time. Radiant Probate & Estate Law, Inc., shares this guide that explains how to prepare for a probate hearing in Santa Clara County. Our probate attorneys support families throughout the California probate process by focusing… Read More What Is Considered Exempt Property in Probate? Category: Estate Planning , Probate While going through probate and estate management, you might have several questions for your attorney. However, there is one crucial question that you should ask before beginning the process: What is exempt property in probate? Many people assume that every single one of a person’s assets will be part of their estate. However, the exempt… Read More 1 2 3 … 5 Next » We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top FAQs Archive - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started FAQs Home » FAQs What happens if a house goes into foreclosure during probate? What happens if a house goes into foreclosure during probate? Attorney Gadi Zohar explains: A house going into foreclosure during a probate process is a… Watch Now Why might a guardian ad litem be necessary during probate? Why might a guardian ad litem be necessary during probate? Attorney Gadi Zohar explains: A guardian ad litem be necessary usually when there’s a minor… Watch Now What is a pour-over will? What is a pour-over will? Attorney Julian LaCasse explains: A pour-over will is a specific kind of will that acts as a backstop for transferring… Watch Now Can you sell a deceased person’s car without probate? Can you sell a deceased person’s car without probate? Attorney Gadi Zohar explains: If your parent’s house was not in a trust, then you cannot… Watch Now Can you get letters testamentary without probate? Can you get letters testamentary without probate? Attorney Gadi Zohar explains: A letter of testamentary is more commonly known as letters testamentary. Sometimes also called… Watch Now If I am named as executor of an estate, do I have to serve? If I am named as executor of an estate, do I have to serve? Attorney Gadi Zohar explains: No. Nobody can force you to act… Watch Now What does it mean when a house is in probate? What does it mean when a house is in probate? Attorney Gadi Zohar explains: When a house is in probate, it means that the decedent… Watch Now What should I look for in hiring a California probate lawyer? What should I look for in hiring a California probate lawyer? Attorney Gadi Zohar explains: The truth is that there’s nothing that replaces experience. There… Watch Now What should be included in an estate plan? What should be included in an estate plan? Attorney Julian LaCasse explains: In California, an estate plan consists of two main aspects. They are the… Watch Now How are estate creditors handled? How are estate creditors handled? Attorney Gadi Zohar explains: Estate creditors are one of the most important parts of the probate process. They have a… Watch Now 1 2 3 … 6 Next » We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Facebook This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Does a Will Have to Go Through Probate? Probate Help Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Where there is (only) a Will, there is a probate Home » Practice Areas » Understanding Probate » Where there is (only) a Will, there is a probate It is not uncommon for people to mistakenly believe that creating a Will avoids the need for probate. If someone dies with no estate planning documents at all (called dying intestate) or with a Will but no living trust, their assets will need to go through the probate process (with some exceptions). Even in some cases where a living trust exists but assets were not properly transferred to the trust, a probate may be necessary. Generally, the Executor will be appointed by the court based on who is nominated in the Will. That person may be a family member, a close friend, or even a professional fiduciary. And where no Will, California law provides a priority list of who should serve as the estate Administrator. Radiant Probate & Estate Law, Inc. , is a probate and estate planning law firm in Palo Alto, California. Throughout Radiant Probate & Estate Law’s years of practice as a probate attorney Santa Clara County and estate planning attorneys, we have helped countless Executors and Administrators from the first petition to open the probate to the final distribution to beneficiaries. Schedule Your Free Consultation Learn More About Probate Issues Visit these pages to learn about special issues that often come up in probate: Dealing with uncooperative beneficiaries Probate Is A Unique Process Contact Our Office To Start Resolving The Cashflow Issues Of Your Probate Call Radiant Probate & Estate Law, Inc., in Palo Alto at 650-493-9200 or contact our office by email to discuss the circumstances you face regarding administering an estate with little or no cash. Radiant Probate & Estate Law, Inc. has the experience to help you through every type of probate problem. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Facebook This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Living Trust Attorney Palo Alto | Estate Planning Lawyer Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started What Is A Living Trust Home » Practice Areas » Wills And Trusts » What Is A Living Trust What You Need To Know About Living Trusts Typically, the living trust is the hub of an integrated estate plan. The living trust is called a “living” trust because it is a trust you create and fund while you are living. While there are many types of trust, in the vast majority of cases clients will create a revocable living trust, which allows the trust maker (also known as the “Settlor”) complete control of their assets while living and competent. If the Settlor becomes incompetent or dies, a successor trustee takes over and manages the Settlor’s trust property as directed by the trust document. There are often layers of decisions that go into your living trust: decisions most people never even consider. For your comprehensive living trust, you need experienced legal help. At our firm, Radiant Probate & Estate Law, Inc., in Palo Alto, our knowledgeable estate planning attorneys can explain the benefits of a living trust and whether one may be right for you. With your best interests at heart, we provide detailed attention while helping you create a thorough integrated estate plan. A Living Trust Has Certain Advantages Over A Will A revocable living trust has a few elements working in its favor. For example, a living trust allows you to: Seamlessly manage assets during your lifetime whether you are competent or incompetent. A Will only provides for management of assets at death. Avoid the costly and time-consuming probate process that occurs with a Will. Maintain privacy. Unlike probating a Will, a trust administration is a private process. When you transfer your assets to a living trust, they are held in a form that avoids the probate process, but they are still managed and taxed as your personal assets over which you have full control. There are some crucial things to understand about living trusts: First, the assets within a living trust are not protected from creditors. Second, you should consider a living trust as one (important) part of an overall integrated estate plan. Though you may have a trust, you still need a will. The “pour-over” will, allows you to name a guardian for your minor children. It also acts as a backup in case you did not title assets in your trust, because the pour-over will directs that assets you did not title in the trust should go into the trust after the probate process. The final property management document in an integrated estate plan is a durable power of attorney for finances. This document allows your designated agent to manage your non-trust assets for you in the event you become incapacitated. Together, the living trust, pour-over will, and durable power of attorney for finances combine for the management of your assets at all stages of life. Learn More About Wills And Trusts Issues Visit these pages to learn about special issues that often come up in probate: Answer to common questions about estates Finding A Plan That Fits Your Life Call A Skilled Estate Planning Attorney As one part of a comprehensive estate plan, a living trust can help you ensure your estate is administered as you want. The trust document allows you to manage your assets flexibly while still alive and to forego the expensive and time-consuming probate process. When you have estate planning questions, call us at Radiant Probate & Estate Law, Inc., in Palo Alto and serving the Bay Area. Our attorneys are experienced estate planners who know the finer details of living trusts, how they help, and their limitations. For a consultation, please send us an email or call 650-493-9200 . We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Instagram This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Estates FAQs | Palo Alto Trusts & Estate Planning Attorney Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Answer to common questions about estates Home » Practice Areas » Wills And Trusts » Answer to common questions about estates A Few Commonly Asked Questions About Estate Planning Many people understand the importance of creating a detailed estate plan but often aren’t sure where to start. Also, integrated estate planning often includes moving parts (taxes, contingencies, health care issues, etc.) that many people are not aware of. An experienced attorney can provide you with helpful insight into your particular estate planning needs. Our firm, Radiant Probate & Estate Law, Inc., in Palo Alto, California, has guided many clients, advising them in the creation of comprehensive estate plans. You probably have some questions about estate planning, and we want to help. That’s why we have assembled this list of frequently asked questions (FAQs). Learn more from a reliable estate planning attorney: What Happens If I Die Without A Will Or Trust? In California, like many states, if you die without a trust or a will, the state decides what becomes of your estate. In short, your assets such as investments, real property and possibly retirement accounts will go to your closest relatives, according to the state’s formula for determining who your closest relatives are. If you die with a will but no trust, you decide where your assets go, but the assets must still move through the cumbersome and expensive probate process. This is why, for most people, a living trust is key to passing your assets on most efficiently. Because with a living trust, you decide where your assets go and the more efficient trust administration process is usually done without court supervision. Also, a trust, unlike a will, covers what happens with your assets if you are living but incompetent. When Should I Update My Estate Plan? It may be crucial to update your estate plan whenever life-related changes take place. Such life changes may include marriage, divorce, the birth of a child, a home purchase, death of a loved one such as your spouse, starting a business or becoming the recipient of a significant inheritance. How Do I Avoid The Probate Process? The probate process can take a great amount of time and it is often costly. A “very fast” probate takes about a year. One way to avoid probate is by creating an estate plan that includes a living trust. A will goes through probate, but a trust does not. When you place your assets in a trust, they are overseen by a reliable person known as a “trustee.” A trust also allows for your assets to be managed for your benefit if you are living but incompetent. What Does An Executor Do? An executor is a trusted person who is designated in a will to administer the probate process. An executor’s duties include assisting with the sale of estate property, the distribution of assets, paying outstanding bills and taxes, and settling any ongoing disputes between the estate and third parties such as heirs or creditors. Because probate is a court-supervised process, an executor must file petitions with the court and manage the estate in a manner prescribed by the will, the probate court and local rules of court. What Does A Trustee Do? A trustee’s functions are similar to those of an executor. One important distinction, though, is that a trustee can act without court supervision. In most cases, a trustee performs substantially the same functions as an executor, but in a manner that is much more efficient in terms of time and finances. For example, selling a house through the probate process usually requires court approval. A trustee can usually sell a house out of a trust in substantially the same manner as a private sale. Learn More About Wills And Trusts Issues Visit these pages to learn about special issues that often come up in probate: Finding A Plan That Fits Your Life What Is A Living Trust Why Do I Need An Attorney To Create An Estate Plan Rather Than Doing It Myself? A skilled and experienced estate planning attorney can provide important and crucial insight into estate planning matters, which can be legally complicated. An attorney will look out for you and explain estate planning options while bringing up considerations particular to your needs. More often than not an experienced estate planning attorney will cover issues you never even considered – such as the property tax implications related to passing your home on to your loved ones. A knowledgeable attorney will guide you through myriad planning details, including naming guardians for your minor children, health care directives, powers of attorney and more. Our attorneys at Radiant Probate & Estate Law, Inc. have the experience to help you create a custom foundational estate plan. Attentive and personable, they will provide the insight you need. Schedule Your Free Consultation Get Guidance On Your Estate Plan Today These questions are just to start your thinking about creating a thorough plan and should not be taken as legal advice. Our attentive and experienced estate planning attorneys can help determine what your individual plan should look like. Our firm is based in Palo Alto, but our clients hail from throughout the San Francisco Bay Area. Our attorney will advocate for you at every step. Please contact us via this online form or call 650-493-9200 . We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ X/Twitter This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Media Room - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Media Room 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Privacy Policy - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Privacy Policy This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information. What personal information is collected through this website and how is it used? We collect information about our users in three ways: directly from the user, from our Web server logs and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it. User-supplied information If you fill out the “contact” form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). We only require that you provide an e-mail address on the contact form. Further, if chat is available through this site, you may be asked to provide information if you participate in an online chat. Please do not submit any confidential, proprietary or sensitive personally identifiable information (e.g. Social Security Number; date of birth; driver’s license number; or credit card, bank account or other financial information) (collectively, “Sensitive Information”). If you submit any Sensitive Information, you do so at your own risk and we will not be liable to you or responsible for consequences of your submission. Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below. Web server logs When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. Examples of the information we may collect include: your unique Internet protocol address; the name of your unique Internet service provider; the town/city, county/state and country from which you access our website; the kind of browser or computer you use; the number of links you click within the site; the date and time of your visit; the web page from which you arrived to our site; the pages you viewed on the site; and certain searches/queries that you conducted via our website(s). The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience. Cookies In order to offer and provide a customized and personal service, our websites and applications may use cookies and similar technologies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate our sites during your visits. Cookies also can tell us where visitors go on a website and allow us to save preferences for you so you won’t have to re-enter them each time you visit. The use of cookies is relatively standard. Most Internet browsers are initially set up to accept cookies, but you can use your browser to either notify you when you receive a cookie or to disable cookies. If you wish to disable cookies from this site, you can do so using your browser. You should understand that some features of many sites may not function properly if you don’t accept cookies. For more information about using browsers to manage cookies, please see All About Cookies . You can also refuse to accept Flash cookies from this website using Adobe’s Flash management tools . You can opt out of Google’s use of cookies by visiting Google’s Ad Settings . By visiting this website, you consent to the use of cookies and similar technologies in accordance with this Privacy Statement. Third-party Services We may use services hosted by third parties, including Adobe Site Catalyst, to assist in providing our services and to help us understand the use of our site by our visitors. These services may collect information sent by your browser as part of a web page request, including your IP address or cookies. If these third-party services collect information, they do so anonymously and in the aggregate to provide information helpful to us such as website trends, without identifying individual visitors. In addition, we may use services provided by third parties to display relevant content, products, services and advertising to you. These third parties may use cookies, web beacons and similar technologies to collect or receive information from this website and elsewhere on the internet. They may then use that information to provide measurement services so we can understand your interests and retarget advertisements based on your previous visits to this website. Please keep in mind that we do not share your personal information with any third-party advertiser, ad server or ad network. You may be able to opt-out of the collection and use of information for ad targeting by some third parties by visiting www.aboutads.info/choices . You can opt out of Google’s use of cookies by visiting Google’s Ad Settings . You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising. Please see “Cookies” in the section above for more information on how you can control the use of cookies on your computer. California Do Not Track Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail above, we track user activity using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user’s experience. Cookies allow us to offer you a customized experience and present relevant advertising to you. How is personal information protected? We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures. Who has access to the information? We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows: to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us; if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you a Palo Alto Probate Office | Radiant Probate & Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Palo Alto Home » Palo Alto Losing a loved one naturally brings emotional stress, and dealing with the legal process that follows can make things even more difficult. In Palo Alto, probate often involves court supervision, detailed paperwork, and careful handling of estate assets. At Radiant Probate & Estate Law, Inc., we help families move through this process with clarity and steady guidance so they are not left handling it alone. An experienced Palo Alto trust litigation attorney can provide the legal support needed to navigate each step with confidence. Schedule Your Free Consultation How Radiant Probate & Estate Law, Inc. Can Help At Radiant Probate & Estate Law, Inc., we provide clear, practical legal support for individuals and families dealing with estate matters at different stages of life. We guide clients through probate, estate planning, and trust-related matters with a focus on clarity, efficiency, and careful attention to detail. Probate Administration Probate is the court-supervised process of settling a person’s estate after death. It ensures debts are addressed and remaining assets are properly transferred to heirs or beneficiaries. We assist executors and families throughout this process, helping them understand requirements, meet deadlines, and avoid unnecessary complications. Estate Planning Planning ahead can significantly reduce stress for loved ones later. Estate planning allows you to control how your assets are managed and distributed through tools such as wills, trusts, and healthcare directives. We help clients create clear and effective estate plans designed to protect their wishes and reduce the need for probate in the future. Trust Administration When a trust becomes active after someone’s passing, the trustee is responsible for managing and distributing assets according to the trust terms and applicable law. We support trustees with legal guidance throughout the administration process, helping ensure proper asset management, compliance, and clear communication with beneficiaries. Certificates of Independent Review In certain estate planning situations, California law requires an independent attorney to review documents involving gifts to caregivers or other potentially sensitive arrangements. We provide Certificates of Independent Review to confirm that the estate plan was created freely, without undue influence, and in compliance with legal standards. Why Local Experience in Palo Alto Matters Estate matters in Palo Alto often involve significant real estate holdings, investment assets, and complex family situations that require careful legal handling. These cases go beyond basic probate knowledge and demand a clear understanding of how local court procedures are applied in practice. Working with an experienced estate planning lawyer helps ensure filings are completed accurately, deadlines are properly managed, and the estate process moves forward efficiently without unnecessary delays or procedural mistakes. Schedule Your Free Consultation Key Stages of the Probate Process Understanding how probate works can make the process feel more manageable and less overwhelming. While every estate is different, most follow a structured series of court-supervised steps designed to ensure assets are properly handled and distributed. Validating the Will The court first reviews the will to confirm it meets legal requirements. If it is properly executed, it is accepted. If there are issues, the court may still consider it valid depending on the circumstances. Appointing a Personal Representative The court officially appoints an executor or administrator to manage the estate. This individual receives legal authority (often through “Letters Testamentary” or “Letters of Administration”) to act on behalf of the estate and carry out required duties. Identifying and Valuing Assets All estate assets, including real estate, bank accounts, vehicles, and personal property, must be documented and appraised. This step helps establish the estate’s total value and ensures proper reporting to the court. Notifying Creditors Creditors must be formally notified so they have an opportunity to submit claims against the estate. Proper notice and timing are important to avoid delays or legal issues later in the process. Paying Debts and Taxes Valid debts and tax obligations are paid from estate funds before any distribution is made. The personal representative must carefully manage this step to avoid legal liability. Distributing Assets Once all obligations are satisfied and approved by the court, the remaining assets are distributed to beneficiaries according to the will or state law. Final Administration Period (“Long Tail”) Even after initial distribution, some estates require additional time to fully close. This final stage may include resolving tax matters, handling remaining expenses, or completing court requirements. The overall probate timeline typically ranges from 12 to 18 months, depending on the complexity of the estate. Protect Your Loved Ones Today Speak With Radiant Probate & Estate Law, Inc. If you need guidance with probate administration, estate planning, trust administration, or certificates of independent review, the team at Radiant Probate & Estate Law, Inc. is here to help. We understand that estate matters often come with both legal complexity and emotional stress, and we aim to provide clear, steady support at every stage. Radiant Probate & Estate Law, Inc. proudly serves Palo Alto and the surrounding Bay Area communities. Call (650) 481-7805 to schedule a consultation and get the guidance you need to move forward with confidence. Explore More Radiant Probate & Estate Law, Inc 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Schedule Your Free Consultation 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top HTML Sitemap - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started HTML Sitemap Posts Understanding Portability in Estate Planning (April 27, 2026) Seven Estate Planning Strategies To Protect Your Assets (April 21, 2026) Can Probate Delay Foreclosure? (March 30, 2026) Do Joint Bank Accounts Go Through Probate? (March 30, 2026) Understanding Probate Fees in California (February 26, 2026) What Are Probate Bonds, and When Are They Required? (February 23, 2026) How Are Digital Assets Handled in Probate? (February 23, 2026) California Probate When There Is a House A Practical Guide for Executors and Families in Santa Clara County (February 20, 2026) How To Prepare for a Probate Court Hearing (January 28, 2026) What Is Considered Exempt Property in Probate? (January 27, 2026) What's the Difference Between Estate Planning and a Will? (January 5, 2026) Can Probate Be Reopened After an Estate Is Closed? (December 31, 2025) Understanding Grant of Probate and Its Importance (December 4, 2025) What Happens if an Heir Dies During Probate? (December 1, 2025) What Happens After Probate Is Closed? (October 24, 2025) Differences Between Testamentary Trusts and Living Trusts (October 23, 2025) What Assets Go Through Probate? (October 1, 2025) How Long Does Probate Take on Average? (September 25, 2025) Does your loved one’s estate require formal probate? (July 21, 2023) Understanding probate in California (July 7, 2023) Probate does not have to be stressful (July 5, 2023) Ensuring You Pay All Debts During Probate (June 15, 2023) What Happens When You Die Without A Will In California (May 25, 2023) What Duties Do Executors Carry Out? (May 17, 2023) Understanding The Fiduciary Duties Of An Executor (May 1, 2023) 3 Tips For Communicating With Family Heirs During Probate (April 11, 2023) Handling Probate When Beneficiaries Dispute The Will Or The Law (March 30, 2023) What Does A Personal Representative Do During Probate? (March 21, 2023) Can A Power Of Attorney Override An Executor? (March 7, 2023) What Happens If An Executor Fails To File Probate? (February 10, 2023) How Do Executors Handle A House Sale During Probate? (February 9, 2023) Creditors may file claims against estates for unpaid debts (January 20, 2023) What am I allowed and not allowed to do as an executor? (November 3, 2022) The challenges of being an executor for a family member (September 23, 2022) Do you have to follow a person’s will regarding life insurance? (August 29, 2022) When heirs or beneficiaries are minors, you need a guardian ad litem (August 10, 2022) Does the estate executor influence who gets which assets? (July 28, 2022) Does the executor have to pay an estate’s debts? (July 12, 2022) Parties involved in will contests in California (June 9, 2022) Understanding the process for a probate sale keeps you informed (May 11, 2022) Ancillary probate: what does it mean? (April 13, 2022) What does an executor do? (March 29, 2022) How does probate work? (February 15, 2022) Do beneficiaries really sue executors? (January 6, 2022) What does an executor/administrator do? (December 3, 2021) What to know about contesting a will (November 23, 2021) Choosing a family member as a trustee has pros and cons (November 5, 2020) Estate planning needs for every age group (July 30, 2020) Could a living trust be right for you? (October 2, 2019) Pages HTML Sitemap (October 27, 2025) Media Room (October 14, 2025) Santa Cruz County (August 8, 2025) San Mateo County (August 8, 2025) Santa Clara County (August 8, 2025) Client Results (August 1, 2025) Juan Morales (July 30, 2025) Guide For Probate (July 22, 2025) Trusts And Wills (July 22, 2025) Blog (July 18, 2025) Privacy Policy (July 11, 2025) Disclaimer (July 11, 2025) Julian F. LaCasse (July 7, 2025) Service Areas (July 4, 2025) Palo Alto (July 4, 2025) About (July 4, 2025) Contact (July 4, 2025) Gadi Zohar (July 4, 2025) Practice Areas (July 3, 2025) Certificates Of Independent Review (August 12, 2025) Trust Administration (August 12, 2025) Wills And Trusts (August 12, 2025) What Is A Living Trust (August 12, 2025) Finding A Plan That Fits Your Life (August 12, 2025) Answer to common questions about estates (August 12, 2025) Understanding Probate (July 4, 2025) What to do when there is little or no cash in an estate (August 22, 2025) Probate is a unique process (August 21, 2025) Dealing With Uncooperative Beneficiaries (August 12, 2025) Where there is (only) a Will, there is a probate (August 12, 2025) Home (July 2, 2025) FAQs What happens if a house goes into foreclosure during probate? (March 27, 2026) Why might a guardian ad litem be necessary during probate? (March 27, 2026) What is a pour-over will? (March 27, 2026) Can you sell a deceased person's car without probate? (March 27, 2026) Can you get letters testamentary without probate? (March 17, 2026) If I am named as executor of an estate, do I have to serve? (March 17, 2026) What does it mean when a house is in probate? (March 17, 2026) What should I look for in hiring a California probate lawyer? (March 10, 2026) What should be included in an estate plan? (March 10, 2026) How are estate creditors handled? (March 2, 2026) How long does probate last? (March 2, 2026) What if the executor does not probate the will? (March 2, 2026) What happens when you die intestate? (February 24, 2026) What is medical power of attorney? (February 24, 2026) What is the probate of a will? (February 24, 2026) Can I sell my deceased parents house without probate? (February 24, 2026) Do beneficiaries have to pay creditors out of their own pocket for an insolvent estate? (February 12, 2026) Are probate records public? (February 12, 2026) How much does an executor get paid? (February 12, 2026) What are letters of testamentary? (February 12, 2026) What are the benefits of a living trust? (February 12, 2026) Why would you need a probate attorney? (February 3, 2026) Does a living trust avoid probate in California? (February 3, 2026) Do IRA’s go through probate? (February 3, 2026) Who pays probate attorney fees? (January 22, 2026) What is the notice to creditors? (January 20, 2026) What is the difference between probate and trust administration? (January 20, 2026) Is the personal representative entitled to be paid? (January 13, 2026) What are the benefits of a trust? (January 13, 2026) What is a trustee in a trust? (October 19, 2025) What is a holographic will? (October 17, 2025) What happens when a will is contested? (October 15, 2025) What does it mean to fund a trust? (October 8, 2025) How To Avoid Probate In California (October 8, 2025) How much are probate fees? (October 6, 2025) How does the estate planning process work? (October 2, 2025) Can a personal representative be a beneficiary? (September 29, 2025) How can I find a probate attorney near me? (September 29, 2025) When is probate not necessary? (September 24, 2025) How much does an estate planning lawyer charge? (September 23, 2025) Who needs estate planning? (September 22, 2025) What is the difference between a will and a trust? (September 18, 2025) What is a Certificate of Independent Review? (September 17, 2025) What is a trust? (September 15 What Happens When an Estate Has No Money? Legal Steps Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started What to do when there is little or no cash in an estate Home » Practice Areas » Understanding Probate » What to do when there is little or no cash in an estate Help! I Was Left A House In The Estate, But No Cash To Pay Creditors! Middle-class families often face a common dilemma when an elderly parent dies: They are left with the family house, maybe some stocks, and personal property of relatively little value, but there is little or no cash to pay for the cost of estate administration. And creditors don’t take front porches as payment. An Executor or Administrator should never have to pay out-of-pocket to probate an estate. Yet it costs hundreds of dollars just to get into court in order to start the probate process. Radiant Probate & Estate Law, Inc. is a probate and estate planning law firm in Palo Alto, California . Throughout Radiant Probate & Estate Law's years of practice as attorneys, our office has helped a great many families resolve the common problem of probating an estate with little or no cash. Schedule Your Free Consultation Learn More About Probate Issues Visit these pages to learn about special issues that often come up in probate: Dealing with uncooperative beneficiaries Gathering and appraising assets (inventory & appraisal) There Are Solutions, And We Will Guide You Through Them If you are the Executor or Administrator of an estate, call our office to discuss ways we can help with the following options: Determining what claims are legitimate: Creditors, organizations, and individuals can come out of the woodwork to stake a claim against a decedent’s estate, especially if there are significant assets. Our lawyers will guide you through the probate process to determine which claims are legitimate and require immediate attention. Sometimes, lenders need to be contacted and informed of probate. Other times, creditors are making claims you do not necessarily have to pay – like when potentially fraudulent charges appear on a credit card after a decedent died. Paying for court and other costs: It is not uncommon for there to be a house and essentially nothing else of value in the estate. Yet it costs more than $600 just to get your first hearing in court so that you can even have the right to sell the house and get cash to pay costs and debts. The probate referee may be entitled to $1,000 or more for the inventory and appraisal you must complete before selling the family home. In many cases, Radiant Probate & Estate Law, Inc. will pay these costs out of our pocket and get reimbursed when the house sells. Funding house upgrades and repairs : It is not uncommon to have a house worth significant money. But the house would sell for much more if you made some upgrades and repairs. Radiant Probate & Estate Law, Inc. works with realtors who will often put up their own money or provide zero-interest loans, and then they get repaid when the house sells. It’s a win-win because the realtor makes more when the house sells for a higher price, and the beneficiaries get more without anyone having to put up their own money to prepare the house for sale. Insufficient value: Sometimes a decedent owed more debt than the value of the house. In most cases, the Executor or Administrator’s fees actually take priority over the mortgage. This means that even when an estate is underwater, at least the Executor or Administrator will get paid for their efforts – often tens of thousands of dollars – before the debts are paid off. Attorney’s fees are also paid as a cost of administration ahead of the mortgage lender, so the estate, not you as Administrator, pays the attorney’s fees. This can only be done with protective orders from the court prior to selling a home. I keep creditors and claimants at bay: Being named Executor or Administrator of an estate does not mean that creditors have the right to go after your personal assets to seek repayment. Nor are they allowed to press you for repayment of a debt out of order. Radiant Probate & Estate Law, Inc. has even defended from creditors who made outrageous claims against the estate. Once an estate is in probate, creditors must follow the legal process. Having an experienced probate and estate law professional on your side means you can turn the problem over to me. Loans to the estate: In some rare cases, it may be advisable for the estate to get a loan. Radiant Estate & Probate Law, Inc. can help guide you to services that will provide a secured loan to the estate. Obtaining a loan for the estate may be a way for the estate to have the cash to pay costs of administration (fees, costs, taxes, debts, etc.) while preserving real property to be passed on to heirs and beneficiaries. Such loans are specialized and usually require that the estate's real property be refinanced shortly after the close of probate. Beneficiaries can also get access to cash separately from the estate, but the cost of such cash is usually exceedingly high. Nevertheless, when cash is needed, Radiant Probate & Estate Law, Inc. can point all interested parties to their options and allow them to make informed decisions. This guidance is especially important where there is only a will , since court involvement is required to resolve claims, manage assets, and ensure the estate is properly administered. Schedule Your Free Consultation Contact Our Office To Start Resolving The Cashflow Issues Of Your Probate Call Radiant Probate & Estate Law, Inc., in Palo Alto at 650-493-9200 or contact our office by email to discuss the circumstances you face regarding administering an estate with little or no cash. Radiant Probate & Estate Law, Inc. has the experience to help you through every type of probate problem. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Instagram This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Disclaimer - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Disclaimer The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Radiant Probate & Estate Law | Practice Areas Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Practice Areas Home » Practice Areas Legal Guidance You Can Trust Through Life's Most Important Transitions At Radiant Probate & Estate Law, we guide families through some of life’s most difficult legal transitions with compassion, clarity, and decades of legal experience. Whether you're navigating the California probate process, managing a trust, or planning your own estate, we’re here to make the legal path smoother and less overwhelming. Explore our core services below: Schedule Your Free Consultation Probate Administration Losing a loved one is never easy—navigating probate shouldn’t add to the burden. We help executors and administrators carry out their legal responsibilities with confidence, from court filings to asset distribution. Whether you’re facing a simple or complex probate case, we’ll help you move forward with care and clarity. Learn More About Probate Estate Planning Protect your loved ones and preserve your legacy. Our estate planning services include custom wills, revocable living trusts, powers of attorney, and health care directives tailored to your goals. We focus on avoiding probate, minimizing taxes, and ensuring your wishes are followed with peace of mind. Learn More About Wills & Trusts Trust Administration Serving as a trustee can be a demanding responsibility. We advise trustees through every step of the process—from interpreting trust language to managing assets and handling distributions—ensuring compliance with California law and helping you avoid unnecessary risks or disputes. Learn More About Trust Administration Certificates Of Independent Review When an estate plan includes gifts to caregivers or others in a potentially “disqualified” relationship, California law may require a Certificate of Independent Review. We act as the independent attorney reviewing the estate plan, ensuring the gift was not the result of fraud, duress, or undue influence. Our role helps protect the validity of your wishes and reduce future disputes. Learn More About Certificates Need Help Determining Which Path Is Right For You? Schedule a free consultation with Radiant Probate & Estate Law, and let us help you find the right solution—no pressure, just guidance. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top What happens if a house goes into foreclosure during probate? - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Home » FAQs » What happens if a house goes into foreclosure during probate? What happens if a house goes into foreclosure during probate? What happens if a house goes into foreclosure during probate? Attorney Gadi Zohar explains: A house going into foreclosure during a probate process is a very stressful experience I have to say. It’s important to act quickly. It’s important to have an experienced attorney. It’s frankly important to have an attorney who’s particularly experienced with houses going through foreclosure during probate. In California it is a process. There is timedepending on where you are in the foreclosure process. But there’s no time to dilly dally or wait around. Oftentimes, emergency court procedures need to be taken in order to avoid a foreclosure sale, and usually we end up selling the house before the foreclosure sale can commence in order to get the higher sales price you’ll get for selling a house at of probate, as opposed to selling it in foreclosure. Posts navigation ← Why might a guardian ad litem be necessary during probate? 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Client Results | Radiant Probate & Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Client Results House in foreclosure Probated an estate with San Jose real property that was in foreclosure. We first successfully intervened to stop a foreclosure sale. Then we sold the residence out from under a loan servicer who attempted to sell the property despite having agreed not to do so. After saving the real property from foreclosure and selling it, we managed tense issues among siblings while avoiding the need to resort to litigation. International estates Administered the estate of a non-United States citizen and resident who owned California real property. This required working with international counsel, as well as estate tax consequences where the decedent was not a United States Person. Changing circumstances Represented the executor of a will leaving the decedent’s estate to a relative in the Philippines. The estate included real property in San Francisco and San Jose. Through one of the top notch realtors we work with, we were able to fix up the properties and sell them for top dollar. The sole beneficiary agreed that the decedent probably would have wanted to update her will and through a court procedure, we distributed the estate in accordance with the wishes the parties believed were in keeping with the decedent’s true intent. Caring for your Surviving Spouse The son of a deceased couple was ready to sell the family residence many years after mom and dad had both died. The realtor told the son that the real property needed to go through Santa Clara County probate. Because of how title was held, we needed to open a probate for each parent. And because mom had children from 2 different relationships, there were different beneficiaries for each probate. On top of all that, there were complications regarding property tax assessments from a property that was supposed to have been reassessed many years ago, when dad had died. Paying a beneficiary when there is no cash Three siblings co-owned a residence in Palo Alto. One of the siblings died without a will or trust, owning ⅓ of the house. Under California laws of intestacy, the ⅓ interest in the house was to be distributed to the decedent’s 3 siblings, two of whom resided in the house. The two siblings living in the house did not want to sell the house, but they needed to pay the third siblings. Through our relationships with specialized lenders we were able to borrow money secured by the estate real property and pay the third sibling her share of the estate in cash while allowing the other siblings to inherit the house, and the loan to the estate was converted to a mortgage on the residence. Caring for your Surviving Spouse Wife’s health had taken a turn for the worse and husband was at an advanced age. The couple did not have any reliable family members to administer their trust. There was reasonable concern that husband would become susceptible to financial abuse after wife’s passing. We set up a unique revocable living trust that would become irrevocable for husband’s protection after wife passed, with enough flexibility to allow husband to retain financial independence. After wife passed, a California Licensed Professional Fiduciary took over as trustee, managing husband’s financial affairs and preserving his assets for his well being first and the future beneficiaries, afterward. Husband was able to remain safely and comfortably in their Palo Alto residence. Unique family choices Two couples decided to buy a house together and to eventually raise their children together in the home. They wanted an estate plan that allowed the children of each respective couple to inherit from their deceased parents, while allowing the other couple to remain in the residence rent-free for as long as they wanted. Thus, while children would inherit ½ of the property at the death of both parents, they could not sell the property without permission of the living original homeowners. On top of this, we created a lien secured by a deed of trust in favor of one member of the group who contributed a larger portion of the funds for the purchase of the property. Caring for those living with addiction A single father had 3 adult children. Unfortunately, one of his children struggles with addiction. We created a trust that allows the successor trustee, the client’s daughter, to restrict distributions to the child with the addiction issues. We not only took measures to provide for the child with addiction without giving that child large sums of money, but we also created terms that took the children’s family relations and lifestyle into consideration. Hostile step siblings Trustee was the daughter of the second spouse to die of a couple with children from previous relationships. The trustee’s step siblings were quite hostile and accusatory. We successfully defended the trust from the step siblings’ legal attacks and later took steps to protect the trustee from the step siblings’ threatening conduct. The trustee was so happy with our services that she asked us to do her estate planning after the trust administration was completed. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ URL This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Service Areas | Radiant Probate & Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Areas Served Home » Service Areas Your Partner for Estate Planning & Probate Services At Radiant Probate & Estate Law, Inc., we provide trusted probate, estate planning, and trust administration services with a focus on preserving relationships. Whether you are planning your estate or navigating a loved one’s probate process, we are here to provide knowledgeable guidance every step of the way. Palo Alto View Page Serving Palo Alto and the surrounding communities, our firm offers comprehensive probate and estate planning services tailored to meet the unique needs of local families. Our team’s local expertise ensures that clients in Palo Alto receive strategic guidance. Santa Clara County View Page In Santa Clara County, we help executors, administrators, and families navigate the probate process with clarity and confidence. Our attorneys are experienced in resolving creditor claims, handling disputes, and administering estates in accordance with county and state regulations. Santa Mateo County View Page Our services extend throughout San Mateo County, where we assist clients with all aspects of estate planning, trust administration, and probate representation. Our team’s attention to detail and understanding of local probate practices ensure smooth and effective outcomes. Santa Cruz County View Page In Santa Cruz County, we provide trusted legal guidance for both estate planning and probate administration. With a strong understanding of the probate courts in Santa Cruz County, we help clients navigate each step with confidence and clarity. Comprehensive Estate Planning Across Greater California Beyond the Bay Area, Radiant Probate & Estate Law, Inc. is here to help clients across Greater California. Whether you are planning your estate, administering a trust, or managing a probate matter from afar, our experienced team provides clear guidance and personalized support to ensure your goals are protected. Contact Us Serving the Bay Area Since 2011 Start On Your Personalized Estate Plan Today Δ URL This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Radiant Probate & Estate Law | Practice Areas Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Practice Areas Home » Practice Areas Legal Guidance You Can Trust Through Life's Most Important Transitions At Radiant Probate & Estate Law, we guide families through some of life’s most difficult legal transitions with compassion, clarity, and decades of legal experience. Whether you're navigating the California probate process, managing a trust, or planning your own estate, we’re here to make the legal path smoother and less overwhelming. Explore our core services below: Schedule Your Free Consultation Probate Administration Losing a loved one is never easy—navigating probate shouldn’t add to the burden. We help executors and administrators carry out their legal responsibilities with confidence, from court filings to asset distribution. Whether you’re facing a simple or complex probate case, we’ll help you move forward with care and clarity. Learn More About Probate Estate Planning Protect your loved ones and preserve your legacy. Our estate planning services include custom wills, revocable living trusts, powers of attorney, and health care directives tailored to your goals. We focus on avoiding probate, minimizing taxes, and ensuring your wishes are followed with peace of mind. Learn More About Wills & Trusts Trust Administration Serving as a trustee can be a demanding responsibility. We advise trustees through every step of the process—from interpreting trust language to managing assets and handling distributions—ensuring compliance with California law and helping you avoid unnecessary risks or disputes. Learn More About Trust Administration Certificates Of Independent Review When an estate plan includes gifts to caregivers or others in a potentially “disqualified” relationship, California law may require a Certificate of Independent Review. We act as the independent attorney reviewing the estate plan, ensuring the gift was not the result of fraud, duress, or undue influence. Our role helps protect the validity of your wishes and reduce future disputes. Learn More About Certificates Need Help Determining Which Path Is Right For You? Schedule a free consultation with Radiant Probate & Estate Law, and let us help you find the right solution—no pressure, just guidance. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Santa Cruz Probate Lawyer | Radiant Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Santa Cruz County Probate Attorney Home » Santa Cruz County A funeral may be the time to say your final goodbyes to a loved one. But as far as the courts are concerned, there could be many more loose ends to tie up after someone's passing. Settling someone's estate is often a time-consuming and complicated process, which is why you'll need a probate attorney serving Santa Cruz, California to guide you through it. Radiant Probate assists clients in Santa Cruz and the surrounding communities with probate administration. Founding attorney, Gadi Zohar, has extensive experience practicing in this area of law. His knowledge of California inheritance laws, trust administration, and executor duties provides peace of mind to Radiant Probate’s clients. Many estate planning and probate attorneys in California refer cases to Radiant Probate because of our extensive knowledge and experience with helping through the complicated probate process. You don't have to go through this daunting process alone. Contact Radiant Probate for expert assistance regarding probate and estate law. Schedule Your Free Consultation What Is Probate? Probate is the court-supervised legal process in which a person's assets are accounted for, debts are paid, and property is distributed according to a will or according to the law where there is no will. The process ensures the orderly transfer of property in accordance with California law, resolves disputes among family members, if there are any, and settles the decedent's debts and taxes. Probate is generally required in California when a person dies and leaves behind assets in their name alone that exceed a certain value. That minimum value depends on the types of assets and when the person died. For example, estates with financial accounts over $208,850 for decedents who died on or after April 1, 2025 require probate. Certain assets may be able to avoid probate, such as those with designated death beneficiaries or estates held in a living trust. If you are unsure whether your loved one's estate requires probate, speak with a San Mateo probate attorney for guidance. Understanding the Probate Process Learning that you've been nominated to act as the Executor of someone's will may be a surprise, especially when you hear what the probate process entails. Settling an estate takes time and involves the following steps: Validating the will A will must be validated by the probate court by either (1) confirming that the will was executed according to particular legal requirements, or (2) proving that a non-compliant will should still be admitted to probate. Appointing an executor or administrator The court will officially grant Letters Testamentary to the Executor (or Letters of Administration to the Administrator). This document is crucial in order to establish authority to manage the estate assets. Inventorying the Estate The decedent’s property (real estate, financial accounts, motor vehicles, etc.) must be listed in an Inventory and Appraisal and the court-appointed probate referee must appraise the assets. The I&A is essential for determination of capital gains taxes, and for beneficiaries to ascertain the fair market value of the assets. Notifying and paying creditors Inform creditors of the deceased's passing so they can collect outstanding debts from the estate. Pay any outstanding bills or taxes with funds from the estate. The Executor has legal obligations that could cause personal liability if known or reasonably ascertainable creditors are not properly notified. Taxes, taxes, taxes There may be several types of taxes that need to be settled out. If there is real property, then retroactive supplemental property tax assessments may be triggered and owed by the estate starting from the day the decedent died. The Executor must not only make sure the decedent’s income taxes have been paid up, not only for the year the decedent died but for previous years, if the decedent died with unsettled income tax liability. In many cases, especially where the stocks or a house are sold out of an estate, the estate may need to pay capital gains taxes. And in some cases, an estate may owe federal estate taxes. The Executor can be held personally responsible if taxes are not properly managed. Distributing assets Once the court has determined that the Executor has fulfilled their duties, the Executor can distribute the assets to the beneficiaries in accordance with the will (or in accordance with California intestacy law where there is no will). The “long tail” of probate It is common for an Executor/Administrator to reserve money at the end of the probate process for payment of the expenses of “winding down” the probate. There are many factors for determining how much should be reserved for this purpose. It can take as little as a month and as long as a year to wind down the estate. Hence the “long tail” of probate. You could run into delays or challenges if someone contests the will or there is a creditor’s dispute. For example, a creditor may present a claim showing suspicious account activity after the decedent’s death. Disputes like this could add time to the probate procedures. An experienced Santa Cruz probate lawyer can manage these issues efficiently and ensure your compliance with the law. How To Find a Reliable Santa Cruz County Probate Attorney Why face the complicated legal process of settling an estate alone when you can have an attorney at no cost out of your pocket ? Hire a Santa Cruz probate attorney to guide you through proceedings, answer questions, ensure your legal compliance, and aid with potential disputes. You'll likely need to work with a lawyer for about a year, so choose one who will provide the support you need. Consider the following tips when researching local estate law firms: Ask for personal recommendations : Friends and family may be able to name law firms they've used for estate planning and similar legal matters. Read online testimonials : When personal recommendations aren't possible, online reviews may offer valuable insights. Look for positive testimonials from satisfied clients and steer clear of firms with poor reviews. Inquire about experience levels : You'll want an experienced attorney on your side. Ask how many years they've been practicing probate law. Note that probate law is not the same as estate planning law. Ask your attorney approximately how many probates they have seen through from start to finish. If they have not done at least 25 probates, they are not very experienced, because experience is the only meaningful way to learn how to navigate probates. Schedule a meeting : You may have a gut feeling about whether to hire a lawyer based on their personality and communication style. Schedule an initial consultation to meet and discuss your goals. You can end your search for a Santa Cruz County probate attorney by contacting Radiant Probate today. Plan for the Future With Radiant Probate & Estate Law, Inc. You can avoid the need for your loved ones to have to probate your estate. If you want to protect them fro What is a pour-over will? - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Home » FAQs » What is a pour-over will? What is a pour-over will? What is a pour-over will? Attorney Julian LaCasse explains: A pour-over will is a specific kind of will that acts as a backstop for transferring assets that should have been trust assets to the trust at your death. It gets submitted to the probate court and through that process, the judge will order that those assets then become trust assets following the probate process. Posts navigation ← Can you sell a deceased person’s car without probate? Why might a guardian ad litem be necessary during probate? → 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Probate is a unique process - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Probate Is A Unique Process That Can Only Be Learned Through Experience Home » Practice Areas » Understanding Probate » Probate is a unique process The probate process is unlike anything else you’ve experienced. There is no class in law school or anywhere else that can adequately prepare one for the probate process. Not only does a probate attorney have to understand federal and state laws, but there are also local rules and customs in each county, which is why working with a probate lawyer in Santa Clara County can make a meaningful difference in how smoothly the process is handled. On top of that, you need to understand the roles of the various probate clerks and examiners. On top of the court system, an Executor or Administrator has obligations to notify various taxing and state agencies of the death, notify and manage potential creditors, inventory the estate and provide that inventory to a court-appointed appraiser, and in many cases hire professionals like accountants and realtors to assist with the probate administration. And because the process is court supervised, you will be required to provide a report to the court under penalty of perjury in order to close the estate. At Radiant Probate & Estate Law, Inc., our probate attorneys have extensive experience in a wide range of probate issues. And we have helped clients navigate court systems in many California counties, including Santa Clara County, San Mateo County, and many more California counties. Learn More About Probate Issues Visit these pages to learn about special issues that often come up in probate: Where there is (only) a Will, there is a probate Dealing with uncooperative beneficiaries Contact Us To Learn More As the Executor or Administrator of an estate, you have significant legal duties. A proper and complete inventory and appraisal is crucial. Thanks to remote attendance at courts, we represent estates in many counties throughout California. Call us at 650-493-9200 or contact our office in Palo Alto by email to arrange a consultation about how we can help. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ URL This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top About Radiant Probate & Estate Law, Inc. | Palo Alto CA Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started It's About Relationships Home » About Skilled And Experienced Probate Representation At Radiant Probate & Estate Law, Inc., in Palo Alto, we provide experienced probate representation throughout Santa Clara, San Mateo, and Santa Cruz counties. We have represented countless executors, administrators and others facing the unique complexities of the California probate system. Due to our expert legal understanding and attention to detail, we are able to provide guidance that helps our clients rest assured that their probate matter will be handled effectively. We will be at your side throughout the process and assist in resolving creditors’ claims, legal issues, and disputes in accordance with local and state law. Having worked on both sides of the probate system, Managing Attorney, Gadi Zohar, understands how the different probate courts operate and has a strong understanding of how to navigate the probate court system; and that knowledge underpins Radiant Probate’s services. We’ll front the costs! Unlike most others, Radiant Probate & Estate Law, Inc. will pay court costs (often up to $2,000) up front and get reimbursed by the estate later. You should never have to pay any money out of your pocket in order to probate a decedent’s estate. Schedule Your Free Consultation Estate Planning With A Premium On Relationships Estate Planning AND TRUST ADMINISTRATION With A Premium On Relationships At our firm, we counsel clients and assist with the myriad aspects of estate planning and administration: from standard foundational estate plans to complex planning; and then we help with the administration of trusts when needed. Before becoming an attorney, Managing Director, Gadi Zohar practiced as a Licensed Marriage and Family Therapist*, and this combined experience allows him to better understand the complexities of family relationships when it comes to planning and administering estate plans. This experience colors the approach of all of our estate services. We will listen to your concerns, advocate for you and help you achieve your goals. A comprehensive foundational estate plan can bring peace of mind, and our attorneys have been helping the people of the San Francisco Bay Area and beyond create their personal plans since 2011. From creating your trust to administering the trust of a loved one, we can help you with all your estate planning and administration goals. *Gadi Zohar does not provide professional psychotherapy or psychological counseling. Gadi Zohar Julian F. LaCasse Juan A. Morrales Start Your Plan Today Your estate plan may end up being complex. Indeed, there are often moving parts you may not have considered. But it does not have to be intimidating. With guidance, you can ensure your loved ones are covered now and for years to come. With our unique insight and background, you can be assured your values and goals are fully represented in your finished documents. At Radiant Probate & Estate Law, Inc., in Palo Alto, we have guided people through the entirety of their estate planning needs, as well as the many complexities of the probate process. For an initial consultation, contact us online or by calling 650-493-9200 . We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ LinkedIn This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Certificates Of Independent Review | Palo Alto Trust Attorney Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Certificates Of Independent Review Home » Practice Areas » Certificates Of Independent Review Use a Certificates Of Independent Review to Avoid Trust Challenges When you leave assets to someone who has helped you (such as a caregiver), the law can presume that they had undue influence over that decision. The person presumed to have unduly influenced you is known as a “prohibited transferee.” Sometimes, litigators may try to treat your own child as a de facto prohibited transferee (even though the law doesn’t necessarily see it that way) if the child assists you regularly. A Certificate of Independent Review can help deter such litigators from challenging your trust. Radiant Probate & Estate Law, Inc. can help ensure your instructions are carried out by offering Certificates of Independent Review, which can deter litigation and reinforce the validity of your living trust. How These Certificates Work Generally, after you create a living trust , an independent attorney will review the trust document. The attorney will then meet with you (outside the presence of the prohibited transferee) to ensure that the trust document reflects your free will. If the reviewing attorney is satisfied that the trust reflects your true wishes, the attorney creates a Certificate of Independent Review. The certificate effectively rebuts the presumption that you were unduly influenced to leave your property to a prohibited transferee. In cases where you are leaving money to a caregiver or you are writing a child out of your estate, a Certificate of Independent Review can mean the difference between a smooth trust administration and costly litigation. Get Your Peace Of Mind Today Radiant Probate & Estate Law, Inc. offers Certificates of Independent Review for affordable, flat rates. For additional travel costs, our attorneys will even meet you at home if traveling is difficult. A little extra cost today can save your loved ones from a lot of costly litigation later. Call today at 650-493-9200 or send us an email to get started. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Instagram This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Certificate of Independent Review – Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Certificate of Independent Review Home » Certificate of Independent Review What is a Certificate of Independent Review? What is a Certificate of Independent Review? Attorney Julian LaCasse explains: A Certificate of Independent Review is a tool that you can use to help… Watch Now We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ X/Twitter This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Probate Law – Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Probate Law Home » Probate Law Why might a guardian ad litem be necessary during probate? Why might a guardian ad litem be necessary during probate? Attorney Gadi Zohar explains: A guardian ad litem be necessary usually when there’s a minor… Watch Now Can you sell a deceased person’s car without probate? Can you sell a deceased person’s car without probate? Attorney Gadi Zohar explains: If your parent’s house was not in a trust, then you cannot… Watch Now What does it mean when a house is in probate? What does it mean when a house is in probate? Attorney Gadi Zohar explains: When a house is in probate, it means that the decedent… Watch Now What should I look for in hiring a California probate lawyer? What should I look for in hiring a California probate lawyer? Attorney Gadi Zohar explains: The truth is that there’s nothing that replaces experience. There… Watch Now What if the executor does not probate the will? What if the executor does not probate the will? Attorney Gadi Zohar explains: If an executor is named in a will and they don’t act,… Watch Now Can I sell my deceased parents house without probate? Can I sell my deceased parents house without probate? Attorney Gadi Zohar explains: If your parent’s house was not in a trust, then you cannot… Watch Now Why would you need a probate attorney? Why would you need a probate attorney? Attorney Gadi Zohar explains: I’m going to be frank with you. Probate is a very difficult process. Even… Watch Now Does a living trust avoid probate in California? Does a living trust avoid probate in California? Attorney Julian LaCasse explains: Yes. A living trust avoids probate in California. As long as your assets… Watch Now Do IRA’s go through probate? Do IRA’s go through probate? Attorney Gadi Zohar explains: Generally, an IRA, also known as an IRA do not go through probate. However, sometimes they… Watch Now Who pays probate attorney fees? Who pays probate attorney fees? Attorney Gadi Zohar explains: Generally speaking, probate attorney fees come out of the estate. Not out of your pocket. That’s… Watch Now 1 2 Next » We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Comments This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Estate Planning Law – Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Estate Planning Law Home » Estate Planning Law What should be included in an estate plan? What should be included in an estate plan? Attorney Julian LaCasse explains: In California, an estate plan consists of two main aspects. They are the… Watch Now How are estate creditors handled? How are estate creditors handled? Attorney Gadi Zohar explains: Estate creditors are one of the most important parts of the probate process. They have a… Watch Now What is a trustee in a trust? What is a trustee in a trust? Attorney Julian LaCasse explains: A trustee of a trust is the person who manages the trust property for… Watch Now What is a holographic will? What is a holographic will? Attorney Gadi Zohar explains: A holographic will is a handwritten will written in the handwriting of the decedent. It has… Watch Now What does it mean to fund a trust? What does it mean to fund a trust? Attorney Gadi Zohar explains: Funding a trust is actually very important. It means that you put your… Watch Now How To Avoid Probate In California How To Avoid Probate In California Attorney Julian LaCasse explains: The most common way to avoid probate in California is by having a living trust… Watch Now How does the estate planning process work? How does the estate planning process work? Attorney Julian LaCasse explains: The first step of the estate planning process is for you to contact a… Watch Now Can a personal representative be a beneficiary? Can a personal representative be a beneficiary? Attorney Gadi Zohar explains: The short answer is yes. It’s very common for a personal representative to be… Watch Now How much does an estate planning lawyer charge? How much does an estate planning lawyer charge? Attorney Gadi Zohar explains: How much does an estate planning lawyer charge? It depends on your particular… Watch Now Who needs estate planning? Who needs estate planning? Attorney Gadi Zohar explains: Who needs estate planning is a great question. A lot of people assume that the term estate… Watch Now 1 2 Next » We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ LinkedIn This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Trust Administration Law – Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Trust Administration Law Home » Trust Administration Law What are the benefits of a living trust? What are the benefits of a living trust? Attorney Julian LaCasse explains: The benefit of setting up a living trust in California is that you… Watch Now What is the difference between probate and trust administration? What is the difference between probate and trust administration? Attorney Gadi Zohar explains: The biggest difference between probate and trust administration is the court system…. Watch Now What are the benefits of a trust? What are the benefits of a trust? Attorney Gadi Zohar explains: Well first, there are lots of different kinds of trust. But to answer this… Watch Now What is a trust? What is a trust? I love the question, “What is the trust?” because I know that most people think of a piece of paper when… Watch Now What is a successor trustee? What is a successor trustee? The successor trustee is a person whom you designate while you’re living to take over management of your assets once… Watch Now What does a trustee do? You can think of the trustee as being like the CEO of a corporation, and you can think of the trust as that corporation. So… Watch Now Why should I hire a trust administration attorney? You should hire a trust administration attorney because the California probate code requires trustees to act in a certain way and to abide by specific… Watch Now We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Instagram This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Zohar, Gadi Esq. | Radiant Probate & Estate Law, Inc. Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Gadi Zohar, Esq. Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* Call Gadi EMAIL GADI Biography Gadi Zohar, Esq., is an experienced probate and estate planning lawyer in Palo Alto, California. He has been practicing probate, estate planning, and estate administration law exclusively since 2010. His practical advice and personalized solutions meet each client's unique needs. While his hand is in all services provided by Radiant Probate & Estate Law, Inc., Gadi’s primary focus is on the court supervised probate process. He has experienced probate from both sides of the bench, having interned for the probate court in law school, and later acting as the attorney for executors and estate administrators in court. He has represented executors in many California counties, helping his clients with routine issues like proper government agency notifications, and stressful situations like preventing foreclosure sales on estate real property. His unique background as a Licensed Marriage and Family Therapist* can be invaluable when navigating family issues that often arise during probate. While he does everything he can to avoid litigation, he also has experience with contested probate matters like will contests and challenges to heirship rights. Gadi believes that well prepared legal instruments are essential to avoiding contested estate administration and probate matters. "Well prepared" means not only that the documents are legally sound, but also that they are likely to lead to a smooth process of estate administration. This philosophy is the underpinning of the estate planning services provided by Radiant Probate & Estate Law, Inc. Some legal instruments we advise on include: Living trusts Wills Advance health care directives Durable powers of attorney Professional wills for psychotherapists Dental trusts Pet trusts For the legal guidance you need on probate, estate planning, and related matters, call Radiant Probate & Estate Law, Inc. today. We front the court costs and other expenses for probates Free initial consultations for estate planning and probates Flat fee estate plans in most cases *Gadi Zohar does not provide professional psychotherapy or psychological counseling. Education Santa Clara University School of Law , Santa Clara, California J.D. - 2010 California Institute of Integral Studies , San Francisco, California M.A. - 1998 Major: Integral Counseling Psychology University of Florida , Gainesville, Florida B.S. - 1994 Major: Psychology Bar Admissions California, 2010 Honors CALI Excellence for the Future Award, Conflict of Laws CALI Excellence for the Future Award, Federal Courts and Jurisdiction Senior Articles Editor, Santa Clara Journal of International Law Published Works Got Premium? Costanza v. Commissioner and the Tax Treatment of Intrafamily SCINs Canceled by Death, California Trusts & Estates Quarterly, Vol. 15, No. 3, 2009 Habitual Residence: An Alternative to the Common Law Concept of Domicile? , Whittier Journal of Child & Family Advocacy, Vol. 9, p. 169, 2010 When a Psychotherapist Dies or Becomes Incompetent, Time is of the Essence and Patient Privacy is Paramount, California Trusts & Estates Quarterly, Volume 21, Issue 1, 2013 Representative Clients Got expedited Letters of Special Administration so that the decedent’s daughter could sell the house from under a nonjudicial foreclosure sale Probate with decedent from Hong Kong with Estate Tax and international estate administration issues Estate worth ~$20M - litigation avoidance planning Planning for support of adult child with addiction Administering trust with intense sibling tension Petition to modify trust after death of Settlor Probate with contested holographic will Professional Associations Palo Alto Area Bar Association, 2013 to Present San Mateo County Bar Association, 2011 to Present Past Positions White Law, Law Clerk Temmerman, Cilley & Kohlmann, LLP, Trusts and Estates Attorney Hon. Mary Ann Grilli at Superior Court of California, Judicial Intern Honorable James Ware at United States District Court, Judicial Extern Licensed Marriage & Family Therapist in private practice PRACTICE AREAS Probate 80% Estate Planning 10% Trust Administration 10% LANGUAGES Hebrew English 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Radiant Probate & Estate Law | Practice Areas Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Practice Areas Home » Practice Areas Legal Guidance You Can Trust Through Life's Most Important Transitions At Radiant Probate & Estate Law, we guide families through some of life’s most difficult legal transitions with compassion, clarity, and decades of legal experience. Whether you're navigating the California probate process, managing a trust, or planning your own estate, we’re here to make the legal path smoother and less overwhelming. Explore our core services below: Schedule Your Free Consultation Probate Administration Losing a loved one is never easy—navigating probate shouldn’t add to the burden. We help executors and administrators carry out their legal responsibilities with confidence, from court filings to asset distribution. Whether you’re facing a simple or complex probate case, we’ll help you move forward with care and clarity. Learn More About Probate Estate Planning Protect your loved ones and preserve your legacy. Our estate planning services include custom wills, revocable living trusts, powers of attorney, and health care directives tailored to your goals. We focus on avoiding probate, minimizing taxes, and ensuring your wishes are followed with peace of mind. Learn More About Wills & Trusts Trust Administration Serving as a trustee can be a demanding responsibility. We advise trustees through every step of the process—from interpreting trust language to managing assets and handling distributions—ensuring compliance with California law and helping you avoid unnecessary risks or disputes. Learn More About Trust Administration Certificates Of Independent Review When an estate plan includes gifts to caregivers or others in a potentially “disqualified” relationship, California law may require a Certificate of Independent Review. We act as the independent attorney reviewing the estate plan, ensuring the gift was not the result of fraud, duress, or undue influence. Our role helps protect the validity of your wishes and reduce future disputes. Learn More About Certificates Need Help Determining Which Path Is Right For You? Schedule a free consultation with Radiant Probate & Estate Law, and let us help you find the right solution—no pressure, just guidance. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top What Is Probate? | Palo Alto Probate & Estate Administration Lawyer Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Understanding Probate Home » Practice Areas » Understanding Probate How We Can Guide You Through The Probate Process Generally, probate is needed when someone dies with no estate planning documents, or when there is a will, but no trust in place. Probate is a court process for settling an estate, and it can be quite daunting. However, you do not need to feel intimidated when you have a skilled probate attorney on your side. The attorneys at our Palo Alto law firm, Radiant Probate & Estate Law , can guide executors (named in a will to administer an estate) and administrators (administering an estate when there is no will) through the process of settling the estate of the decedent (deceased person) in California, including probate matters handled throughout Santa Clara County . Our lawyers are thorough and focused on details in probate, helping you with tasks that may include filing court petitions and other required documents, selling real estate, dealing with taxes, required notifications to government agencies, and distributing assets. Schedule Your Free Consultation Understanding The Key Elements Of Probate Because our practice focuses exclusively on estate planning, Radiant Probate & Estate Law knows how to guide clients through the probate process, which includes these key steps: Of course, it’s better to avoid probate by creating a living trust, but in cases where that did not happen, our attorneys can help you understand what the probate process entails and what to expect. Validation of the will The appointment of an executor of administrator by the court Organizing and appraising the estate assets Notifying creditors, as required by law Paying any outstanding bills or taxes owed by the estate Settling disagreements and disputes among beneficiaries Distributing the estate to the beneficiaries Contact An Attorney Who Understands Probate In certain situations, ensuring that estate decisions are properly reviewed may involve obtaining certificates of independent review to protect both the estate and its beneficiaries. So many questions surface regarding the probate process. Our attorney at Radiant Probate & Estate Law, Inc , in Palo Alto, will answer your questions and make the process as smooth as possible. Since 2011, he has helped clients throughout the greater San Francisco Bay Area with probate and other estate planning issues. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ URL This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top San Mateo Probate Lawyer | Radiant Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started San Mateo County Probate Attorney Home » San Mateo County When someone dies owning property (house, financial accounts, etc.), that property cannot just be passed to that person’s survivors unless there is a trust in place or some other death-related designation on the property (like a pay on death account). The process for passing the property from the deceased person to their survivors is the court-supervised probate process. If there is a will, the court must validate the will. Debts and taxes need to be paid, and that has to be shown to the court. Even a smooth probate process can be cumbersome and overwhelming – especially to someone who just lost a loved one. At Radiant Probate, we provide compassionate legal support. Our probate attorneys serving San Mateo County can assist with the entire probate process, and advise clients on estate planning strategies that may allow loved ones to avoid probate after their passing. Contact us today to request a consultation for our expert probate or estate planning services. Schedule Your Free Consultation What Is Probate? Probate is the court-supervised legal process in which a person's assets are accounted for, debts are paid, and property is distributed according to a will or according to the law where there is no will. The process ensures the orderly transfer of property in accordance with California law, resolves disputes among family members, if there are any, and settles the decedent's debts and taxes. Probate is generally required in California when a person dies and leaves behind assets in their name alone that exceed a certain value. That minimum value depends on the types of assets and when the person died. For example, estates with financial accounts over $208,850 for decedents who died on or after April 1, 2025 require probate. Certain assets may be able to avoid probate, such as those with designated death beneficiaries or estates held in a living trust. If you are unsure whether your loved one's estate requires probate, speak with a San Mateo probate attorney for guidance. The Probate Process in San Mateo County Probate involves several steps that are carried out by the Executor of the will (or the Administrator of the estate if there is no will). The court will either appoint an Executor who is named in a will or the court will appoint an Administrator where there is no will. Where there is no will, the Probate Code provides an order of priority for appointment as Administrator. The surviving spouse has the highest priority, followed by the decedent’s children. The Executor would follow these general steps to fulfill the probate process: File a petition with the probate court Attend a hearing in which the court appoints the Executor Notify all beneficiaries and creditors of the decedent's passing Inventory the estate assets and seek an appraisal by a court appointed probate referee Review claims against the estate filed by creditors Liquidate assets or borrow money, if necessary, to pay debts Take care of the decedent’s final income taxes Possibly file an income tax return for the estate Pay estate taxes, if needed Petition the court to distribute the remaining assets to the beneficiaries and close the estate A very fast probate process takes a minimum of seven to nine months, although it is quite common for probates to take a year or longer, depending on issues like disputes, tax complications, and many other things that can delay the probate process. The person appointed to act as estate representative may not have any legal experience. Furthermore, the probate process may not follow these steps seamlessly. But the estate representative takes on legal liability and must ensure that they are working in accordance with the law. Working with a San Mateo probate attorney can help Executors and Administrators understand and navigate their duties while adhering to California and federal law. Potential Methods of Avoiding Probate in San Mateo County The most comprehensive way to avoid the need for probate is to have an estate plan in place based on your particular needs. One of the most time tested and flexible tools for avoiding probate is the revocable living trust. You can change your revocable living trust any time you want. A revocable living trust is for more than just planning for death. A properly structured revocable living trust gives you full control of your assets while you’re living and competent, allows your trustee to seamlessly care for you if you become incompetent, and directs how your beneficiaries receive your assets at your death. Not only avoiding the court supervised probate, but also avoiding the need for a court supervised conservatorship if you lose capacity due to an accident or illness. There are other non-probate methods of transferring property at death. For example, if the deceased was married or had joint ownership of any property with another person, their joint owner or spouse may become the sole owner of the property after their death without needing to go through probate. Certain assets may also have beneficiary designations, allowing those assets to avoid probate. These may include: Bank accounts with payable-on-death (POD) designations Stocks and bonds with transfer-on-death (TOD) registrations Life insurance policies and retirement accounts with named beneficiaries In some cases there are simplified processes like a small estate affidavit for estates of relatively lower financial value or spousal property petitions for surviving spouses. For any tool to avoid probate, you need to consider many issues you may not normally consider. For example, a joint tenancy account passes the account to the survivor of the joint owners but what happens to that account if both joint owners die simultaneously? A surviving spouse might want to file a spousal property petition, but what happens if the house was inherited by the deceased spouse and is therefore the deceased spouse’s separate property? Our experienced attorneys can help you explore potential strategies to avoid or streamline the probate process. How Our Estate Planning and Probate Attorneys May Assist You Our San Mateo County probate attorneys provide legal support and guidance to clients throughout San Mateo County, including Redwood City, Atherton, Foster City, and Burlingame. We commonly assist clients with estate planning and probate tasks such as: Determining and advising on the next steps after a person dies Helping a decedent's loved ones evaluate the decedent’s estate planning documents Helping to file the petition for probate to begin the probate process Creating estate plans for clients that would allow their family to avoid the probate process Assisting with trust administration and asset distribution after the grantor of a revocable living trust passes away Ordering property appraisals and asset valuations to assist with capital gains and estate taxes Helping facilitate the distribution of the decedent's assets in accordance with California law, whether those assets are trust assets or non-trust assets Notifying Radiant Probate & Estate Law | Practice Areas Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Practice Areas Home » Practice Areas Legal Guidance You Can Trust Through Life's Most Important Transitions At Radiant Probate & Estate Law, we guide families through some of life’s most difficult legal transitions with compassion, clarity, and decades of legal experience. Whether you're navigating the California probate process, managing a trust, or planning your own estate, we’re here to make the legal path smoother and less overwhelming. Explore our core services below: Schedule Your Free Consultation Probate Administration Losing a loved one is never easy—navigating probate shouldn’t add to the burden. We help executors and administrators carry out their legal responsibilities with confidence, from court filings to asset distribution. Whether you’re facing a simple or complex probate case, we’ll help you move forward with care and clarity. Learn More About Probate Estate Planning Protect your loved ones and preserve your legacy. Our estate planning services include custom wills, revocable living trusts, powers of attorney, and health care directives tailored to your goals. We focus on avoiding probate, minimizing taxes, and ensuring your wishes are followed with peace of mind. Learn More About Wills & Trusts Trust Administration Serving as a trustee can be a demanding responsibility. We advise trustees through every step of the process—from interpreting trust language to managing assets and handling distributions—ensuring compliance with California law and helping you avoid unnecessary risks or disputes. Learn More About Trust Administration Certificates Of Independent Review When an estate plan includes gifts to caregivers or others in a potentially “disqualified” relationship, California law may require a Certificate of Independent Review. We act as the independent attorney reviewing the estate plan, ensuring the gift was not the result of fraud, duress, or undue influence. Our role helps protect the validity of your wishes and reduce future disputes. Learn More About Certificates Need Help Determining Which Path Is Right For You? Schedule a free consultation with Radiant Probate & Estate Law, and let us help you find the right solution—no pressure, just guidance. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top LaCasse, Julian F. | Radiant Probate & Estate Law, Inc. Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Julian F. LaCasse Δ Name This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* Call Julian EMAIL Julian Biography Julian F. LaCasse is an of counsel attorney whose practice focuses on estate, business and tax planning, administration of decedents' estates including trust and probate administration, and various business matters such as creation, administration, governance and succession of entities. To maintain his expertise, Julian presents on these and related topics for CLE seminars hosted by the National Business Institutes and elsewhere. Before joining Radiant Probate & Estate Law, Inc Julian worked at a boutique trust and estates firm for several years, refining his practice by working on planning for and administration of taxable estates. While attending Santa Clara University School of Law, Julian pursued diverse interests through his work in Congress for Representative Sam Farr, a fellowship with former Secretary of Defense Leon Panetta, and publishing online on the topic of bail reform and policy, on his way to earning a Public Interest and Social Justice Law Certificate. Julian is a passionate writer, having published and won awards for poetry and non-fiction while in college at Gonzaga University. As a lifelong and former college athlete, he enjoys maintaining an active lifestyle. When Julian is not working, you can usually find him surfing, cooking, or spending time with his daughter, her mom and their yellow Lab. Education Santa Clara University School of Law , Santa Clara, California J.D. Gonzaga University , Spokane, Washington B.A. - 2012 Honors: Dean's List Major: Writing, Philosophy Bar Admissions California, 2019 Litigation 0% PRACTICE AREAS Estate Planning and Trust Administration 75% Entity Formation, Administration and Succession 25% LANGUAGES English 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Nontraditional Trusts | Palo Alto Estate Planning & Trusts Lawyer Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Finding A Plan That Fits Your Life Home » Practice Areas » Wills And Trusts » Finding A Plan That Fits Your Life Estate Plans To Fit Your Life Estate planning is crucial for everyone, and we know that families come in all shapes and sizes. Not all families fit into the greater society’s expectations of a married couple raising a family together. If you’re not in a traditional married relationship, a solid estate plan can give you rights and protection under the law. We can help create an estate plan that fits your life and helps protect the ones you love. Our lawyer at Radiant Probate & Estate Law, Inc. in Palo Alto, California, is an experienced estate planning attorney, ready to answer all your questions around your estate. Why Is It Important To Have A Plan That Fits You? Without an estate plan, you could find yourself shut out from loved ones’ estates just because you were not officially married. If you have minor children from a previous relationship but no estate plan, your partner may not be appointed a guardian. Your partner could be excluded by your legal heirs from any assets you leave behind. Your partner could even be excluded from your hospital room if they are not named as an agent on your advance health care directive. Our attorneys have experience with clients from all walks of life. They will personally meet with you to discuss and explain: The importance of estate planning, as well as your long-term goals for your estate plan. Estate planning options, including making and coordinating trusts so that your assets can pass in accordance with your personal wishes. The relevance of checking, naming, and updating beneficiaries for IRAs, 401(k) plans, retirement accounts, and life insurance policies, because these assets do not pass under your living trust. Health care directives and making sure you will maintain the legal authority to care for and make crucial decisions for your partner if they become incapacitated. You don’t want to be excluded from making medical and end-of-life decisions. Clarifying guardianship details. This is a crucial issue to cover for couples who are blended families or have single-parent-adopted children. Our attorneys can answer questions and provide the valuable insight that you will need in estate planning. Learn More About Wills And Trusts Issues Visit these pages to learn about special issues that often come up in probate: Answer to common questions about estates What Is A Living Trust Contact A Skilled Attorney Now If you live what may be considered a “nontraditional lifestyle,” an estate plan may be crucial to making sure your loved ones are taken care of. The team at our firm, Radiant Probate & Estate Law, Inc., in Palo Alto, has the knowledge and experience to guide you. Our clients live throughout the San Francisco Bay Area. For an initial consultation, contact us via email or call 650-493-9200 . We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Comments This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Santa Clara County Probate Lawyer | Radiant Estate Law Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Santa Clara County Probate Attorneys Home » Santa Clara County Losing a loved one naturally brings about stress and grief. The loss becomes even more difficult when you have to go through the court-supervised and often cumbersome probate process. That's why you need an experienced probate attorney serving Santa Clara County to guide you through the process. Radiant Probate is a leading probate and estate planning firm in Santa Clara County. Founding Attorney Gadi Zohar has extensive experience with the complex probate process throughout California. His goal is to streamline probate administration so you can settle an estate quickly, while adhering to legal and ethical requirements. Schedule Your Free Consultation When Do You Need To Deal With Probate Court in Santa Clara County? If a resident of Santa Clara County dies with a will (but no trust) or no estate plan at all, in many cases their assets must go through the probate process. If there is a will, the Executor must follow the terms of the will, as well as relevant federal and state laws, as well as local rules of court. If there is no will, the Administrator must follow the California Probate Code for intestate succession, directing the individuals, like a surviving spouse, children or other relatives, who may inherit. Even if someone creates a will, their assets may not go to the beneficiaries without the court signing off on the estate. A probate judge will need to officially settle the estate after the court receives and reviews the necessary documents. Only with a proper court order can the Executor of the will or Administrator of an intestate estate distribute the assets to the beneficiaries in accordance with the law. What To Expect During the Probate Process Settling an estate through probate court can be a lengthy and stressful ordeal. With a Santa Clara County probate attorney on your side, the process is not as cumbersome. And to top if off, personal representatives take on personal legal liability, adding to the stress. If someone has a will when they pass, California probate courts outline the following steps for settling their estate: Validating the will The court must confirm that the will is valid by either (1) proving that the will was executed in accordance with legal formalities, or (2) proving that the will should be admitted despite not conforming with legal formalities. Appointing an executor or administrator The court must recognize one party (sometimes two co-administrators) to serve as the Executor or Administrator. The Executor receives a crucial document called “Letters Testamentary,” which authorizes the personal representative to act on behalf of the estate. This individual is responsible for all legally required tasks and distributing assets to beneficiaries. Inventorying the Estate The sum of the decedent’s assets (real estate, accounts, cars, etc.) must be itemized in an Inventory and Appraisal and the court-appointed appraiser must appraise the assets. The I&A is crucial to determining tax liability, and for beneficiaries to see that the assets are being distributed or sold for a reasonable value. Notifying creditors One of the first things a Santa Clara County probate attorney will advise about is notifying creditors. The estate must stay open for a set period for creditors to collect debts. It is crucial that an Executor send out timely and appropriate notices to creditors in order to give a time limit for claims to be made. Paying off debts and taxes If the decedent's estate owes any money for bills or taxes, it's the Executor's job to pay them, on behalf of the estate. The Executor also has the right to refuse to pay unjust or unproven debts. Likewise, the Executor must pay taxes. Failure to pay debts and taxes properly could result in personal liability to an Executor or Administrator. Distributing assets Once the court has settled the estate, the Executor can carry out the decedent's final wishes and distribute the assets to the beneficiaries. The “long tail” Due to certain tax requirements or other considerations, it is common for an Executor to reserve some money at the end of the process in order to pay costs of “winding down” the estate. Sometimes “winding down” consists primarily of relatively low cost final expenses like court costs and filing a final income tax return for the estate. Other times a significant supplemental property tax assessment is expected, and a larger sum is reserved. It can take as little as 1 month and as long as a year for the winding down of the estate to conclude. This is why we call this period the “long tail” of the probate process. The process typically takes between 12 and 18 months (with the “long tail” following this time period), although individual circumstances may vary. The total timeline typically depends on factors like the size and complexity of the estate, whether the decedent’s income taxes were up-to-date, and if there are any disputes among beneficiaries. Work With Estate Planning Lawyers in Santa Clara County The probate process can be a major source of stress for families after a loved one passes away. To help your family avoid these legal headaches, the estate planning attorneys in Santa Clara County at Radiant Probate & Estate, Inc. are here to help you plan ahead. By setting up a proper estate plan, which often includes a living trust, you can make sure your property passes directly to your heirs without the need for a long, expensive court process. Our friendly legal team will guide you through your options, from writing a simple will to setting up healthcare instructions, so you can have peace of mind knowing your family is taken care of. At Radiant Probate, we not only assist with probate administration but also with the creation of wills and trusts , powers of attorney, and other important estate planning documents. How a Santa Clara County Probate Attorney Can Help Becoming the Executor or Administrator of an estate often presents significant challenges. Most people are unfamiliar with the process and require guidance. At Radiant Probate, we are pleased to assist clients with this challenging process. Our experts can answer questions and provide assistance to Executors and Administrators. Common areas of concern for our clients include: Selling certain assets, such as the deceased's San Jose home, during probate Complying with legal requirements like publishing the probate and notifying the relevant government agencies Paying debts to creditors from the estate Obtaining financing where the estate is bereft of cash and you don’t want to sell assets Filing the proper tax documents for income taxes, property taxes, estate taxes, and other potential tax obligations Appearing in court to represent the estate Juggling these tasks, among others, is overwhelming to just about anyone who is not familiar with the probate process. Working with a Santa Clara County probate attorney helps take the guesswork out of the process. Legal professionals can thoroughly explain the process and the court's expectati Radiant Probate & Estate Law | Practice Areas Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Practice Areas Home » Practice Areas Legal Guidance You Can Trust Through Life's Most Important Transitions At Radiant Probate & Estate Law, we guide families through some of life’s most difficult legal transitions with compassion, clarity, and decades of legal experience. Whether you're navigating the California probate process, managing a trust, or planning your own estate, we’re here to make the legal path smoother and less overwhelming. Explore our core services below: Schedule Your Free Consultation Probate Administration Losing a loved one is never easy—navigating probate shouldn’t add to the burden. We help executors and administrators carry out their legal responsibilities with confidence, from court filings to asset distribution. Whether you’re facing a simple or complex probate case, we’ll help you move forward with care and clarity. Learn More About Probate Estate Planning Protect your loved ones and preserve your legacy. Our estate planning services include custom wills, revocable living trusts, powers of attorney, and health care directives tailored to your goals. We focus on avoiding probate, minimizing taxes, and ensuring your wishes are followed with peace of mind. Learn More About Wills & Trusts Trust Administration Serving as a trustee can be a demanding responsibility. We advise trustees through every step of the process—from interpreting trust language to managing assets and handling distributions—ensuring compliance with California law and helping you avoid unnecessary risks or disputes. Learn More About Trust Administration Certificates Of Independent Review When an estate plan includes gifts to caregivers or others in a potentially “disqualified” relationship, California law may require a Certificate of Independent Review. We act as the independent attorney reviewing the estate plan, ensuring the gift was not the result of fraud, duress, or undue influence. Our role helps protect the validity of your wishes and reduce future disputes. Learn More About Certificates Need Help Determining Which Path Is Right For You? Schedule a free consultation with Radiant Probate & Estate Law, and let us help you find the right solution—no pressure, just guidance. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Radiant Probate & Estate Law | Practice Areas Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Practice Areas Home » Practice Areas Legal Guidance You Can Trust Through Life's Most Important Transitions At Radiant Probate & Estate Law, we guide families through some of life’s most difficult legal transitions with compassion, clarity, and decades of legal experience. Whether you're navigating the California probate process, managing a trust, or planning your own estate, we’re here to make the legal path smoother and less overwhelming. Explore our core services below: Schedule Your Free Consultation Probate Administration Losing a loved one is never easy—navigating probate shouldn’t add to the burden. We help executors and administrators carry out their legal responsibilities with confidence, from court filings to asset distribution. Whether you’re facing a simple or complex probate case, we’ll help you move forward with care and clarity. Learn More About Probate Estate Planning Protect your loved ones and preserve your legacy. Our estate planning services include custom wills, revocable living trusts, powers of attorney, and health care directives tailored to your goals. We focus on avoiding probate, minimizing taxes, and ensuring your wishes are followed with peace of mind. Learn More About Wills & Trusts Trust Administration Serving as a trustee can be a demanding responsibility. We advise trustees through every step of the process—from interpreting trust language to managing assets and handling distributions—ensuring compliance with California law and helping you avoid unnecessary risks or disputes. Learn More About Trust Administration Certificates Of Independent Review When an estate plan includes gifts to caregivers or others in a potentially “disqualified” relationship, California law may require a Certificate of Independent Review. We act as the independent attorney reviewing the estate plan, ensuring the gift was not the result of fraud, duress, or undue influence. Our role helps protect the validity of your wishes and reduce future disputes. Learn More About Certificates Need Help Determining Which Path Is Right For You? Schedule a free consultation with Radiant Probate & Estate Law, and let us help you find the right solution—no pressure, just guidance. We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Phone This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Palo Alto Trust Administration Lawyer | Trustees Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Trust Administration Home » Practice Areas » Trust Administration A Knowledgeable Legal Guide For Trust Administrations As a successor trustee, you have a significant powers and significant responsibilities. Designated by the trust creator as the administrator of a person’s trust, your role includes collecting and controlling the property within the trust, managing the trust’s investments, paying tax obligations and debts, and distributing assets according to the terms of the trust. On top of these responsibilities, you may also need to navigate personal issues with beneficiaries. You may have some initial uncertainty when taking on this responsibility, and guidance from a reliable trust and estate lawyer could prove crucial. Radiant Probate & Estate Law, Inc., in Palo Alto, has the advocates you need. Our attorneys have a comprehensive understanding of trust administration and estate planning law in California. Whether you are a beneficiary who wants to make sure the trust is being administered properly or you are a trustee who wants to make sure you administer the trust properly, we have represented people like you throughout the San Francisco Bay Area since 2011. Many Duties, Many Questions, Solid Advice Living trusts are essential because they allow the trust creator to manage assets while alive and competent, yet they also allow for a relatively seamless takeover of those assets at the incapacity or death of the trust creator. Also, unlike with a will, the trust administration process is designed to avoid the public court-supervised probate process. The person who takes over at the trust creator’s incapacity or death is known as the successor trustee (because in most cases the trust creator is the initial trustee of her or his own trust). The person named as successor trustee must fulfill a number of duties in a process somewhat similar to probate. Some of those tasks include: Reviewing the trust’s terms Organizing the assets of the trust Evaluating and paying the decedent’s just debts and taxes Notifying beneficiaries and government agencies as required by law Maintaining and managing trust property (whether real property or stocks/cash assets), sometimes for many years Selling and/or distributing property to beneficiaries Managing potential disputes, whether with creditors, taxing agencies, or beneficiaries Because trusts are flexible documents, there are many types of trusts with many different terms. On top of that, there are state and federal laws that must be followed in administering trusts. Understanding the successor trustee’s duties and powers can be complicated. It is crucial for successor trustees to gain the legal insight of a skilled attorney who will provide guidance to help ensure you follow the law and the terms of the trust. A complete estate plan often involves both wills and trusts, so working with an attorney knowledgeable in wills and trusts can help ensure your plan is legally sound and tailored to your needs. Learn More About Trust Administration What is Power Of Attorney Schedule A Consultation With A Skilled Estate Administration Attorney Often, a trust can be complicated for successor trustees (the people named to manage the trust assets when the trust creator is no longer able) to understand. This is the time when a skilled estate administration attorney can guide you. Radiant Probate & Estate Law, Inc., in Palo Alto, has a thorough understanding of trust administration. Please contact our firm either online or by calling 650-493-9200 . We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ X/Twitter This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Radiant Probate & Estate Law - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Posts by Radiant Probate & Estate Law Understanding Portability in Estate Planning By Radiant Probate & Estate Law | April 27, 2026 | 0 When a spouse dies, a valuable tax benefit can disappear if crucial steps are missed. Many surviving spouses wonder about the concept of “portability” in estate planning and how it affects their future. This federal tax provision allows a surviving spouse to use any unused estate tax exemption left by their deceased partner, potentially preserving… Read More Seven Estate Planning Strategies To Protect Your Assets By Radiant Probate & Estate Law | April 21, 2026 | 0 You spend decades building your savings, your home, and your investments, and the last thing you want is to watch them slip away because of a lawsuit, a divorce, or a surprise creditor claim. In Santa Clara County, estate planning to protect assets can help prevent problems before they arise. Knowing your options early can… Read More Can Probate Delay Foreclosure? By Radiant Probate & Estate Law | March 30, 2026 | 0 Families managing a loved one’s estate worry about the legal status of the home they owned when mortgage payments fall behind. Clients often ask, “Can probate delay foreclosure in California?” and the answer surprises many people. Probate does not automatically stop foreclosure. Understanding how the two processes interact, however, reveals meaningful strategies that give executors… Read More Do Joint Bank Accounts Go Through Probate? By Radiant Probate & Estate Law | March 30, 2026 | 0 When someone’s estate goes through probate, it can take months before their heirs or designated beneficiaries can receive certain assets. This prompts many people to wonder, “Do joint bank accounts go through probate?” among other questions. This guide has the answer. Learn about the joint bank account probate rules in California, and how they may… Read More Understanding Probate Fees in California By Radiant Probate & Estate Law | February 26, 2026 | 0 What families in Santa Clara and San Mateo Counties need to know — without the confusion. When a loved one passes away owning a home or other assets, one of the first things families want to know is: how much is this going to cost? It’s a reasonable question, and the answer is less scary… Read More What Are Probate Bonds, and When Are They Required? By Radiant Probate & Estate Law | February 23, 2026 | 0 The probate process can be confusing and overwhelming to anyone tasked with managing someone’s estate. One key component that executors, beneficiaries, and heirs should know about is a probate bond. If you’re wondering, “What is a probate bond?” you’ve come to the right place. At Radiant Probate & Estate Law, Inc., we guide clients through… Read More How Are Digital Assets Handled in Probate? By Radiant Probate & Estate Law | February 23, 2026 | 0 When a loved one passes away, their estate may include physical assets like their house, car, and sentimental items. However, in today’s modern world, many people leave behind digital assets that could be subject to probate court. This begs the question: How are digital assets handled in probate? Radiant Probate & Estate Law, Inc. assists… Read More California Probate When There Is a House A Practical Guide for Executors and Families in Santa Clara County By Radiant Probate & Estate Law | February 20, 2026 | 0 Introduction When a loved one passes away owning real property in California—especially in areas like Mountain View, San Jose, or the greater Santa Clara County region—probate is often required before the property can be transferred or sold. For more than 15 years, our practice has focused heavily on court-supervised probate administration. We regularly handle house-rich,… Read More How To Prepare for a Probate Court Hearing By Radiant Probate & Estate Law | January 28, 2026 | 0 Preparing to appear in probate court often feels intimidating, especially if you’re serving as a personal representative for the first time. Radiant Probate & Estate Law, Inc., shares this guide that explains how to prepare for a probate hearing in Santa Clara County. Our probate attorneys support families throughout the California probate process by focusing… Read More What Is Considered Exempt Property in Probate? By Radiant Probate & Estate Law | January 27, 2026 | 0 While going through probate and estate management, you might have several questions for your attorney. However, there is one crucial question that you should ask before beginning the process: What is exempt property in probate? Many people assume that every single one of a person’s assets will be part of their estate. However, the exempt… Read More Older Posts » Search Search Recent Posts Understanding Portability in Estate Planning Seven Estate Planning Strategies To Protect Your Assets Can Probate Delay Foreclosure? Do Joint Bank Accounts Go Through Probate? Understanding Probate Fees in California Recent Comments No comments to show. 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Dealing with Uncooperative Beneficiaries | Palo Alto Probate Attorney Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review Blog Contact 650-493-9200 Get Started Dealing With Uncooperative Beneficiaries Home » Practice Areas » Understanding Probate » Dealing With Uncooperative Beneficiaries Resolving And Avoiding Disputes Among Heirs And Beneficiaries Heirs and beneficiaries of an estate are often caught up in emotions that arise in unique ways when a loved one dies. It might be their grandparent, parent or even a more distant relative or friend. When emotions and estate property come together in a probate, it is not unusual to find that old family issues rise to the surface. If you are the Executor (or Administrator) of an estate, you may be finding yourself in the middle of family difficulties that you never saw coming. Or maybe you were chosen because you are the “peacemaker” who can navigate family factions. You may be in the position of having to eject a sibling from your parents’ home because that sibling has lived in that home rent-free for decades and she or he is unable to accept the fact that they now have to vacate the residence so that you can sell it. This is where the services of our law firm, Radiant Probate & Estate Law, Inc . , can be invaluable. Not only is Gadi Zohar an experienced probate and estate planning lawyer, but he is also a Licensed Marriage and Family Therapist.* In many cases, family relationships can be preserved, and that is always our aim. But in other cases, an Executor simply needs Gadi’s support as he guides them through the difficulty of utilizing the law to deal with uncooperative heirs and beneficiaries. Gadi has guided clients through situations where family members needed to be skillfully handled in order to avoid unnecessary conflict, and in other cases, he has had to help clients deal with family members who were dealing with the grief process in very unfortunate ways. *Gadi Zohar does not provide professional psychotherapy or psychological counseling. A Lot Can Go Sideways Between Heirs And Beneficiaries Our attorneys' experience includes: Helping clients when family members are unhappy with the law or the will: Sometimes relatives have their own idea of what is “right” or what “mom wanted” when it comes to the distribution of assets. Sometimes a decedent may actually have told a surviving relative that the survivor would get more than the decedent really left them. Other times a surviving relative may have misinterpreted the decedent’s words or there is simply no estate plan and the assets are to be distributed as required by law. When a family member has a hard time accepting that they will not be getting what they were expecting, there are both emotional and legal avenues to go down. Navigating these situations is as much an art of human relations as it is a legal process. Helping beneficiaries when they agree that a mistake has been made: Sometimes it really is the decedent who made the mistake, and all the heirs/beneficiaries agree. There are legal procedures for making alternative distributions in such a case – like where a decedent treated all children and stepchildren equally but left one account out of her/his estate planning documents. Under the law, the stepchildren might normally get nothing from that account, but a court can often order alternative distributions in such cases. Using the law to resolve an uncooperative beneficiary’s acts: Despite our hopes otherwise, sometimes the law is the only solution to an uncooperative family member’s unfortunate choices. Our attorneys defend estates in many situations such as: Proving parentage when relatives accused the sole heir of not really being her father’s daughter Evicting relatives or other parties who refuse to leave the decedent’s residence Defending a handwritten will from a relative who accused our client of forging the will Mediated legal settlements to many decedents’ estate disputes Defense of the will and contested will litigation: Having experienced probate attorneys on your side (and by your side) throughout the process means you can turn over the problem of defending the will and representing you as Executor in the event of a will contest (litigation). Because probate is a unique process with strict procedural rules and timelines, having knowledgeable legal counsel is essential when defending a will or responding to contested litigation. Learn More About Probate Issues Visit these pages to learn about special issues that often come up in probate: What to do when there is little or no cash in the estate to pay creditors? Gathering and appraising assets (inventory & appraisal) Contact Our Office If you have been named the Executor of a will or are seeking to become the Administrator of an estate, it makes sense to have a good understanding of what lies ahead of you throughout the probate process. We are able to help with probates in many California counties. Call our office in Palo Alto at 650-493-9200 or contact us by email to arrange a time we can discuss your circumstances. Schedule Your Free Consultation We're Here To Make It Easier For You Start On Your Personalized Estate Plan Today Δ Name This field is for validation purposes and should be left unchanged. First Name (Required) First Last Name (Required) Last Email (Required) Phone (Required) Message (Required) Disclaimer • Privacy Policy (Required) I have read the disclaimer.* 2211 Park Boulevard Unit 10 Palo Alto, California 94306 650-493-9200 [email protected] Quick Links About Blog FAQS Media Room Contact Service Areas Palo Alto San Mateo County Santa Clara County Santa Cruz County Practice Areas Understanding Probate Legal Guidance Probate Administration Estate Planning Trust Administration Certificates of Independent Review © 2025 Radiant Probate & Estate Law, Inc. • All Rights Reserved • Website by The Digital Counsel Disclaimer • Privacy Policy • Sitemap Scroll To Top Why might a guardian ad litem be necessary during probate? - Radiant Probate & Estate Law, Inc Skip to content We are excited to announce that Gadi Zohar, Esq., is now Radiant Probate & Estate Law, Inc.! Gadi and the team look forward to providing you with the same excellent service. Home Practice Areas Understanding Probate Probate Is A Unique Process Dealing With Uncooperative Beneficiaries Where There Is (only) A Will, There Is A Probate What to do when there is little or no cash in an estate Wills And Trusts Answer To Common Questions About Estates Finding A Plan That Fits Your Life What Is A Living Trust Trust Administration Certificates Of Independent Review About Gadi Zohar Julian LaCasse Juan Morales Client Results Areas Served Palo Alto San Mateo County Santa Clara County Santa Cruz County FAQs Estate Planning Law Trust Administration Law Probate Law Certificate of Independent Review