About South San Francisco, California
Located on the San Francisco Peninsula in the San Francisco Bay Area, South San Francisco has a population of about 65,000. A sub-group of the native Ohlone people, the Ramaytush, were the first inhabitants of South San Francisco. The area that is now South San Francisco was part of a Mexican land grant to the Sanchez family in 1827—called Rancho Buri Buri. Today, South San Francisco boasts a park and marina (Oyster Point) that stretches along the shore of San Francisco Bay. Runners, bikers, and walkers can view San Francisco International Airport from the walkways and bike trails adjacent to San Francisco Bay. Kayakers and windsurfers use the Bay to launch their watercraft. Grand Avenue’s downtown area has buildings from the city’s earliest days. A museum in a former Water Company facility on Chestnut Avenue houses a collection that includes historical documents, exhibits, and artifacts related to South San Francisco. From May through November, the South San Francisco Farmer’s Market opens at Orange Memorial Park, offering produce grown only in California. Residents that suffer the loss of a loved one may require a South San Francisco probate attorney. Attorney Mark Gullotta has the experience and skills necessary to serve as your South San Francisco probate attorney.
What Probate Services Does the Law Office of Mark Gullotta Provide?
Whether you are the named executor of a will or you have been appointed by the court as the executor (when there is a will), it can be a difficult, lengthy process for those with no experience. Probate is the judicial process whereby a will is “proved” in court. This means the will is accepted as a valid public document. When there is no will or other estate planning document, the estate will be probated according to California probate laws. Having a South San Francisco probate attorney from the Law Office of Mark Gullotta can make an enormous difference in how the probate progresses.
All too often, there are things that crop up during the process of probate. Disputes over taxes can occur. Ambiguities in the will can lead to family disagreements, and relatives who were not named in the will may make a claim on properties or assets. If no will existed, the decedent’s assets will be distributed according to CA probate law—perhaps in ways the decedent would not have wished, and the heirs are not happy with. If the decedent had unfinished contracts or business deals left incomplete, then these issues must be resolved during the probate process. Property or assets left to a minor could require guardianship. Finally, if an estate was heavily in debt and there are insufficient assets to satisfy creditors, the probate process can turn into a huge burden for the executor.
Having a probate attorney can make the probate process simpler and quicker for all those involved. Family members are allowed the time they need to grieve their loss without having to deal with probate court once a probate attorney is part of the process. When a South San Francisco probate attorney is aboard, family members tend to remain united, rather than engaging in disputes regarding the will—or lack of a will. Finally, probate attorney Mark Gullotta will ensure debts that appear to be manipulated by the creditor are properly challenged.
If there is a will, is probate required?
It depends on many factors. If you are not the executor, but you have the will in your possession, you must provide the executor with the will or lodge it with court. If there is no will, either the court will designate an administrator or a person with an interest in the estate of the decedent will step forward to ask the court to be appointed. As the executor, you have to file the will with the court so probate proceedings can begin. There are certain assets that can be inherited outside of probate such as:
- Assets like bank accounts, life insurance policies, or retirement accounts that have a named beneficiary can be passed to that beneficiary outside of probate.
- A home owned by two or more people as joint tenants gives the other owners the right of survivorship, meaning they inherit the entire property in their name following the death.
- If a transfer-on-death deed exists to real estate, the property can be transferred outside of probate court.
- Property that is held in a living trust can be transferred to beneficiaries without going through probate.
- In the state of California, estates worth $184,500 or less ($166,250 for decdedents dying before April 1, 2022) can go through a simplified probate process, or, in some cases, through an affidavit.
Can you continue to live in a house during probate?
The answer to this question depends largely on how the house is titled, or whether you are living in the house as a tenant (renting or leasing). If you are a tenant, then whatever lease or rental agreement you have in place with the decedent, will likely be honored. If you are a spouse whose name is on the deed, then yes, you can continue living in the house for a period of time. If you are a joint tenant, you become the owner of the house. If you are not a spouse, but the decedent left a transfer-on-death deed in your name, then you own the house outside of probate. If the decedent left you the house in the will, then you will have to wait until probate is completed to be considered the actual owner, but you will likely be allowed to live in the house during probate.
How San Francisco Probate Attorney Mark Gullotta Can Help with Probate
When you need a professional, experienced probate attorney, you need the Law Office of Mark Gullotta. Attorney Mark Gullotta can help you through the probate process in the very best way possible. You can take the time you need to grieve for your loved one without worrying about probate. Mark will help you complete the probate process as efficiently and painlessly as possible. The Law Office of Mark Gullotta offers you knowledge and more than a decade and a half of estate planning and probate experience. We can answer your questions and provide a quick assessment of your probate or estate planning issue. Contact the Law Office of Mark Gullotta today.