Indian Wells Probate Attorney2023-03-02T16:30:37+00:00

Indian Wells Probate Lawyer

Indian Wells Practice Areas

It’s difficult enough to lose a loved one; dealing with the subsequent legal proceedings that follow can prove to be an additional strain. When things are left unsettled, however, it can make grieving even harder. The legal process can get complicated and consuming. The best thing someone can do to help their loved ones is to prepare in advance for their own passing before the time comes. Hiring an estate planning lawyer ensures that all the details are covered, reducing issues of questions or divergences following their passing.

While a will answers a lot of questions, there is still the process of probating, which is handled in probate court in Indian Wells. This can be a complicated predicament that takes time and interferes with grieving if approached haphazardly. Whether you need an Indian Wells estate planning lawyer or you need assistance with the probate court, Bochnewich Law Offices can offer guidance, experience, and expertise to simplify the process for you.

Indian Wells Probate Lawyer

Committed Indian Wells Estate Planning Attorney

The staff of Bochnewich Law Offices works hard for their clients, making a personal commitment to put the needs of their clients first. Their responsive and personalized approach to property and estate planning is one of their strong points. This, along with the passion, honor, and experience their estate planning attorneys bring to the table, contributes to their many positive outcomes in court and happy clients for whom they have claimed millions of dollars in court.

What Is the Purpose of Probate Court?

The primary purpose of the probate court is to settle the final estate of those who pass away, whether or not there was a will. When there is no will, many of the determinations a will would otherwise make are left in the hands of the court to decide on. The probate court’s job includes legitimizing a will, estimating the worth of an estate, determining beneficiaries or heirs, whether named in a will or not, dissolving the remaining financial responsibilities of the estate, and finalizing the transfer of assets to recipients.

How to Minimize or Avoid Probate

There are a few ways to avoid probate, but that doesn’t mean you won’t need a probate attorney. In some instances, beneficiaries can use the state’s simplified process for transferring personal property, but certain assets can and cannot be included. Alternatively, some individuals are eligible for transfer via an affidavit. While you do not legally require an estate planning attorney to file either of these, it is highly beneficial to have assistance in making sure you file the right paperwork to the right court offices. An experienced estate planning lawyer can advise you on the best route for your situation.

In general, you can avoid probate court with the following:

  • Assets with predetermined beneficiaries, such as an insurance policy, retirement account, or bank account
  • Assets in which there is joint ownership
  • Assets with transfer-on-death or payable-on-death beneficiaries
  • Assets in a living trust
  • Social Security survivor benefits or dependent of a deceased veteran benefits
  • Estates with a value of less than $166,250

In many instances, mediation can save time and money and bring about agreements and solutions to common issues that arise between heirs. By hiring an Indian Wells probate lawyer with the proper experience and knowledge, it can be much easier to navigate the probate system from beginning to end. Bochnewich Law Offices have mediated many cases successfully, saving their clients time, money, and undue stress within their families.

What Is the Average Cost of a Will in Indian Wells?

The cost of a will depends on your unique situation, how complicated it is, whether a lawyer charges by the hour or by the task, and the rate or fee your lawyer charges. A simple will can cost as little as $300 or as much as $1,500.

Some estate planning attorneys charge by the hour, while some charge by the task. This varies across firms. Furthermore, attorney hourly rates can also vary significantly. Experienced and well-established lawyers typically have a higher hourly rate than less seasoned attorneys.

Duties of an Indian Wells Probate Lawyer

When it comes to estate planning, people often require more than just a will. The other beneficial directives with which an Indian Wells probate lawyer can fulfill or assist include the following:

  • Power of attorney
  • Advance directives, such as a living will
  • Living trust
  • Trust administration
  • Trust litigation
  • Establishing an estate representative, inventory of property, and other tasks
  • Assisting with financial obligations and tax filings
  • Overseeing the dissemination of assets
  • Locating heirs or family
  • Challenging disputes
  • Providing representation if needed
  • Facilitating mediation
  • Providing support in such instances as wrongful death

What Happens in Probate Court

The probate court reviews the evidence and documents submitted to determine their validity and get familiar with the case. If a situation requires a will to be probated, the judge authenticates the will and names the executor as set forth in the terms of the will. If there is no will, and the estate needs to be determined, an administrator is appointed to act as a representative to collect assets, pay expenses and debts, and distribute assets to beneficiaries.

The court may also anticipate disputes that may arise regarding the distribution of assets and handle them accordingly. The judge also makes sure outstanding expenses and debts are paid prior to distributing assets. This must all be done under the supervision of the probate court and can take anywhere from nine months to a year and a half or more.

Experienced Indian Wells Probate Lawyer

If you are considering hiring an estate planning attorney, contact Bochnewich Law Offices and save your family the pains of unnecessary litigation later. Ensure your final wishes are carried out as you want them to be and that there are no disagreements among your loved ones after you pass away. If someone you love recently passed away without a will, our Indian Wells probate attorneys can advise you and represent you. Don’t go through the process alone; we can help you do it fast, simply, and quickly.

Peter Bochnewich
Quotation Mark

I can’t say enough great things about this attorney.

I have to say that Peter is also an unusual attorney in that he is compassionate and has a sense of what is just and appropriate; he will be honest and forthright with his client, but will absolutely fight to right a perceived injustice.

More About Peter




Go to Top