Frequently asked questions
In order to receive a quote, you may contact the office by calling us at 415-483-5108 or emailing us at info@melissahoffmanlaw.com.
When a loved-one passes with or without a will, their estate will be probated through a local court of law.
When someone passes with a will, there is a process by which the will is filed with the court in an attempt to establish that the will was their true last testament of what happens to their estate and their final wishes.
If they do not have a will, the probate court will determine who is entitled to their estate according to intestate laws of California.
Probate can be very challenging and difficult, but it does not need to be with our assistance. Whether you are a relative who is appointed to represent your deceased family member, or an heir, I will assist you through the probate process.
We currently accept cash or check.
Probate
A probate attorney assists the executor or administrator of their family member’s estate during the probate process. The probate process will be different depending on whether or not the deceased had a Will. If they had a Will, then they are said to have died “testate.” If they did not have a Will, then they are said to have died “intestate.” It is important to know whether or not the deceased had a Will because the Probate process will be very different. We will handle this for you.
If a person has a Will (testate): Probate is the legal process whereby a person’s Will is “proved” in probate court and accepted as a valid public document as the deceased’s true last testament. Once the Will is accepted by the court, then the person’s estate is distributed according to their wishes as stated in the Will. This is not as easy as it seems. In order to comply with the court in a Probate proceeding, Hoffman Law, Inc. may provide the following services, among others: 1) Review the Will; 2) Advise the executor of the Will as to the proper steps to take in order to manage the estate for court purposes; 3) Assist in locating the estate’s assets; 4) Prepare and file documents as required by Probate court; 5) Attend court appearances; and 6) Distribute the estate assets as ordered by the court.
If a person did not have a Will (intestate): When a person dies without a Will, then their estate assets are distributed according to California’s intestate laws. In this situation, Hoffman Law would assist the administrator of the estate in the following, among others: 1) Collect (also called “marshalling”) the estate’s assets; 2) Prepare and file documents as required by Probate court; 3) Open the estate bank account; 4) Attend court appearances; and 5) Distribute the estate assets as ordered by the court.
ESTATE PLANNING
When you begin to undergo the process of establishing your estate plan, it can seem rather daunting and overwhelming. Do I need a Trust or just a Will? What assets do I put in my Trust? Who should get grandma’s fine china? Do I need Powers of Attorney? Who will be the guardian for my minor children?
We have a finely polished Questionnaire that will help you with this thought process. Hoffman Law will assist you with this Questionnaire. Once these important decisions are made, we will prepare your estate plan which may include the following:
- The Revocable Trust Agreement;
- “A Pour-Over” Will;
- A Certificate of Trust;
- A Durable Power of Attorney for Finances;
- An Advanced Healthcare Directive;
- Deed(s) to transfer your real property into the Trust;
- HIPAA Waivers; and
- Instructions on how to transfer assets to the Trust.
If you already have an Estate Plan in place, Hoffman Law will review your current plan and will provide advice as to whether changes can or should be made depending on the current laws, trends and your wishes.
CIVIL LITIGATION
Handling litigation (or pre-litigation) can be very fact driven as to what happens next. We will discuss your situation and provide legal options that you may have. Should a civil lawsuit need to be filed, we will advise you as to the necessary steps and costs associated with filing a lawsuit – well before one is filed.
We take keeping our clients informed about their matter as soon as possible. You can expect us to contact you about your case via written communication, electronic mail, text and telephone.
You may contact the office by calling us at 415-483-5108 or emailing us at info@melissahoffmanlaw.com.
Navigating the legal system can be confusing and usually requires expert knowledge in order accomplish your needs. Many times, people will use the self-help method in order to save money. That is when problems can arise because they make mistakes that may not be discovered for years and then can cost much more to remedy, if possible.
Estate planning is the process by which documents are created which state how their estate will be distributed. It also is the process by which people manage their assets and healthcare decisions during their lives.
Many people delay planning how they will manage their assets during their life and how they will dispose of their assets after death. Do not wait until it is too late. It is NEVER too early to plan for your future and protect your assets and your family.
Too frequently, individuals associate having an estate plan is for the wealthy. That is an incorrect assumption.
In addition to asset management, minimizing gift, estate, generation skipping transfer, and income tax, estate planning also includes preparing for incapacity and avoiding probate or limiting the issues that may arise during the probate process. If you do not take control of your assets and your care should you become incapacitated, that responsibility may rest on the shoulders of family or a stranger appointed by the State. No one wants their care to be determined by a stranger who does not know them or their wishes.
I will help guide you through the planning devices you may need and those that may be best for your situation whether you need a Trust and supporting documents or a simple Will and powers of attorney.
Civil Litigation covers a wide variety of issues including Personal Injury, Workers’ Compensation, Wrongful Death, Medical Malpractice, amongst other areas of law.
Generally speaking, civil litigation is a legal dispute between two or more persons and/or entities who seek monetary damages or performance under a contract. Many times, attorneys represent clients from the inception of the matter through trial.
While each person has the right to represent themselves in a civil lawsuit, that responsibility comes with a plethora of laws and rules which must be followed. This can be overbearing for the injured party.
After eleven years of fighting for justice, Hoffman Law, Inc. has a proven track record of successfully resolving disputes. Let Hoffman Law, Inc. assist you when issues become too complex to manage on your own. If you feel you have been wronged or are defending yourself, Hoffman Law can represent you and guide you through the process.
Our website address is: http:.www.hoffmanlawinc.com
Effective Date: March 17, 2019
Thank you for visiting Hoffman Law, Inc.
Hoffman Law, Inc. (“Hoffman Law, Inc.”, “we”, “us” or “our”) respects your privacy. When it comes to your personal information, we believe in transparency, not surprises. That’s why we’ve set out here what personal information we collect, if any, what we do with it and your choices and rights.
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We do not collect personal information about you unless you choose to provide that information to us or you choose a service on this website where gathering personal information is necessary to deliver the specific services (such as sending us an email containing your personal information). But use of those services is entirely voluntary.
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If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 415-483-5108 or via email at info@melissahoffmanlaw.com.
