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.

Let Hoffman Law represent you and guide you through the process.

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:

1. The Revocable Trust Agreement;
2. “A Pour-Over” Will;
3. A Certificate of Trust;
4. A Durable Power of Attorney for Finances;
5. An Advanced Healthcare Directive;
6. Deed(s) to transfer your real property into the Trust;
7. HIPAA Waivers; and
8. 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 advise as to whether changes can or should be made depending on the current laws and trends.

Let Hoffman Law prepare or amend your estate plan to protect your assets.

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.

Let Hoffman Law represent you and stand up for your rights. 

WORKERS’ COMPENSATION

Workers’ Compensation is the area of law that deals with injured workers.  There are times when your employer has not stepped up to the plate and provided you with medical treatment and disability benefits should you not be able to work, and should they not be able to offer you modified work.

Should this happen to you, navigating the Workers’ Compensation system and dealing with insurance adjusters can be stressful, confusing and not helpful.  This is where Hoffman Law can assist you by performing the following services:

1. File a formation complaint called an Application with the California Workers’ Compensation Appeals Board and serve that on your employer and their insurance adjuster;
2. Work on finding you a doctor to treat your injury;
3. Work on getting you disability benefits, if applicable;
4. Defending you at your deposition and at court hearings;
5. Obtaining a neutral Qualified Medical Doctor for an evaluation; and
6. Settling your case or going to trial depending on your situation.

Don’t let your injury go untreated just because the system is not cooperating with you – call Hoffman Law.