ADDITIONAL LEGAL SERVICES
Along with estate planning, our law firm also provides a full range of complementary legal services to support clients through every stage of life and legacy planning. We assist with California probate, Heggstad petitions, business formation and succession planning, and the drafting of prenuptial and postnuptial agreements.
We also guide successor trustees through post-death trust administration, ensuring they understand their duties and complete each step properly and efficiently. Our goal is to provide clear direction, reduce stress, and deliver dependable legal support when it matters most.
Probate
Probate is the legal process of settling a person’s affairs after death, including identifying assets, paying debts, and distributing property to heirs and beneficiaries. In California, probate is typically required when an individual dies without a will or with only a will and no living trust, as the court must oversee and validate the distribution of the estate. Probate takes place in the Superior Court of the county where the decedent lived at the time of death, and the process may be initiated by a family member, a non-relative, or even a creditor. All proceedings follow the requirements of the California Probate Code.
At Michael W. Brown, LLP, we regularly handle probate matters in San Bernardino County, Riverside County, Los Angeles County and San Diego and we are also available to assist with cases in other California counties. Our firm provides clear guidance and experienced support throughout every stage of the probate process.
Heggstad Petition
A Heggstad petition is a legal procedur in California that allows assets to be transferred into a trust without full probate when the decedent clearly intended those assets to be part of the trust, even if they were never formally titled in it. This process can save significant time and expense during trust administration.
Our firm assists clients in preparing and filing Heggstad petitions by carefully reviewing trust documents, supporting evidence, and property records to present a strong case to the court. We work to simplify the process and ensure the decedent’s intentions are carried out efficiently.
Business Planning
Our firm provides comprehensive business planning services, including the formation of California LLCs. We guide clients through each step of establishing their business—selecting the appropriate entity type, preparing formation documents, filing with the Secretary of State, and ensuring ongoing compliance. Whether you’re starting a new venture or restructuring an existing one, we help lay a strong legal foundation to protect your interests and support long-term growth.
Post-Death Trust Administration
When a settlor passes away, the successor trustee must manage and distribute the trust according to its terms and California law. This process can still be complex, involving important legal and administrative steps that must be completed properly and within specific timelines. Post-death trust administration typically includes providing required notices to beneficiaries and heirs-at-law, and ensuring distributions are carried out in accordance with the trust.
Our firm guides successor trustees through their responsibilities with clear, practical direction. We help trustees understand legal requirements, prepare necessary notices, and navigate key decisions so they can administer the trust confidently and efficiently while honoring the settlor’s intent.
Prenuptial & Postnuptial Agreements
Prenuptial and postnuptial agreements are legally binding contracts that help couples decide how their assets, property, and finances will be handled if they separate. A prenup is created before marriage, while a postnup is created after the marriage begins. Both provide clarity and help reduce future conflict by setting clear expectations.
These agreements can cover property ownership, business interests, debt, spousal support, and other financial matters. They are also helpful when a couple’s circumstances change, such as gaining new assets or shifting financial priorities and can be used to update an existing agreement. They offer a simple way for couples to stay organized and protect their interests throughout the marriage.
Estate Tax
Estate tax planning in California focuses on organizing your assets to reduce or avoid federal estate tax, since the state does not have its own estate or inheritance tax. This planning may include using trusts, lifetime gifts, and proper asset titling to help preserve wealth and ensure your wishes are carried out.
If an estate exceeds the federal exemption amount, the executor must file IRS Form 706 to report assets, debts, and deductions. Even without a state estate tax, this process can be complex. Proper planning helps simplify the filing, ensure compliance, and make the transfer of assets to beneficiaries smoother.
DISCLAIMER:
The information on this website is for general informational purposes only and is not legal advice. Viewing this site does not create an attorney–client relationship. Laws vary and depend on specific circumstances, so you should consult a qualified attorney for advice regarding your individual situation.