Practice Areas

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  • PROBATE:

    Do you have questions about the ** process?  Do you  need to probate an estate?  Mr. Camarena has over 10 years of experience in probate.  In some instances, a declaration and a death certificate is all you need to avoid probate.  Probate can also be avoided if title to property is in “joint tenancy” or subject to a “beneficiary designation.”  Ask Mr. Camarena for an initial Free Consultation to learn you options.

  • ESTATE PLANNING:

    Every competent attorney will include a **, pour-over will, power of attorney and an advanced health care directive in your estate plan. A trust has many ** over a will.

  • WILLS:

    If cost is a factor, a will can be prepared for you at a low cost.

  • REMOVAL OF SUCCESSOR TRUSTEE: 

    Dissatisfied with the management of an estate by a successor trustee or executor?  Under some circumstances they can be removed.  Contact Mr. Camarena for an initial Free Consultation.

  • CIVIL LITIGATION: 

    Don’t sit on your rights.  If you have been harmed and do nothing, a statute of limitations may lapse barring you from recovering for the harm.  If you have been sued, you will lose your right to challenge the lawsuit if you fail to file with the court a proper response.  Consult Mr. Camarena to protect your rights.

  • CONTRACTS:

    Put it in writing.  Whether you are selling a business, settling a dispute, buying property,or sharing payment obligations, you should put it in writing and reduce it to a clear and concise legally binding contract to avoid the uncertainties created by oral contracts (oral contracts in many instances are valid).

  • CONTRACT REVIEW/LEASE REVIEW:

    Have Mr. Camarena review your contract to tell you what the fine print says.  Mr. Camarena can advise whether you have a claim for breach of contract.  Contact Mr. Camarena before you enter into an agreement to be sure it says and means what you want it to say and mean.

  • EVICTIONS: 

    Mr. Camarena has handled evictions for landlords and for tenants.  Free Consultation to learn your rights.

  • BUSINESS FORMATION: 

    Forming a Corporation, Limited Liability Company (LLC) or Partnerships? Received a letter from the California Secretary of State about your business entity?  Mr. Camarena can form the business entity that you want and provide the Secretary of State what it needs.

  • TRADEMARKS: 

    Want to file a Trademark application with the United States Patent and Trademark Office (USPTO)?  Mr. Camarena has successful completed trademark applications to the USPTO and can do so for you at a moderate cost.

 

“Probate” is a court proceeding to manage and distribute the property a deceased person. In a probate proceeding the court will appoint a personal representative (called the “executor” if there is a will, or the “administrator” if there is no will) to manage the property of the decedent. The executor that you name in your will has no power or authority until a court grants those powers in a probate proceeding.
A “trust,” in the estate planning context, is an arrangement under which an owner of property transfers legal title to property to a person called the “trustee”, who holds the legal title to property for another person, called a beneficiary. You can be the trustee and beneficiary of your own living trust, keeping full control over all property held in trust. Trusts can be arranged in many ways, so that when you die your property can pass to beneficiaries that you name, just like a will, but without the need for a probate proceeding.
A trust and estate plan have the following advantages over a simple will or no will at all:

1. AVOID PROBATE. Upon your death your chosen successor trustee can manage and distribute your property without the involvement of a probate court which makes it easier for your successor trustee to administer your estate.

2. AVOID THE COSTS OF PROBATE. The biggest cost of probate is the attorney fees and fees payable to the court appointed executor or administrator. For an estate valued at $600,000, that cost will be $30,000, payable before any distribution to your heirs and beneficiaries. Probate costs such as the probate petition filing fee (currently $435), publication in a local newspaper of the Notice of Petition to Administer Estate, probate referee fee and petition for final distribution (another $435) are usually avoided if you have a trust.

3. IMMEDIATE MANAGEMENT AUTHORITY BY YOUR SUCCESSOR. Upon your death, your nominated successor trustee has the authority to immediately manage your property. In a probate proceeding, it usually takes 30 to 60 days for the court to appoint an executor or administrator for your estate.

4. PRESERVE YOUR PRIVACY. A trust has the advantage of privacy. Your personal information about your property, property values, and distributions to beneficiaries are not public record. In a probate proceeding, this information is public record for all to see.

5. NO ANCILLARY COURT PROCEEDING NEEDED. If you die owning land in a state other than California, without a trust, your executor or administrator will have to start a probate court proceeding in the other state to transfer title to your heirs or beneficiaries. With a trust, your successor trustee will have the authority to distribute out-of-state land to your beneficiaries without a probate proceeding in the other state.
6. NO CONSERVATORSHIP NECESSARY. A conservatorship is a court proceeding to appoint a person who will manage your property and/or your health, welfare and safety, if you become mentally or physically unable to act for yourself. If you have a trust, a conservatorship becomes unnecessary to handle your financial affairs, as your prenominated Trustee will step in on your behalf.

7. NO GUARDIANSHIP OF ESTATE NEEDED FOR MINOR CHILDREN. Should you die without a trust and leaving minor children, a court guardianship proceeding is likely necessary to appoint a guardian to care for your children’s inherited property. With a trust, the need for a guardian for minors receiving property from your trust is eliminated. The trust will provide that your property remain in trust and not be distributed to minor beneficiaries until the minor has reached the age of majority or however and whenever you determine distribution should be made. Again, the successor Trustee you have chosen, usually a trusted family member, will act in your shoes and will administer the property according to your wishes.