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Get Help from a Santa Rosa Probate Attorney

Losing a loved one is never easy, and handling affairs afterwards can seem daunting during such an emotional time. Probate administration is a very technical process that requires knowledge and counsel. As an experienced Santa Rosa probate lawyer at the Law Office of James A. Zakasky, I have helped many people through the probate process. I can guide you through the legalities during this difficult time, allowing you to focus on mourning the loss of your loved one.

Do you need help with probate administration? Call today for a free case evaluation.

What Is Involved in Probate Administration?

Probate administration involves the legal distribution of a decedent’s estate, either with or without a will. The decedent sometimes will name an executor—a person who is to be in charge of the administering—in his or her will. It is the executor’s job to ensure that all of the legalities are completed and the loved one’s will is adhered to.

The process of probate administration is typically broken up into three actions:

1. Asset collection, inventory, and appraisal
2. Paying debts and taxes owed
3. Distributing remaining assets to the beneficiaries

While collecting assets, an executor should be aware of collecting things like bonds, checkbook and reoccurring payments, personal papers, and various account information. If the taxes or debt that is owed exceeds what was left in the estate, the executor can sell assets in order to make up for what is owed. After all of the assets are accounted for and debts are paid, the executor may distribute the rest of the estate to the beneficiaries in accordance to what the will requested.

After all three actions of the estate administration have been completed, the executor must provide written proof to the court that states that all of the debts have been paid and assets distributed. This written proof is the final step and the estate will be closed afterwards.

Probate Guidance Is Just a Phone Call Away!

If you are struggling with the steps involved in probate administration, my firm can help. I have over a decade of experience as a Santa Rosa probate attorney. I am dedicated to delivering personalized strategies that are based on your individualized needs. I know that losing a loved one is difficult, which is why I treat all of my clients with compassion and patience. Probate is not something you have to go through alone. I will be there to assist you through every step of the process.

If you are in Santa Rosa and are in need of an experienced probate lawyer,call the Law Office of James A. Zakasky at (707) 595-1148 today.

Dedicated Santa Rosa Probate & Estate Planning Attorney, Call (707) 595-1148

When choosing for a law firm to handle your legal matter, you need to choose wisely. The firm you select has a direct effect on your case – not to mention your life. You need an experienced lawyer who has your best interests in mind and who genuinely cares about your future.

You need Attorney James A. Zakasky, an experienced Santa Rosa lawyer and founder of the Law Office of James A. Zakasky. I handle a range of legal cases, including estate planning and matters related to wills, trusts, and probate. No matter how difficult your case may seem, you can feel confident in knowing that I will work hard to provide cost-effective solutions that give you much needed peace of mind.

Learn how I can help you.
Call me for a free case evaluation.

What qualifies my firm to handle your case?

• I have more than a decade of experience
• I truly care about my clients and wish to provide them with reliable step-by-step guidance
• I deliver personalized strategies tailored to fit your situation
• I treat all my clients with respect and compassion

One-on-One Counsel & Effective Solutions

I realize that unresolved legal matters can be stressful, especially when your assets and finances are involved. This is why I strive to provide the highest quality counsel possible. No two cases are alike, so I work one-on-one with clients to make sure I completely understand their needs and goals. My efforts to deliver top-notch legal services have resulted in many positive outcomes for my clients.

Ready to move forward? Call me for a free case review!

The sooner I hear from you, the sooner I can get started working on your case, bringing you one step closer to a favorable outcome. You don’t have to face this difficult situation alone. I will personally take care of all the legal aspects so you can focus on your loved ones.

Please give me a call at your earliest convenience.
I look forward to speaking with you!

Our Santa Rosa Probate Attorney Can Help

When one of your loved ones passes away, almost nothing can be more heartbreaking than knowing that their trust and last wishes were not honored. If a person creates a will, they appoint someone—it could be a lawyer, a company, or even a family member—in control of their estate. This trustee, also known as fiduciary, is responsible for making sure the deceased’s wishes are honored and the estate is distributed as indicated. If you have reason to believe that the trustee has not loyally honored their duty, you should take legal action. As an experienced Santa Rosa probate attorney, I, Attorney James A. Zakasky, can help to make sure your loved one’s wishes are fulfilled.

Call the Law Office of James A. Zakasky for a free evaluation!

How to Recognize if a Trustee Has Breached Their Duty

If you aren’t sure what constitutes a breach in duties, it can be tricky trying to proceed legally. Most people don’t want to make accusations, especially if the matter involves family members.

Here are some common scenarios that determined a trustee breached their duties:

• If the trustee combines their own finances with the estate, it constitutes a breach. Finance records should be kept separate and there should be a clear distinction between finances.
• Because of conflict of interest, a trustee may use personal reasons and explanations to act in a way that goes against the wishes of the deceased. They may also use these reasons to benefit themselves in the distribution.
• If the trustee does not stop a co-trustee or another party from contradicting the wishes of the deceased or acting in a way that breaches the trust, the trustee could still be held responsible

To file a breach of trust against a trustee, you generally must do so within a year of the incident. If the court finds the breach of fiduciary duty to be accurate, the trustee may be subject to removal from the position, ordered to pay fines, and/or compensate the beneficiaries hurt by the actions.

Need Help Protecting an Estate? Call My Firm!

I understand how upsetting the death of a loved one can be, which is why I treat each client with the utmost compassion and respect. If someone has breached a love one’s trust, I can help you get the protection and justice you need. I have more than a decade of experience handling probate cases and provide step-by-step guidance through your estate law needs. Let the Law Office of James A. Zakasky help you during your time of grief.

If you are in need of Santa Rosa probate attorney, call (707)450-1439 today!

The Federal Estate Tax deduction or the amount that you can keep from the transfer of property that someone leaves to you after they die in the year 2016 is $5,450,000.00. Anything over that amount is taxed at 40%!

For Example: if your Mother leaves you $10 Million Dollars than the first $5.45 Million is exempt but the remaining $4.55 Million would be taxed at %40 which would leave you a tax bill of $1,820,000.00.

Federal Tax Exemption Table

Year                                                                                                                       Exemption Amount

2015                                                                                                                       $5,430,000.00.

2014                                                                                                                       $5,340,000.00.

2013                                                                                                                       $5,250,000.00.

2010-2011                                                                                                            $5,000,000.00.

2009                                                                                                                       $3,500,000.00.

2006-2008                                                                                                            $2,000,000.00.

2004-2005                                                                                                            $1,500,000.00

The Federal Gift Tax Exemption

The Federal Government allows gifts of property to family members and loved ones in the amount of $14,000.00 Dollars per year per spouse for tax year 2016.

For Example: You can give your grandson $14K without having to pay a tax on the gift and he will not have to pay a tax on the amount that he receives in tax year 2016. If you die within the next three years that amount and all gifts that you made within the last three years will be added and deducted from the total Exemption Value of $5.45 Million. So if you gave One Million in Gifts that Million will be reduced from the overall exemption leaving you only $4.45 Million left in Exemptions.

Federal Gift Tax Exemptions

Year                                                                                                        Federal Gift Tax Exemption

2013-2016                                                                                                         $14,000.00

2009-2012                                                                                                          $13,000.00

2006-2008                                                                                                          $12,000.00

2004-2005                                                                                                           $11,000.00

How will Medicare work for me?

Eligibility

Medicare is the Federal Medical insurance plan that covers US Citizens and Residents that are age 65. If you are eligible for Social Security or Railroad Board benefits or if you are receiving benefits from either than you meet the standards for Medicare. If you are under 65 and you are receiving disability payments, you may also be eligible for Medicare. If you have ALS Lou Gehrig’s Disease you are eligible for Medicare.  If you have End Stage Renal Disease you are eligible for Medicare part A.

What does Medicare Cover?

Part A Medicare

Medicare part A covers Hospital Stays. This includes inpatient hospital care, skilled nursing facility, hospice, lab tests, surgery, and home health care. Please be aware that there are limits for the amount of days that you may stay at the hospital depending on the facility and the treatment. Home Health Care is NOT 24/7 care assistance it is extremely limited.

Part B Medicare

Medicare part B is the overall medical health insurance that includes doctor and other health care providers’ services, outpatient care, durable medical equipment, home health care, and some preventive services. Services can be very limited depending on provider and treatment plan.

What Medicare Parts A and B does not cover?

• Long Term Care
• Most dental care
• Eye examinations related to prescribing glasses
• Dentures
• Cosmetic surgery
• Acupuncture
• Hearing aids and exams for fitting them
• Routine foot care

Medicare Part C

Supplemental insurance for an additional premium that gives limited coverage.

Medicare Part D

Prescription Drug Coverage

For more information:

 www.medicare.gov

Fifteen States and the district of Columbia have an Estate Tax, and six states have an inheritance tax. If you live in Maryland and New Jersey you are levied with three forms of death tax, Federal, State Estate and State Inheritance…Ouch!

State Estate Tax                                  Over                            Percentage Tax

Washington                                         2.054 Mil                           10-20%

Oregon                                                1 Mil                                   1-16%

Hawaii                                                 5.43 Mil                            .8-16%

Minnesota                                           1.4 Mil                                9-16%

Illinois                                                 4 Mil                                  .8-16%

Tennessee                                            5 Mil                                  5.5-9.5%

New York                                            3.125 Mil                           3.06-16%

Massachusetts                                     1.0 Mil                                  .8-16%

Rhode Island                                       1.5 Mil                                  .8-16%

Connecticut                                         2.0 Mil                                 7.2-12%

Delaware                                            5.43 Mil                                .8-16%

District of Columbia                          5.43 Mil                                .8-16%

State Inheritance Tax – No Exemption Amount

Nebraska                                                                                             1-18%

Iowa                                                                                                    0-15%

Kentucky                                                                                              0-16%

Pennsylvania                                                                                       0-15%

State Estate and Inheritance Tax

Over                %Estate        %Inheritance

Maryland                                            1.5 mil             16%                   0-10%

New Jersey                                          675K              .8-16%               0-16%

Inheritance, State and Federal Death Taxes are incredibly expensive to administer and have resulted in lower family business continuation and jobs.

For More Information:

https://taxfoundation.org/