top of page
White Background

Frequently Asked Questions

How do I know that the Broderick Legal Group is right for me?

Our team is led by a Certified Specialist in Estate Planning, Trust and Probate Law, certified by the California Board of Legal Specialization. As a firm, we are passionate about helping our clients through their legal journey as quickly and as smoothly as possible.

What is The Broderick Legal Group's area of practice?

Our areas of practice include: - Estate Planning, Wills and Trusts (including Special Needs Trusts) - Probate of Estates - Non-probate transfers of decedents’ estates, including advice on Trust Administration and Accounting - Forming and advising business entities, including Corporations, Limited Liability Companies (LLCs), and Limited Partnerships - Real Property and leasing issues, including Agricultural Leases - Working with closely held companies in developing succession plans - Conservatorships and Guardianships - Litigation related to the foregoing areas of law

Where is The Broderick Legal Group located?

We are located at 1150 Ninth Street, Modesto, CA 95354 in the Double Tree, Suite 1430.

What is probate?

Probate is the court process by which a judge with vested authority determines what happens to a deceased person's assets when there is no trust in place. The Broderick Legal Group, led by a Certified Specialist in this area, is here to support you through this complex and time-consuming process. Call or email us today to set up a consultation!

What must be done before probate can be opened?

The probate must be published in a newspaper three times, a petition for probate must be filed with the court, and a filing fee must be paid. If the decedent has a will, notice must be sent to everybody in the will and all family members that are next of kin. While all this might sound confusing, we are here to help you through this process with expert and professional guidance. Call or email us today to get an initial consultation set up.

Does the probate process cost money?

Probate has set statutory fees that are paid to both the attorney and the executor: 4% of the first $100,000 in assets, 3% of the second $100,000, 2% of the next $800,000, 1% of the next $9 Million, and 0.5% of the next $15 million.

How can I avoid probate?

Setting up a trust is the best way to avoid both the fees and process of probate. Anything that is in a trust does not have to go to probate, meaning you don't have to go to probate court, you don't have to publish in a newspaper three times, you don't have to wait four months for the creditors, and you don't have to pay all the statutory fees. If you pass away, all your successor would have to do is attach a death certificate to an affidavit, go in front of a legitimate notary, and get their stamp and signature. After that, the assets in the trust are split up the way that you want. Call or email today to set up your initial consultation with us!

Is there a threshold for what is probated?

As of 2023, it is at $184,500. This means that if the assets exceed that value and there is no trust, they must be probated.

Are there different types of trusts?

A regular trust, also known as a living trust, is such that when somebody dies or becomes incapacitated, the trust at that point becomes fixed and irrevocable. This means it can't be changed or amended. A revocable trust is labeled as such because it can be revoked or changed.

How long does probate take?

For extremely small estates, it may take only months, but for large estates, it could take years as it is public and can be contested.

What assets go though probate?

Typically, a person’s entire estate, i.e. everything they own, will go through probate, but there are some exceptions. Life insurance policies, bank accounts, and retirement funds can be configured to avoid probate, but depending on the circumstances more steps may be necessary or advisable. Assets in a trust also do not go through probate but are governed through the terms of the trust.

Broderick Legal Group Cares

We care about our clients. We understand how important it is to be prepared and plan for your family in the event of a death. With our experience in the areas of estate planning, trusts, and probate, we know the latest in laws, including the taxation laws to protect your estate. We are also experienced in litigation in these areas. Contact us now for a consultation.

bottom of page