Los Angeles County Probate Lawyer
James Leestma
With new laws being passed on a regular basis, the guidance of an experienced Los Angeles County Probate Lawyer is critical in ensuring efficient probate administration and, if necessary, effective litigation. Proper administration ensures that a family member's legacy is not wasted, and that loved ones are cared for according to his or her wishes. Avoiding probate costs, expensive court proceedings and unnecessary taxes are important elements in preserving the integrity of an estate.
Knowledge, Integrity and Communication
Having practiced probate law for nearly a decade and having reviewed and managed more than 4,000 probate estates, I have extensive knowledge of how to help clients secure the inheritances that loved ones meant for them to have and enjoy. As a skilled Los Angeles County Probate Lawyer, I provide solid legal representation in the following practice areas:
- Probate
- Probating Estates
- Wills
- Will Contest Litigation
- Estate Litigation
- Trusts
- Debt Collections against Probate/Trust Estates
In the fields of estate planning, probate administration and estate litigation, there is a wide range of tools that an experienced attorney can use to ensure that legacies are properly preserved and distributed, including:
- Probate/Estate Administration services provide steady legal guidance after a family member has passed away. I handle probate and administration proceedings, estate taxes and estate accountings. When probate is contested, I can handle the resulting litigation as well. I will make sure that your rights are represented in probate court to the maximum extent.
- Wills, sometimes called a Last Will and Testament, to transfer property you hold in your name to the person(s) and/or organization(s) you want to receive it. A Will also typically names someone you select to be your Personal Representative (Executor) to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.
- Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You can select a person or persons – often even yourself – as the Trustee(s) to carry out the instructions in the Trust and name one or more Successor Trustees. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are revocable which allows the person who creates the Trust to make future changes, modifications and even to terminate it.
Sometimes a procedural shortcut can save a client time and thousands of dollars. But I will not comprise my integrity or my client by taking unnecessary chances in the procedurally onerous probate arena.
A crucial component of my practice is client communication. If clients have questions about substantive probate issues, strategies, or otherwise, I pride myself on promptly answering their phone calls and e-mails.
If you or someone you know in Southern California needs the assistance of an experienced Los Angeles County Probate Lawyer, call Attorney James Leestma today at 866-265-9697, or complete the contact form provided on this site to schedule your free consultation.
Practice Areas and Legal Definitions
California Probate:
Probate is the legal process of transferring property following a person's death. Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will), property is collected, certain debts are paid from the estate, and the property is distributed accordingly.
Estates are categorized as probate or non-probate property. Probate property is property that is transferred by the provisions of a Will. Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.
California Wills:
A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity, and formation of posthumous trusts. In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses, and he or she must be mentally competent and not acting under duress or under the controlling influence of another.
Will Contest Litigation:
A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:
- the testator lacked mental capacity, i.e. was senile, delusional, or of unsound mind at the time the documents were created
- the testator was subjected to fraud, coercion or undue influence during its creation and implementation
- there are ambiguities in the document, or
- the Will is a forgery, or does not conform to legal requirements as to the number and nature of the witnesses.
If the Will is thrown out, the court may disallow only the part of the Will that was challenged, throw out the entire Will of the decedent (distributing the property as if the person died without a Will), or use the last previous Will, depending on state law and the specific facts and circumstances.
California Trusts:
Trusts are estate-planning tools that can replace or supplement Wills, as well as help manage property during life. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. By maintaining assets in a Trust, it is often easier to minimize taxes and leave a larger inheritance. A Trust is also a way to provide a steady income to the Beneficiary over the course of time, rather than distribution in a lump sum. This strategy can reduce the Beneficiary's tax and allow the Trust to grow through investment, and keep assets free from creditors of the Trust beneficiary. Trusts can also be established for the benefit of charitable organizations. Although my office does not create the trusts, they can invalidate a bogus trust similar to the grounds in Will Content Litigation (paragraph above).
If you or someone you know in Southern California needs the assistance of an experienced Los Angeles County Probate Lawyer, call Attorney James Leestma today at 866-265-9697, or complete the contact form provided on this site to schedule your free consultation.
If you or someone you know in Southern California needs the assistance of an experienced Los Angeles County Probate Lawyer, call Attorney James Leestma today at 866-265-9697, or complete the contact form provided on this site to schedule your free consultation.
ADDRESS OF THE FIRM:
Law Office of James L. Leestma
7301 Topanga Canyon Blvd.
Canoga Park, CA 91307
Telephone: 866-265-9697
Fax: 818-230-0414
MEMBERS OF THE FIRM:
James L. Leestma
EDUCATION:
- Pepperdine University (B.A., 1992)
- Southwestern University School of Law (J.D., 1999)
- California
- California State Bar
- San Fernando Valley Bar Association
- Los Angeles County Bar Association: Trust and Estates Subsection
- Beverly Hills Bar Association
