Living Trust – Estate Planning Attorney

Make sure that your loved ones get what you left them

No Legal Hoops I No Qualms I No Worries

A living trust created by a competent attorney is key to financial security and rightful transfer of property to your loved ones.living trust

Living trust is the most popular option among people to transfer their hard-earned assets to their trusted heirs. If you choose to take this route, make sure that you have a trusted attorney to guide you through the way. If you live in the East Bay, then you should get in touch with The Derieg Law Firm.

What is a Living Trust?

It allows you to pass the title of your assets to an individual or individuals of your choice, while you are still alive. However, you continue to retain complete control of your assets. This eases the process of transfer of assets after your death.

Why a Living Trust?

The popularity of Living Trusts can be attributed to the multiple benefits it has to offer:

  • No probate procedure to be followed by the heirs after your demise.
  • Save lawyer fee and court charges levied during estate settlement.
  • Keep information about your finances private. They do not need to become a part of the public records.

Living Trust is a fuss-free way to pass on your assets to your loved ones.

Why Derieg Law Firm?

We, at the Derieg Law Firm, firmly believe in offering straight, simple, and insightful legal advice to our clients. George M. Derieg, the man, is the best Oakland, CA probate attorney. He brings in over 10 years of professional experience with him. The rest of our staff is also highly competent and highly qualified to handle any kind of legal matter related to trusts and estates, no matter how simple or complex they are.

The Process

Our first step is to make sure that all your questions regarding living trusts are answered. It is important that you have a clear understanding about what living trusts do for you. Once you are sure about what you need, we sit down with you to understand your typical needs. We will then offer our expert advice to recommend the best solutions available to you. At the same time, we make sure that all your typical needs for the living trust are accommodated in the final document.

The Services

  • Free Legal Consultation
  • Drafting a living trust
  • Creating a will
  • Medical directives
  • Consultation on Power of Attorney

We are always here for you

  • Free Consultation

We do not charge you for the first legal consultation with us. We understand that legal matters are complex and we are happy to offer you our advice to help you understand everything you need.

  • Free Modification

As an expert in the field, we understand that a living trust may sometimes need modifications. Considering that it is such a regular occurrence, we do not want to unfairly charge our clients for modifications every now and then. So, we offer them one annual modification in their living trust completely free of charge.

  • Constant Support

A member of our team will always be there to take your input and answer any questions that you may have. We can also arrange home visits for you.

Secure your family’s financial future right away by creating a living trust. Derieg Law Firm is here to help you through each step of the way.

Call us today at 510-355-2747 for your living trust.

 

Contact attorney George Derieg for a free consult. 510-355-2747

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Criminal Law

Have you or a loved one been charged with a crime? Do you have questions that need answering? Would you like an attorney to sit down with you or your family and explain the harsh complexity of the criminal justice system? George Derieg practiced as a Deputy Public Defender for many years. Mr. Derieg has significant jury trial experience with successful results. Mr. Derieg has handled thousands of misdemeanor cases and hundreds of felony cases. Choosing the Law Offices of George Derieg is choosing aggressive, zealous experience.

You will need a good attorney to represent you, your freedom is on the line.

Cases the Law Offices of George M. Derieg will handle for you:

Traffic Infractions: do you have a traiffic ticket and a court date you cannot make because you are working or going to school? Do you need a lawyer that will appear for you and help reduce the cost of your ticket and or try to get any points taken off your driving record so you can keep your license? I will show up in court for you and fight to get your ticket either dismissed or the price of the ticket reduced.

Misdemeanors: are you being charged with a misdemeanor? A misdemeanor is commonly defined as any crime that can be punished by up to a year in county jail. I can appear for you so you don’t need to miss work or school. I have experience litigating thousands of misdemeanor cases. I will help you if you are charged with any of the following

  • DUI’s
  • BUI’s (Boating Under the Influence)
  • Domestic Violence
  • Driving on a suspended license
  • Battery
  • Vandalism
  • All theft related cases
  • Prostitution
  • Welfare fraud
  • Hit and run
  • All drug charges
  • Resisting arrest
  • Criminal threats
  • And all other misdemeanor cases

Felonies: are you being charged with a felony? A felony is a crime that can be punishable by a prison sentence. Among a prison sentence, a felony has other far reaching consequences including losing certain rights to vote, becoming unemployable, etc…

If you are charged with the following I can help you prevent having a felony on your record

  • All drug charges
  • Domestic violence
  • DUI’s
  • Battery
  • Ressisting arrest
  • Battery on a police officer
  • Possession of weapons including: knives, guns, etc…
  • Criminal Threats
  • Multiple strike litigation
  • Any and all sex crimes
  • Manslaughter
  • Attempted Murder

Expungements: you have the absolute right to have a case expunged if you successfully complete probation (California Penal Code section 1203.4 et al). An expungement is a legal term for having a prior criminal conviction dismissed from your record. In some cases you are entitled to have a felony reduced to a misdemeanor and then dismissed.

The law demands that you have your case expunged if you successfully complete probation, however if you did not successfully complete probation you can still file for an expungment. Mr. Derieg has successfully helped his clients obtain expungements even in cases where his clients did not successfully complete probation. Call now for a free consultation.

 Criminal Law

Alameda County Probate – Attorney George Derieg

Probate is the process an estate must go through in order to transfer property to beneficiaries when a person dies with a will, or without a will. If the person dies without a will, then the person dies intestate.

In many cases you will need a lawyer in order to navigate the complex court process. The Probate Code limits the amount of money an attorney can collect, as your attorney I will not charge you the maximum allowable amount.

As your Alameda County probate attorney, my goal is not to get as much money from the estate. My goal is to navigate you and your family through the probate court process swiftly and painlessly. For any other questions you might have please feel free to scroll down below for answers to frequently asked questions about probate.

Frequently Asked Questions about probate:

What is probate?

Probate is when the court supervises the processes that transfer legal title of property from the estate of the person who has died (the “decedent”) to his or her beneficiaries.

Usually, you have to fill out court forms and appear in court to:

  • Prove to the Court that the Will is valid (this is usually routine),
  • Appoint a legal representative with authority to act on behalf of the decedent,
  • Identify and inventory the decedent’s property, and have that property appraised,
  • Pay debts and taxes, and
  • Distribute the remaining property according to the terms of the Will or to the decedent’s heirs.

Is probate necessary?

If the person who died did not have any property to transfer, probate is usually not necessary. The deceased person’s survivors at may decide to open a probate if there are debts owed or if there is a need to set a deadline for creditors to file claims.

When there is property to transfer the probate process also provides for the distribution of the estate’s property to the decedent’s heirs.

Does all property go through probate when a person dies?

No. The term “probate estate” refers to any property subject to the authority of the probate court. Assets distributed outside the probate process are part of a person’s “non-probate estate.”

California has “simplified procedures” for transferring property for estates worth under a certain amount (from $20,000 to $100,000 depending on the circumstances and the kind of property).

There is also an easy way to transfer property to a surviving spouse, property held in Joint Tenancy and life insurance and retirement benefits.<br />
 

Do life insurance or retirement benefits need to go through probate?

No. The benefits can be paid directly to a named beneficiary. Money from IRAs, Keoghs, and 401(k) accounts transfer automatically to the persons named as beneficiaries. Bank accounts that are set up as pay-on-death accounts (PODs) or “in trust for” accounts (a “Totten Trust“) with a named beneficiary also pass to the beneficiary without probate.

How much does probate cost?

The cost of probate is set by state law.

When all the costs are added up – these may include appraisal costs, executor’s fees, court filing fees and certified copies, costs for a type of insurance policy known as a “surety bond,” plus legal and accounting fees–probate can cost from 4% to 7% of the total estate value, sometimes more.

How long does probate take?

California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.

If probate has not been completed by that time, the personal representative must file a status report to the court to explain what still has to be done and how much time that will take.

If the personal representative does not report to the court, the beneficiaries can ask the court to order him or her to file an accounting or take other actions to close probate. The court can remove the personal representative and appoint someone else.

Sometimes there are circumstances that can make probate take longer. If there is a Will contest (a claim filed with the court that all or part of the will is not valid), or the size and complexity of the estate requires extra time, or it is hard to find beneficiaries, the process can drag out. Some probate cases take years to resolve.

Where will the probate hearing be?

In California, probate hearings are in the Probate Department of the Superior Court in the county where the decedent lived at the time of his or her death.

Who is in charge of the probate process?

If there is a Will, the person named as executor will usually be appointed as the personal representative – this means s/he is responsible for managing the estate and following probate rules and procedures.

The executor has no authority to act as personal representative until s/he is appointed by the court and formal “Letters Testamentary” are issued by the Court Clerk.

If there is no Will, or if the Will doesn’t name an executor, or the person named as executor in the Will is unable to be executor or does not want to be executor, the probate court appoints someone called an administrator to handle the process. The Court usually chooses the closest living relative, or a person who will inherit some portion of the decedent’s assets.

Do I need an Alameda County probate lawyer?

YES. It is a good idea to hire a lawyer as soon as possible. Do not allow your deceased loved ones assets to sit dormant too long during the probate process.

A lawyer can  help avoid disagreements among family members over minor or major issues. But the lawyer represents the interests of the personal representative, not the beneficiaries.

What are the steps in the process to probate a decedent’s estate?

Most cases follow these steps:

Step 1 In most cases, the person requesting appointment as personal representative (executor or administrator) hires an experienced probate lawyer to prepare and file a Petition for Probate. In some cases, the person requesting appointment will handle the probate without hiring a lawyer, as discussed above.
Step 2 The probate lawyer, or the petitioner without a lawyer, arranges to mail notice to everyone named in the decedent’s Will (when there is a Will) and all his/her legal heirs about the death and the probate hearing.The notice must also be published in the newspaper where the decedent lived to let creditors know about the hearing.Notice gives everyone notified an opportunity to object to admitting the Will and to the appointment of the personal representative.
Step 3 The hearing usually takes place several weeks after the matter is filed. The purpose of the hearing is to determine the validity of the Will and to appoint the personal representative.Sometimes, the Court will need the people who witnessed the decedent’s signature on the Will to sign a declaration.If there are no objections, the court will approve the petition and appoint the personal representative.
Step 4 The personal representative must identify, take possession of, and manage the probate assets until all debts have been paid and tax returns filed. This process usually takes about a year.Depending on the terms of the Will (if there is a Will), and on the amount of the decedent’s debts, the personal representative may have to sell real estate, securities or other property.For example, if the Will makes cash gifts but the estate consists mostly of valuable artwork, the art may have to be appraised and sold to produce cash.
Or, if there are unpaid debts, the personal representative may have to sell some of the estate property to pay them.
Step 5 After paying the debts and taxes, the personal representative must file a report with the court. The report accounts for all income received and payments made on behalf of the estate.The judge will then authorize the personal representative to divide the remaining property among the people or organizations named in the Will.
Step 6 The property will be transferred to its new owners.

Call today to consult with an Alameda County Probate Attorney and get your case resolved as quickly and efficiently as possible!
510-355-27457

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Estate Planning

Estate planning is the creation of a definite plan for managing your wealth while you’re alive and distributing it after your death. These assets may be owned by you separately or jointly with others.

Estate planning is the preservation and the distribution of your assets, both during your life and upon your death. It is accomplishing your personal and family goals and easing the management of your financial and legal affairs, as well as minimizing taxes if your estate is large enough for taxes to be of concern. When we talk about an estate, we mean all assets of any value that you own, including real property, business interests, investments, insurance proceeds, personal property and even your personal effects. An “estate plan,” generally, refers to the means by which your estate is passed on to your loved ones on your death. Estate planning can be accomplished through a variety of methods, including:

  • Revocable Living Trusts
  • Last Will and Testament / Probate
  • Lifetime Gifting
  • Joint Ownership
  • Beneficiary Designations
  • Life Estates

Problems often arise when people don’t coordinate all of these methods of passing on their estate. If you have a well-drafted estate plan in place, you will ensure that your estate passes to whom you want, when you want, and is carried out in the manner you’ve chosen. You can rest assured that your family won’t have to endure the public process and costly matter of probate. The government won’t be able to take what you’ve spent a lifetime building. But you need to be aware of the many options that exist in estate planning – and you must choose your estate planning attorney wisely.

Contact the Derieg Law Offices for a free Estate Planning consultation.

 

Estate Plannning Attorney 510-355-2747

Call Probate Attorney 510-355-2747 George Derieg now and schedule a free consultation. George Derieg is the lawyer your family needs to navigate your family through the complicated probate process.


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Attorney Profile

George M. Derieg, Esq.

When Californians need a sympathetic and accomplished lawyer to take care of their family legal matters during sensitive times, George is always the first person they call.

George has been a practicing lawyer for well over a decade. His rich and illustrious career began as a Deputy Public Defender in the San Joaquin County in 2005. He dedicated the next five years of his life to keeping the streets of America safe from all kinds of hardened criminals. In 2010, George became a father and that’s when he quit his job as the Deputy Public Defender and took up Trusts and Estates handling. Over the better part of the decade, George has built a strong reputation for himself as one of the most competent and reliable Trusts and Estates attorney in all of California, especially in the Bay Area counties.

hayward probate attorneyEducation

George M. Derieg was born and raised in San Lorenzo, California. He completed his high schooling at Arroyo High School, and attended the Chabot Junior College. After completing college, he enrolled at UC Berkeley for under-graduation in Bachelor of Arts, Sociology. Soon after graduating from UC Berkeley, George immediately joined the Golden Gate University School of Law in pursuit of his dream career in the legal space. After graduating from his law school in 2005, he passed the California Bar Exam the same year, and began his career in flying colors as a Deputy Public Defender.

Professional History

Attorney George M. Derieg, Esq. launched his career in 2005 as a Deputy Public Defender in San Joaquin County. A year later, he transferred to Solano County, where he was to continue in his position of Deputy Public Defender until 2010. During his time in the Public Defender’s Office, George has handled thousands of criminal cases of varying degrees of crime, including misdemeanor DUIs, human trafficking, manslaughter, sex offense crimes, drug related crimes, domestic violence, and other forms of battery and assault.

At various points during his tenure in the Public Defender’s Office, George was simultaneously handling anywhere in the range of 300 to 400 active clients. After 5 years of intense and relentless public service, George promptly quit his job after the birth of his son/daughter in 2010. This was only the beginning of a new era. He started his private legal practice which covers trusts and estates.

Over the past years, George has had extensive experience in the matters of trusts and estates.

George creates estate plans that are perfectly aligned with his client’s personal and tax objectives. He has carefully drafted countless number of estate plans that include everything from living trusts to powers of attorney, wills, medical directives/living wills and probate of decedent’s estates. However, George now handles only probate and estate planning.

George ensures that his client’s assets are completely protected from all angles – be it business partners, family members, creditors, ex-spouses, and so on. His strong commitment to his clients and his reliable services has made George a highly reputed probate attorney in all of the Bay Area counties, of Alameda County, Contra Costa County, Solano County, San Joaquin County, and Marin County.

George M. Derieg, Esq. offers Free consultation to first-time callers. He can be reached at – 510-355-2747

Contact Alameda County Probate Attorney George Derieg by using the form below, or you can e mail directly to eastbayattorney@gmail.com .

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