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Dear Friends, Clients and Colleagues:

 

Happy Holidays!  VDG Law is moving into its 7th Year Anniversary, and we are proud to continue to serve the Oakland/Bay Area Community with cost effective and quality legal services for individuals, families and businesses! VDG Law and our partners are planning some exciting events for 2015, so look out for information about our workshops and the upcoming 2015 Estate and Retirement Planning Summit!  


 

VDG Law supporter, Attorney John Burris, along with Danny Glover and Delroy Lindo will host an event, "Black Men Speak" at Marcus Bookstore in Oakland this upcoming Saturday, December 13th.  In light of the recent events impacting African American males and issues of social injustice leading to protests world-wide, this event is sure to provide some insight from one of the great Civil Rights Attorneys of our time.  Please see flyer below for more information.
 

As 2014 comes to a close, this is a perfect time to think about planning for the financial future of  you and your family.  Many families with gather for the Holiday Season, and it is a great time to discuss the importance of having an Estate Plan.  Whether you have substantial assets to protect and pass on to your family, friends or charities, or  you just want to avoid family conflict in the event of your incapacitation or demise,  it is important to have an Estate Plan to lay out your wishes.

  

Thank you for your continued support, and please contact VDG Law for your Estate Planning, Probate, Trust Administration and Contract Review needs! 
 
Regards,
Verleana D. Green, Esq., LLM
Owner, Law Offices of Verleana D.Green
  
The Probate Process Explained

 

 

As the Baby Boomers begin to age and make their transition, many do not have a Living or Revocable Trust, thus requiring the family of the deceased to initiate Probate Proceedings.  In this article, I will discuss the basics of Probate, and the easiest way to navigate through the sometimes year long process.

 

Before I begin with an explanation of the process, I would like readers to understand that even if you have a Will, you will still need to go through the Probate process.  Many individuals have the mistaken belief that if they leave their assets in a Will, their family or beneficiaries will not have to probate- this is absolutely false!  Of course there are simplified procedures under limited circumstances (the estate assets are less than $150, 000, the property is left to a spouse or real property of small value), but in most instances, particularly if the deceased owns real property in California, the deceased Will needs to be Probated.  The only way to avoid probate, (other than summary procedures discussed above) is to create a Living or Revocable Trust.

 

The Probate process begins with the Executor named in the Will, or in the case where there is no Will, an Administrator, filing Petition documents with the court and paying the required filing fee (typically $465.00).  Notice to all beneficiaries and heirs at law will need to be sent, and publication of the administration of the deceased estate will need to be posted in a newspaper of general circulation where the decedent resided.  The Executor and/or Administrator will then gather all assets of the Estate, and begin taking an Inventory of the property.  

 

Many times, property will need to be sold, and if the Administrator or Executor has Independent Administration of Estates Act Powers to sell the property, they can do so without petitioning the court to sell the property (but the Administrator or Executor will also need to send Notice of their actions to all beneficiaries before selling).  If not, the Administrator or Executor will need to request the courts permission to do so.  In addition, the Executor or Administrator will need to provide for any creditors making a claim against estate by either paying the creditor, or denying their claim. 

 

Notice will also need to be sent to various government agencies, including the Franchise Tax Board (see an attorney to determine what government agencies you will need to contact). 

 

Once the creditor claim period has expired, all debts of the estate have been provided for, an inventory of estate assets has been filed with the court, the Executor or Administrator may petition the court to close the estate, and distribute monies to beneficiaries.

 

The process of Probate can take anywhere from 6 months, on the short side, to years if there are complicated property issues, or beneficiaries do not get along and litigation ensues.  It is important to determine at the outset if you will need an attorney to walk you through the process.  Most of the time, attorneys are needed to work through the filing of documents, addressing creditors and managing beneficiaries.  Being an Executor or Administrator is not an easy task and should be taken on with great caution, as the Executor or Administrator is acting in a fiduciary capacity and is subject to being sued.  

 

The Probate process can be complicated and time consuming.  The best way to deal with Probate (and any legal issues for that matter) is to consult with and hire an attorney.  VDG Law Provides comprehensive services in the area of Probate practice, and can walk you through the process.    

 

 

***The information in this article is provided for informational purposes only and does not constitute legal advice. Transmission of this information or the receipt of this information does not constitute an attorney-client relationship between the sender and receiver of this newsletter. You should not act or rely on any information contained in this newsletter without first seeking the advice of an attorney.This article is the sole property of the Law Offices of Verleana D. Green. Please do not use without our permission. Thank you!   

Black Men Speak Event Featuring Attorney John Burris, Danny Glover and Delroy Lindo

 Law Student Spotlight

Verilyn Radford-Bellamy 
 

 

 

 

Verilyn Radford-Bellamy believes in a world of possibility and purpose. As a wife and mother of four beautiful children, ages 20, 18, 9 and 6, she is dedicated to family. Professionally, she serves as a Human Resource Analyst for the City of Oakland, where she administers the Civil Service recruitment and hiring selection processes for citywide classifications, as well as the Oakland Police Department Police Officer Trainee classification. She oversees the Physical Agility Test, POST-Certified Written Examination and the Human Resources oral interview selection process for thousands of candidates several times per year. 

 

Verilyn is currently completing her second year of law school at John F Kennedy College of Law, while having earned a Master's in Public Administration (Public Management emphasis), and a Bachelor's in Human Development (Adult Development emphasis) from California State University Hayward. She has worked in local government with the County of Alameda and City of Oakland for over 20 years.  Verilyn is interested in practicing in the areas of transactional contract law as well as entertainment law. 

 

 

 

 

About Our Law Firm
 

The Law Office of Verleana D. Green provides high quality, professional legal services to individual clients, families and small businesses in the areas of Estate Planning, Trust Administration, Trust Litigation, Probate and Contract Drafting and Litigation. This full-service law firm provides exemplary representation with personalized attention. Committed to the ethical practice of law, our firm devotes considerable attention, energy and time preparing all its cases. As fierce advocates, we are devoted to providing you excellent service and successful results.

 

Ms. Verleana D. Green, Esq. received a Bachelors degree from the University of California at Berkeley and her Juris Doctorate from the University of San Francisco School of Law. As a legal professional, this Oakland native gained experienced by working for a premiere international law firm, Orrick Herrington & Sutcliffe, in the practice area of securities litigation. In addition, Ms. Green worked in the mutual funds contracts department at one of the largest and most recognized investment firms, Charles Schwab & Co., Inc. Ms. Green also worked under the General Counsel at Robert Half International Inc, drafting and negotiating employment contracts for 15 states and 8 lines of Business.  Ms. Green was recognized by Super Lawyers as a Super Lawyer Rising Star in 2013 and 2014.

 

Ms. Green's law practice focuses on Estate Planning, Contract Review and Negotiation and Probate. As a zealous representative of her clients, Ms. Green strives to get her clients the best results in the most cost effective manner. Ms. Green is a member of several professional organizations including: the California State Bar, Alameda County Bar Association, Charles Houston Bar Association, USF Inns of Court & Students Rising Above Scholarship.

 

Law Offices of Verleana D. Green
In This Issue
The Probate Process Explained
Black Men Speak Event Featuring Civil Rights Attorney John Burris
Law Student Spotlight- Verilyn Radford-Bellamy
 
Law Student
Spotlight
Verilyn Radford-Bellamy