Mark Ziebold is an Irvine, California-based attorney who has spent the last seven years as president of Ziebold Law Group, P.C. He also serves as a partner at Million Voorhees Ziebold, LLP. As an attorney, Mark Ziebold focuses on estate planning and probate law.After an individual passes away, his or her estate is not immediately distributed to the decedent's heirs. Instead, if no trust exists to administer the estate, the will causes the estate to be subjected to a legal process known as probate. During probate proceedings, a court will determine whether or not the will is valid. Additional elements of probate including making an inventory of the author’s assets and property, appraising these items, paying off any relevant debts and taxes, and subsequently distributing all remaining assets as the will dictates. In lieu of a will, assets are distributed according to state law.Probate can prove to be a lengthy and sometimes contentious process, particularly if there is no valid will in place. Furthermore, finances and assets named in a will may have to be used to cover court and legal fees, rather than being given to the individuals or organizations named in the will. Fortunately, most states provide various methods of avoiding probate processes, most notably joint tenancy filings and living trusts. To learn more about avoiding probate processes, contact an attorney experienced in probate and estate planning law.
As president of the Ziebold Law Group in Irvine, California, and a partner in Million Voorhees Ziebold, LLP, in Costa Mesa, California, Mark Ziebold counsels clients in the preservation of assets. Mark Ziebold stands out as one of fewer than 100 attorneys in California to hold specialization certifications by the state bar of California in taxation as well as in estate planning, trust, and probate law.In California, an estate must pass through probate if the total value of nonexempt assets is over $150,000. This excludes any assets that by their nature do not have to go through probate, such as assets held in joint tenancy, in a living trust, or as community property with rights of survivorship with a spouse. Assets having a designated beneficiary, through a beneficiary designation form, such as death benefits from a life insurance policy or assets held in an Individual Retirement Account (IRA) or 401(K) retirement account.If there are other assets eligible for probate, the court will supervise the gathering and distribution thereof. The process begins with the delivery of the original will to the court and the filing of a petition for probate in the county where the deceased person lived. The court then schedules a hearing, during which it approves of the person responsible for distributing assets. This may be the executor named in the will or a court-appointed administrator, the latter being the case if no will was present. The confirmed individual must then prepare an inventory of assets, notify creditors, and pay the deceased person's final expenses. The representative must also file a final tax return for the decedent, ongoing tax returns for the estate for each year that it is open, and pay any taxes due, after which time he or she can file a petition for closure of the estate. Once all of the deceased's financial obligations are paid, the representative can seek court approval to distribute estate assets to the beneficiaries of the estate in accordance with the terms of the will. He or she shall then submit a court report that verifies the completion of this process. The executor's or administrator's duties are then complete, pending court approval.
