MILLER & MILLER
 ATTORNEYS AT LAW

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Frequently Asked Questions
General business information-policies
Maps & directions to Miller Law Building
Costs, rates & fees (questions re: finances)                                            
What areas of law does Miller & Miller practice?
What is probate? 
How long does probate usually take? 
Do I need need a probate lawyer?

Articles by Robert Miller 
Contesting a Will 
Elder Abuse: Remedies for Taking Advantage of Senior Citizens.
'Partition':Co-Ownership and How to Get Out of It 

                        GENERAL FAQ's            

How long have you been practicing law?
Robert Miller was admitted  in 1967. Visit Attorney Profile for more information

How do I contact your office or set up a consultation?
Please call the office during regular business hours. Visit Contact Us for detailed information. 

Can I leave a voice mail if the office is closed?
Unfortunately our phones are not set up for voice mail. Please refer to the Contact Us page for other options.

What if I have questions not answered in the FAQ's?
Please feel free to call us, you may also refer to the Contact Us page for other options. 

What are your business hours?         
Monday – Friday 9:30-5:00 (We are closed on all government holidays.)

Do you speak any languages other than English?          
Yes, our entire staff and attorneys speak Spanish                                          (back to top)

                                  MAPS & DIRECTIONS    

Where is your office located?      

We are in the Mid-Wilshire area of Los Angeles between the 10 & 101 freeways.  Exit Vermont Blvd. from either freeway. Travel north from the 10 or south from the 101 on Vermont Blvd. corner with Wilshire Blvd.  Modern technology allows clients to avoid office visits.    
We are  centrally located at the Wilshire/Vermont  metrolink.com station.
Directions and maps are available by visiting our online business profiles at 
YAHOO!          Google       superpages
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                             RATES & FEES        

How much does probate cost?
The cost of probate is set by state law according to the value of the estate. 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.

Do you accept cases on contingency'?
Yes, contingent cases are determined on an individual basis. 

What types of payments do you accept? 
Checks, cash and all major credit cards      Visa Mastercard Logos       

Please contact the office for further information.      (back to top)
               
                                          
                      AREAS OF PRACTICE    

Do you only take cases where the property/ dispute is within Los Angeles County?
We generally only accept cases regarding property in Los Angeles County. (Exceptions are rarely made but do occur; call the office for details)

What areas of law does Miller & Miller practice?

45% Probate includes trusts and related elder abuse cases.

45% Real estate and partition (not landlord tenant) overlaps with probate.

10% Lawsuits / Disputes General civil litigation overlaps with real estate & probate. 
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                      PROBATE FAQ's               

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 a 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.                                                   (back to top)

Is probate always necessary?
If the person who died did not have any property to transfer, probate is usually not necessary. The deceased person’s survivors 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. 

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).                                                                                            (back to top)  

 

 

How long does probate generally 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 return, then the personal representative can have 18 months to complete probate. 
     
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 can take years to resolve.                          (back to top) 

Do I need a lawyer for the probate process? 
No, not necessarily, but it may be a good idea if the estate is complex.  A lawyer can help you meet all deadlines and avoid mistakes and delays.  A lawyer can sometimes help avoid disagreements among family members over minor or major issues.
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