TRUSTS, PROBATE AND ESTATE PLANNING attorney in Los Angeles and Orange Counties
On behalf individuals and owners and principals of our business and corporate clients, our law firm offers several areas of
personal legal service. We provide financial, tax, and estate planning services. Our estate planning practice includes up-to-date
planning techniques for avoiding probate and reducing estate and income taxes. Our firm also offers a complete probate
and trust administration practice for estates valued at $1 million and larger.

400 Oceangate, Suite 700 Long Beach, CA  90802-4517 (562) 435-6008 (562) 216-2970 fax

John J. Cayer has been representing clients in  Los Angeles and Orange County probate cases for those who have suffered a passing of a family member for over 30 years. John J. Cayer is very experienced in probate matters and he has represented clients in large estates and smaller probate matters. Probate is a proceeding wherein a person who has passed away must have his property processed through probate court proceedings before it may be distributed to those persons' heirs. Probate is a court proceeding supervising the estate administration.  The probate court must first determine whether the decedent (person who died) left a will that is a valid instrument under California law. If the decedent's will is a legally enforceable instrument, the probate court oversees the process of administrating the estate according to the provisions of the will. Probate FAQS What is probate? Probate is a legal process during which the court oversees the distribution of assets of the decedent. If there is a valid will, the assets are distributed according to the terms of that will. If there is no will, the assets are distributed according to California law of intestate succession this determines which relative takes a part or sometimes all of the decedent's estate. The minimum amount of time by which a probate proceeding can be completed is approximately six months from the date of filing the Petition, but it sometimes takes longer. Reasons for delays may include Will contests, the requirement of filing a Federal Estate Tax Return, and issues involving claims against the decedent's estate. Is there any way to avoid probate? Yes, if the value of the decedent's assets is less than $100,000, probate may be avoided entirely if  property is held in joint tenancy or in community property a probate may not be required to transfer assets to the designated co-joint tenant or surviving spouse.  Generally, a living trust will also eliminate the necessity of a probate proceeding. An estate is the total property, real and personal, owned by an individual before distribution through a trust or will. Real property is real estate and personal property includes everything else, for example cars, household items, and bank accounts. Estate planning distributes the real and personal property to an individual's heirs. Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death. A major concern for drafters of estate plans is Federal and state tax law. Wills and trusts are common ways in which individuals dispose of their wealth. Trusts, unlike wills, have the benefit of avoiding probate, a lengthy and costly legal process that oversees the transfer of assets. Sometimes, though, it will be useful to make inter vivos gifts (gifts made while the donor is alive) in order to minimize taxes. The Federal Gift Tax exempts certain levels of lifetime gifts.