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Bill Sweeney

Bill Sweeney

Sweeney Probate Law
  • Probate
  • California
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Biography

My practice is dedicated 100% to the probate of estates throughout California and I am licensed to appear in all California probate courts. I handle probate matters throughout all of California, both large and small. I have dedicated myself to helping people efficiently and effectively navigate the California probate process. When you reach out to me, I provide you with the legal counsel and friendly personal service you need to help you navigate even the most complex probate issues. From my California office, I work with people across the state and others throughout the country. Many of my clients reside outside California, looking to resolve California probate matters.
These are some of the matters that I handle for probate clients:
1. California probate of a formal will.
2. California probate with no will (California intestate succession).
3. Determining entitlement to California probate distribution of California assets.
4. Assistance with the sale of California real property during the California probate.
5. California probate of personal property left by the person who died. This might include manufactured homes, cars, boats, and motor homes.
6. California ancillary probate. (a person dies out of state owning property in California).
7. California spousal property petitions.
8. Assistance with settlement of creditor claims against a California probate estate.
9. Determining compensation payment for the person in charge of administering the California probate estate.

Education
University of San Diego School of Law
LL.M. (1993) | TAXATION
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University of San Diego School of Law Logo
University of Dayton
MBA (1979) | ECONOMICS AND STATISTICS
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University of San Diego School of Law
J.D. (1972)
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Honors: Bancroft Whitney American Jurisprudence Award-Study of Wills and Trusts
University of San Diego School of Law Logo
University of Redlands
B.A. (1967) | ACCOUNTING
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San Bernardino Valley College
A.A. (1965) | ACCOUNTING/BUSNESS
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Honors: DEAN'S LIST SECRETARY, HONOR SOCIETY BUSINESS AND ECONOMICS
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Professional Experience
Sweeney Probate Law
Current
Certifications
POST GRADUATE CERTIFICATE IN THE STUDY OF TAXATION
UNIVERSITY OF SAN DIEGO SCHOOL OF LAW
Awards
AMERICAN JURISPRUDENCE AWARD
Bancroft Whitney
OUTSTANDING ACHIEVEMENT IN THE STUDY OF WILLS AND TRUSTS
Professional Associations
California State Bar Trusts and Estates Section  # 51670
Member
- Current
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State Bar of California  # 51670
Member
- Current
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Jurisdictions Admitted to Practice
California
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Fees
  • Free Consultation
Practice Area
    Probate
    Probate Administration, Probate Litigation, Will Contests
Languages
  • English: Spoken, Written
Legal Answers
Q. Is the property sale of a deceased child considered an inheritance and if so does it exempt them from some or all taxes?
A: Generally speaking, inheritance is not subject to tax in California. Therefore, a beneficiary will not have to pay tax on his or her inheritance. However, there may be U.S. estate tax (for probate estate assets in excess $11.58 million dollars in 2020.) In that event, the estate tax is paid out of the estate, so beneficiaries will not be personally liable for paying the estate tax, technically speaking, although it would deplete the amount left in the estate for distribution. There still might be income tax issues for the probate estate. For example, if the son's estate assets generated income after the son passed away. If reportable, it would be taxable to the estate and reported on the estate income tax return. It is always best for the probate estate's personal representative to consult with a tax professional.
Q. In the state of California, if the decedent has 6 surviving children and no will, how is the exe or admi determined?
A: The priority for the appointment of a personal representative is set forth in §§8461-8469 of the California Probate Code. You might find the answer there. Upon receiving a notice of administration, if an interested individual feels that the personal representative who is to be or has been appointed to handle the estate is not qualified for the position, they may petition to have another persona appointed or the appointed personal representative removed and a new representative appointed. The court will decided depending on the merits of each of the interested parties.
Q. For California probate, is the decedent's home equity a separate asset from their interest towards their house?
A: In probate the "Fair Market Value" of real property is appraised by a probate referee. After 1/1/2020, if the total value of the estate (including the FMV of real property and tangible and intangible personal property) exceeds $166,250 formal probate will likely be required. The appraiser does not appraise equity as a separate asset.
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Websites & Blogs
Website
Bill Sweeney's Website Profile
Website
Sweeney Probate Law Website
Contact & Map
Sweeney Probate Law
San Juan Capistrano
32371 Alipaz St
#29
San Juan Capistrano, CA 92675
Telephone: (949) 243-0408
Sweeney Probate Law
Orange
333 City Blvd W
17th Floor
Orange, CA 92868
Telephone: (949) 243-0408
Sweeney Probate Law
Laguna Hills
23046 Avenida De La Carlota
#600
Laguna Hills, CA 92653
Telephone: (949) 243-0408
Sweeney Probate Law
Irvine
19800 MacArthur Blvd
#300
Irvine, CA 92612
Telephone: (949) 243-0408