About Us

HOW WE DO IT

Fighting For Your Interests

We understand the frustration and panic that sets in when you realize someone has been stealing from your inheritance or manipulating a situation for their own financial gain. We know how hot emotions can run and how families can be forever divided in long-running arguments over wills, trusts, and financial elder abuse proceedings.

If you or a loved one’s financial future is on the line, you need to take action now to protect your legal rights. Contact us now to discuss your case and set up a complimentary case evaluation with our team.

Estate Planning

Wills, Trusts, Power of Attorney, Care Directives

Conservatorship

Person, Estate, Limited

Litigation

Probate, Trust, Conservatorships, Guardianships

KRISTINE M. BORGIA

About the Attorney

I am Kristine M. Borgia, a certified specialist in Trust,  Estate Planning, and Probate law by the State Bar of California. I am fluent in Spanish. When you hire me as your attorney, you can rest assured that I am going to aggressively and proactively pursue and protect your legal interests. I am accessible and responsive to my client’s inquiries and work to keep them informed every step of the process. You never have to worry about going through a staffer or junior attorney.

My clients respect the value of the services I bring to the table and the passion with which I represent them. When I am not practicing law, I love to spend time with my family, and exploring what the great outdoors have to offer.

Kristine's CREDENTIALS
Bar Admissions
  • California, 2011
Education
  • California Western School of Law, San Diego, California
    • J.D. – 2010
    • Honors: Dean’s List Spring 2010, Summer 2010, Fall 2010
  • University of Redlands, Redlands, California
    • B.A. – 2006
    • Honors: With Honors
    • Major: Government, Spanish Literature
Professional Associations and Memberships
  • Riverside County Bar Association, Member, 2014 – Present
  • California Bar Association, Member 2011- Present
  • Los Angeles County Bar Association, Member, 2011 – Present

Past Employment Positions
  • Morrison Gilger & David, Law Clerk, 2010
  • Los Angeles Superior Courthouse – Pomona Clinic, Clerk, 2009
  • Princeton Review – Educational Partnerships, Regional Director Los Angeles, 2006 – 2008
Fraternities/Sororities
  • Phi Beta Kappa
  • Mortar Board
  • Omicron Delta Kappa
Pro Bono Activities
  • Legal Aid Society San Diego- Tax Clinic

Get An Appointment Today

You never have to worry about going through a staffer or junior attorney.

Our Company

How can we help you?

Can't find answers to your questions? We are just a call away. Call now on 951.823.5138 or Email us at kristine@borgialawca.com.

You never have to worry about going through a staffer or junior attorney.

Am I responsible for paying the rest of my deceased spouse’s bill?

Since there is no collateral for an unsecured loan, property seizure for loan recovery is ruled out. If a person passes away before repaying an unsecured loan, the lender cannot claim unpaid dues from the surviving partner or legal heirs of the deceased.

The legal heirs are liable to the lender only to the extent of value/assets, if inherited, from the deceased. If no assets are inherited, the surviving spouse or children have no liability towards the lender.

Are holographic wills valid in California?

Yes, holographic wills are valid in California, and they have certain requirements. Holographic wills are wills that are handwritten and signed by the testator. In California, if the dispositive provisions of the will are written in the testator’s handwriting, and signed and dated by the testator who is at least 18 years old and of sound mind, then the will is valid. There is no requirement that the will be notarised or that witnesses be present and also sign the will.

A holographic will may be admitted to probate if someone who knew the testator and has personal knowledge of the testator’s handwriting, can testify that the will was written by the testator.

Do I have to leave assets to my children equally?

While there is no requirement that parents leave their assets to their children equally, many parents choose to do exactly that in an effort to be fair. However, where real property is concerned, that may not always be the best choice because the children will have to make some decisions concerning the disposition of the property. If the children are financially secure, and are in possession of their own homes, they have a number of options.

How are taxes handled in probate?

For federal and state tax purposes, death means two things:

  • It marks the date of the close of the decedent’s last tax year for filing an income tax return, and
  • It establishes a new, separate entity for tax purposes, the “estate.”

For federal taxes, you may have to fill out and file one or more of the following forms. (It depends on the decedent’s income, the size of the estate, and the income of the estate):

  • Final Form 1040 Federal Income Tax return (the decedent’s personal income tax return)
  • Form 1041 Federal Fiduciary Income Tax returns for the estate
  • Form 709 Federal Gift Tax return(s)
  • Form 706 Federal Estate Tax return

For California taxes, the executor must file any needed state income tax return, state fiduciary income tax returns during the probate period, estate tax and gift tax returns.

There may be other taxes, too, like local real estate and personal property taxes, business taxes, and any special state taxes.

The executor must also check for taxes owed for years prior to the decedent’s death.

How can I find out if there was a Will?

First, check with the Probate Court in the county of the state where the decedent lived. If the Will was filed, it will likely be available to the public for viewing. And, you can purchase a copy. Or, you can hire a local lawyer or legal service bureau to do a search and get a copy for you. But many people, even with substantial assets, die without a Will. And, if the decedent held all property through a living trust or a joint ownership arrangement, there may be no need to probate the Will.