Fighting For Your Interests - Borgia Law
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.
Wills, Trusts, Power of Attorney, Care Directives
Person, Estate, Limited
Probate, Trust, Conservatorships, Guardianships
About the Borgia Law
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. Contact Borgia Law Now.!!
- California, 2011
- 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
- Riverside County Bar Association, Member, 2014 – Present
- California Bar Association, Member 2011- Present
- Los Angeles County Bar Association, Member, 2011 – Present
- San Bernardino County Bar Association, Member, 2021 - Present
- Morrison Gilger & David, Law Clerk, 2010
- Los Angeles Superior Courthouse – Pomona Clinic, Clerk, 2009
- Princeton Review – Educational Partnerships, Regional Director Los Angeles, 2006 – 2008
- Phi Beta Kappa
- Mortar Board
- Omicron Delta Kappa
- Legal Aid Society San Diego- Tax Clinic
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You never have to worry about going through a staffer or junior attorney.
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.
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 notarized 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.
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.
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.
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.