Frequently Asked Questions

Remain calm and be polite, but exercise your rights. In California, you are required to submit to a chemical test (breath or blood) after arrest under the implied consent law (Vehicle Code Section 23612), but you can refuse field sobriety tests and the preliminary alcohol screening (PAS) test at the roadside. Do not volunteer information about how much you drank. Request to speak with an attorney as soon as possible.

Public defenders are skilled attorneys, but they carry heavy caseloads — often handling hundreds of cases simultaneously. A private attorney like those at Abrate & Olsen provides personalized attention, more time for investigation and preparation, and direct communication with the attorney handling your case rather than being passed between staff members.

California offers several options: Penal Code Section 1203.4 allows dismissal (expungement) of convictions after completing probation. Proposition 47 may reduce certain felonies to misdemeanors. Penal Code Section 851.91 allows sealing of arrest records when no conviction resulted. Our attorneys evaluate your complete history and pursue all available relief.

Under the Fourth Amendment, you have the right to refuse a warrantless search of your home and, in most cases, your vehicle. Exceptions include searches incident to arrest, the automobile exception (probable cause), plain view, and consent. Never consent to a search. If police conduct an illegal search, evidence obtained may be suppressed under the exclusionary rule.

Estate planning costs vary based on complexity. A simple will may cost less than a comprehensive trust-based estate plan that includes a revocable living trust, pour-over will, powers of attorney, advance healthcare directive, and trust funding. During your initial consultation, we discuss your needs and provide a clear fee estimate before beginning any work.

A revocable living trust is a legal entity that holds your assets during your lifetime and distributes them after death without probate. In California, if you own real property, a trust is generally recommended because probate can take 12-18 months, costs 4-5% of the estate value in fees, and is entirely public. A trust keeps your affairs private and allows immediate access to assets for your beneficiaries.

A durable power of attorney (Probate Code Sections 4000-4545) designates someone to manage your financial affairs if you become incapacitated. Without one, your family would need to petition the court for a conservatorship — a costly, time-consuming, and public process. An advance healthcare directive serves the same function for medical decisions.

California does not have a state estate tax. The federal estate tax exemption is $13.61 million per person in 2024 (indexed for inflation). However, this exemption is scheduled to drop to approximately $7 million in 2026 when provisions of the Tax Cuts and Jobs Act expire. If your estate may approach these thresholds, proactive planning is essential.

No. Probate is not required when all assets are held in a trust, owned in joint tenancy, have designated beneficiaries (retirement accounts, life insurance), or the total estate value is under $184,500 (2024 threshold). California Probate Code Sections 13100-13116 provide simplified procedures for small estates, including affidavits that avoid court entirely.

As executor (called "personal representative" in California), you file the original will and a Petition for Probate with Sacramento Superior Court. You will need to notify heirs and beneficiaries, publish a notice to creditors, inventory and appraise assets, pay valid debts and taxes, and distribute the estate. We guide executors through every step and handle all court filings.

California Probate Code Sections 16000-16015 impose extensive fiduciary duties on trustees: the duty of loyalty (acting in beneficiaries' best interests), duty of impartiality, duty to inform and account, duty of prudent investment (Uniform Prudent Investor Act), and duty not to commingle trust assets with personal assets. Breach of these duties can result in personal liability.

Yes, but grounds are limited. A will may be contested under Probate Code Sections 8250-8254 for lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. Trust contests follow similar grounds. For trusts, beneficiaries have 120 days from receiving the Section 16061.7 notification to contest. Time limits are strict, so consult an attorney immediately if you have concerns.

Yes. We offer a free initial consultation where we review your situation, explain your legal options, and discuss how we can help. This consultation is completely confidential and creates no obligation. You can schedule a consultation by submitting the form on our contact page or emailing contact@abrateolsenlaw.com.

Our office is in Sacramento, California. We serve clients throughout Sacramento County and the greater Northern California region, including Placer, El Dorado, Yolo, San Joaquin, and Solano counties. We practice in Sacramento Superior Court, other Northern California superior courts, and the United States District Court for the Eastern District of California.

Fee structures vary by practice area. Criminal defense cases typically involve a flat fee or retainer depending on the charges and complexity. Estate planning is usually flat-fee based on the documents needed. Probate fees follow California statutory guidelines (Probate Code Section 10810). We discuss all fees transparently during your initial consultation.