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Home » Article » Take a Closer Look at LA Probate Law and Stop Worrying About Your Future

Take a Closer Look at LA Probate Law and Stop Worrying About Your Future

May 8, 2015Article, Probate

Take a Closer Look at LA Probate Law and Stop Worrying About Your Future

Estate Planning is essential so that you can arrange and divide your estate among your heirs during your lifetime. If you start estate planning beforehand then it eliminates any possibilities of any uncertainties of administration of probate. Estate planning helps in making sure that your assets have been distributed fairly to your beneficiaries after your death. Paying minimum taxes and other legal fees is also one of the major motives. LA Probate Law has covered in case you become disabled at any point of your life. You will never want to completely deplete your assets for your long term care. Your loved ones or children will not get anything if such a thing happens. So it is crucial that you go for proper planning and handling of assets.

Leaving behind a valid Will can reduce complications. Many times bitter fights and quarrels take place in families regarding ownership of properties and rightful inheritance. If you have reached 25 years of age and have not created a will of your won then it is high time you do so immediately. If there is a valid Will, then your relatives will not be able to create unpleasant situations as you will name the beneficiaries of the estate in the will. It is important that you declare the existence of a will. Your family members will know what to expect from you. It helps a lot to reduce bitterness and disquiet among the family members.  A Codicil is a document that contains amendments to a previously executed will. The Codicil document may have provisions to add or revoke small changes in the original will. LA Probate Law emphasizes that the Codicil should be signed by the testator and the two or three witnesses.

If you are a senior citizen then you can create a Trust so that your funds are managed effectively. You will have your peace of mind as a Trust fund involves least problems. Courts will not interfere in your estate proceedings if there is a trust fund that can be automatically passed to your heirs. Your family members will be saved from various legal hassles. No money will be wasted in the form of legal fees to the courts or lawyers. A trust helps to maintain complete privacy of all your financial matters. Pension plans if set up as trusts give more protection than normal savings schemes. LA probate Law experts will advise you to set up trusts as they help with tax planning. You won’t have to pay unnecessary tax on various assets.  Trusts allow beneficiaries to safeguard themselves from creditors. If you have no beneficiaries then you can set up charitable trusts.

Trusts can be many types. If you are creating the trust then you become the settlers. You will transfer some or all your property to the trustee who will hold the property for the benefit of your heirs. Self-declared trusts are those where the settlor and the trustee is the same person. LA probate Law professionals encourage the terms of the trust to be written down in a document called the deed. The deed is important as the trustee or any of your family relatives will not be able to contest your wishes. Sometimes the owner of the trust also leaves a letter of wishes for the trustee. In the letter of wishes the role and objectives of the trustee are elaborately mentioned.  You can choose a trust which will become effective after your death. The testamentary trusts or Will trusts come into effect with the death of the testator. All the assets of the deceased individual along with any other assets that have been created due to the death of the testator like settling of a wrongful death suit or proceeds of an insurance policy will come under the supervision of the trust. On failure of testamentary trusts, resulting trusts are created which will oversee the residuary assets. You can establish living trusts as well as inter vivos trusts which will come to your aid if you become disabled.

Suppose at the time of your death, your children are minor. Generally court intervenes in such cases and does not allow minor children to take charge of estate management. Either your estate will go into the wrong hands and your children will not get their rightful share or the entire estate will be usurped by the court. Appoint a guardian who will take care of your assets after your death. He will be responsible to manage all your financial affairs and pass on the estate to your heirs. Your children will be able to finish their school and college education. They won’t have to immediately get involved in the family business and rather can pursue a career of their own choice. Most law experts suggest that once they reach the age of 25 then the responsibility of particular estates should transfer to them. If you do not appoint a guardian then the court might assign an administrator for your estate who will look after your estate and your family members. The administrator is generally chosen from the relatives. He might not have the best interests of your family members so it is vital that you choose a guardian before it’s too late. If you are sure about the LA probate law not then appointing an LA probate Law attorney, who will be able to provide assistance in designing estate plans, wills, trusts, beneficiary designations, property ownership, will be helpful.

 

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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