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Home » Article » The Importance of LA Probate Law and How to Avoid Errors

The Importance of LA Probate Law and How to Avoid Errors

July 21, 2015Article

 

The Importance of LA Probate Law and How to Avoid Errors

 

Every person always builds up something or earns something during the course of their lives. They want to provide comfort and security to their family in every situation. This also extends to the time when they will be gone. They have to decide on what they want to do with their assets and make a proper distribution amongst the members of the family. A senior member will definitely be aware about the characteristics and capability of each individual in the family and will know how to make that distribution amongst them. LA Probate Law is such a law that has to be faced by all individuals at some point or the other, no matter how grim it may sound. Therefore, the seniors should evaluate properly and follow the best advice. The decisions will have a life-lasting effect on everyone and they have the responsibility of ensuring that they don’t have to go through any kind of difficulty. This can be complicated and should be dealt with in a patient manner. If a person is creating a living trust then it does not mean that everything will be carried out in the way it is stated in it. What the person needs to do is to make sure that these trusts are given proper attention and are handled nicely. Some beneficiaries can cause trouble and proper care should be taken that any such attempts should prevent that particular person from getting his or her share.

According to LA Probate Law, domestic partners or common law spouses are not entitled to a share in the deceased’s estate if it is not specified in a will. They may have to face a lot of court proceedings in order to inherit something. A will also plays a vital role in how the children will be handled after their parents pass away. If they are minors and have not been appointed a guardian according to the choice of the parent, then the courts will appoint someone according to their own discretion. This is usually a time consuming process and the children can be put into foster homes till the time a guardian is appointed. No one wants to see their children or partners going through such trauma and discomfort. Therefore, it is of utmost importance to draw a will and make sure all the formalities are carried out in advance. If it is not done then the courts will take over the possessions and will put limits on the assets meant to be received by the beneficiaries. By creating a proper estate plan, a person also ensures that the property which is meant to be handed down is done so in a way that the expenses and taxes are minimized. These plans should be designed with the help of an attorney. They will make sure that all the wishes and concerns of a person are addressed.

Those who are dealing with LA Probate Law should make sure that any wills or trusts written in the past should be checked after regular intervals. This is necessary because the circumstances in a person’s life are bound to keep changing. If a person does not record or specify those updates then there can be a lot of trouble. For example, if there is an additional member who has been born into the family, then the new estate plan with proper division should be shown in the documents. Also, a person can purchase new assets with the passage of time and it becomes important to place a value on those assets as well. If the child has a single parent then that individual has to specify if they want the child to be transferred under the care of the other guardian or not. It is not wise to wait and then establish these things because anything can happen at any moment and then nothing will be left other than regret.

LA Probate Law requires that a person who draws a will should do so in an appropriate manner. There are many things that have to clearly specified in the documents. Mainly, a person has to write their full name and address of residence and do the same for their spouse, children and other beneficiaries. After that, the name and address of the executor has to be provided and the same goes for the appointed guardian of the minor children, if any. This is the most important information and the person who draws the will should make sure that this information is provided without fail. If they are not careful about doing so then their children will be at the mercy of the court, and they can also fall into the wrong hands and have to face a lot of trauma. Other wishes and needs of the person can also be written in a will. For example, if that person wants a certain amount of restriction on the terms and amount of estate distribution then it will be needed to be shown in the will. If a person wants to include details regarding his or her final resting place, or whether he or she would like to be buried or cremated, they can do so. It is mandatory for two witnesses to be present while signing the documents and they should also provide their signatures and all of these will have to be legally notarized.

The Importance of LA Probate Law and How to Avoid Errors

 

 

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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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