• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Estate Planning
    • Probate
    • Trust Administration
    • Trust, Probate and Estate Litigation
    • Family-Owned Businesses
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Young Families
  • Probate
    • Is Probate Always Necessary In California?
    • Probate & Estate Planning Savings Calculator
    • Probate Administration
    • Probate Code 850 Petitions
    • Probate Disputes
    • Probate In California
    • Probate Laws
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Elder Law
    • Conservatorship
    • Coping with Alzheimer’s
    • Estate Planning
  • Resources
    • Elder Law
      • Elder Law & Medi-Cal Definitions
      • Elder Law Reports
    • Estate Planning
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Special Needs Planning Can Protect Benefits
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
      • Webinars
    • Frequently Asked Questions
      • Advance Health Care Directives
      • Asset Protection
      • California Adult Conservatorship
      • Estate Planning
      • Estate Planning & Remarriage
      • Frequently Asked Questions For Families Without An Estate Plan
      • In-Home Elder Care
      • IRA Inheritance Planning
      • IRA & SECURE Act
      • Irrevocable Trust
      • Last Will and Testament
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Probate
      • Special Needs Planning
      • Trusts
      • Trust Administration
      • Wills
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Published Book
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Los Angeles County
      • Bellflower
      • Cerritos
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Inglewood
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Manhattan Beach
      • Playa del Rey
      • Santa Monica
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
    • Orange County
      • Anaheim
      • Buena Park
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Stanton
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG
  • Videos

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Connect With Us Today (310) 337-7696

Attend a Free Event
Home » Article » LA Probate Law You Need to Know

LA Probate Law You Need to Know

September 30, 2015Article

LA Probate Law You Need to Know

 

There are many things that can happen that could divert the money and other assets from arriving in the hands of those you intended them to go to. Simple mistakes in legal documents, or not understanding what is needed to ensure a smooth transition, can lead to many unforeseen problems and much less money going to the heirs. LA Probate Law can help you to prevent those problems by providing accurate and up-to-date legal counsel before, during, or after the probate process. If obtained before death, legal counsel can be given to help ensure that the assets are put into the right hands, and that you and your heirs will pay fewer taxes on any money and assets transferred. The probate process can be complicated and time consuming, but it can be made much simpler and shorter through proper estate planning in the first place. If improperly done, assets that may be thought to be safe before death may quickly end up in the estate after death where they will be taxed at the highest rate possible – and the dispersal of them may end up under the control of the state.  

Avoid Probate with Proper Estate Planning Tools 

Probate law handles all of the estate of an individual after death and administers it until it is distributed into the hands of the heirs. Most attorneys that deal with probate will also deal with estate planning, as does LA Probate Law. Estate planning prepares those assets for the transfer to the heirs before death, and probate handles them after death – except for those assets that were placed into tools designed to transfer assets without tax penalties. The first step of probate is the validation of the will – if there is one. In California, a probate court will decide whether or not your will is valid. Once determined to be legitimate, an Executor of the will is assigned, who will be responsible to carry it out, and distribute the money and other assets according to the will. The Executor is usually named in the will. Then, individuals and companies that need to know are contacted via letter. This includes all possible creditors, heirs, and close relatives – just in case someone left out of the Will wants to contest it.  

Ensure Correct Wording of Your Will 

The wording of a Will and other legal documents can be a real source of trouble if not correct or clear. It is possible that the wording of the Will does not express the actual intent of the deceased, as the family may even later testify. This can lead to not only confusion and hard feelings, but it may even divide families and loved ones. Avoiding potential problems in probate can be resolved by contacting the Scott Schomer, an attorney at LA Probate Law. Remember also that a Will that is downloaded from the Internet or purchased in a store may not be specific to California, which can also lead to further unnecessary problems. Attorneys experienced in estate planning in the state are knowledgeable of the laws of probate and can word the Will in such a way that it is clear in its intent and will be free of most legal complications. Wording can also be directed to ensure that foreseen problems can be dealt with, too. In addition, steps can be taken to ensure that there will not be any reasonable contests against the Will that might be given if there is a possible issue with the person creating the Will being under duress or pressure, or if there is a question of coherence or sanity. If there is no Will, then it will be up to the state to determine how the assets are distributed – and it may not at all be what the deceased would have desired.


Responsibilities of the Executor
 

The probate process is put into the hands of the Executor. This individual will be responsible for handling of the matters concerning the estate. He or she will need to pay the bills presented against the estate, pay the funeral costs, get the property and assets assessed, pay all taxes for the deceased and the real estate, pay the probate lawyer, providing for the needs of the family, and distribute the assets according to the Will. Being appointed an Executor of a Will is a highly responsible position. The Executor will first need to locate all assets of the deceased, which may include life insurance policies, savings and bank accounts, investments, real estate properties, safe deposit boxes, and business interests. Since some of these assets may not be subject to probate, those items will need to be identified. In the distribution process, the Executor needs to collect receipts for all items distributed, and make reports to the Court and possibly to the beneficiaries about the complete process. In the case of businesses, investments, and properties, the Executor will be responsible to manage them successfully and ensure that they are secure. LA Probate Law can help guide the process and resolve all questions about settling the estate. 

Estate Planning Ensures Faster Distribution of Assets 

Many of the difficulties and taxes can be avoided in probate if there is good estate planning performed in advance. This can also help to transfer funds into the hands of the heirs faster, and it will enable a much larger portion of the estate to actually be given to the heirs, too, and not to the state in the form of taxes. Scott Schomer at LA Probate Law can help you with estate planning, and he is very experienced in it. Other situations can occur where there is not a Will. Once a death occurs, all assets are often frozen, and this can make it very difficult to get cash needed to take care of the family’s daily expenses. A court order may be necessary. The complete administering of an estate can take a couple of years. Some of the pain of the probate process, however, can be alleviated through carefully designed estate planning, which will make life simpler for all concerned.

LA Probate Law You Need to Know

  • Author
  • Recent Posts
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
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
  • Things You May Need to Update in Your Estate Plan When You Enter Retirement - March 22, 2023
  • 10 Estate Planning Tips You Cannot Afford to Ignore - March 21, 2023
  • 7 Estate Planning Steps for the Beginner - March 16, 2023

Other Articles You May Find Useful

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law: Are You at Risk for Inheritance Scams
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law Recovering Stolen Assets
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law: All About Wills
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law Explains Probate Law
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law What You Can Do with Bureaucracy Hold Up
Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
LA Probate Law on Estate Planning Considerations

Primary Sidebar

Schomer Law Group, Los Angeles Estate Planning, Probate, and Elder Law Attorneys

Schomer Law Group

Subscribe To Our Blog

Sign up using the form below to get our latest estate planning updates!

  • This field is for validation purposes and should be left unchanged.

Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Office Address

El Segundo
2155 Campus Drive
Suite 250,
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Schomer Law Group

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

footer-logo
© 2023 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2023 American Academy of Estate Planning Attorneys, Inc.