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Home » Article » Why Would You Ever Need an LA Probate Law Attorney?

Why Would You Ever Need an LA Probate Law Attorney?

October 4, 2015Article

Why Would You Ever Need an LA Probate Law Attorney?

 

Many questions are often raised about possessions whenever there is a death in the family, or among relatives. Deaths among business partners or of a key employee will also generate possible problems of asset distribution or transfer. Sometimes members of families, or friends who have previously been on good terms with everyone can suddenly become very demanding and want to claim them certain assets, or they may seek to contend with statements in a will or other legal document. If you live in Los Angeles, settling these problems will probably involve the need to hire a good LA Probate Law attorney. Laws governing probate and taxes change frequently, and you want to be sure that your documents governing the transfer of your assets from your estate to your beneficiaries are up to date and worded properly to cover all potential problems. This is why it is very important to hire an experienced estate planning attorney to handle it with you, and they can also review your plan to ensure that it will do the job efficiently. 

Help Solve Legal Battles for Your Wealth 

Other situations can occur as well. If there is no will, for instance, certain family members may want a larger share, and this can lead to legal battles. This is often especially likely if one member of the family feels that he or she is owed a larger cut of the division of assets, which might be caused if he or she served as a caretaker of the now deceased person over a lengthy period. A LA Probate Law attorney could be brought in to help solve the problem and help to smooth over troubled relationships. At other times, if a large estate is involved, even long lost relatives may suddenly show up and demand their share, or someone may claim that a certain asset was promised to them verbally by the deceased before they died. Having a good lawyer on your side can help ensure that assets are divided as the loved one intended. 

Ensure That You Have a Valid Will 

Even when there is a Will, it is not too unusual to see this document be brought into question as to its validity. This can occur under a number of circumstances, and then the estate is passed to the state – where the court then decides how the assets are to be distributed – after they take a much larger cut. The validity of a Will can be brought into question for improper witnesses, a question about the sanity or clarity of mind of the now deceased, or changes in relationships, to name a few of them. This can easily happen in the event of a deceased spouse, and then the surviving spouse gets remarried, but forgets to change the will. It also occurs in the event of a divorce, where the divorced wife is still written in the will and nothing is in there about the new wife, or husband – and even the children of the divorced spouse may want a portion. A Will created by LA Probate Law will help ensure it is proved valid.  


Create Estate Planning Documents Correctly
 

Having a Will in place can prevent attempts by others from taking away the possessions that the deceased wanted to pass on to named individuals. A LA Probate Law attorney can ensure that the documents are drawn up correctly, preparing it in such a way that it will successfully prevent potential problems. Even the recording of a Simple Will can be given better assurances of passing on the assets by following steps recommended by a probate lawyer. This legal representative can also show you how to reduce potential problems by providing counsel about how to make your intentions known to the family members involved, and helping to resolve other possible unforeseen problems while the creator of the Will is still alive. Much advice can also be given about the best ways to pass on some of those possessions, too. This can involve giving away some of your assets before you die, up to the legal amounts to avoid taxes, creating trusts for education, or, they can also provide tips for the best way to remove assets so that they do not interfere with Medicare benefits.  

Pass Your Property and Assets Safely to Your Heirs 

Taking care of the future needs of your children is another very important issue that a LA Probate Law attorney can help you with to ensure their future well-being. An attorney can help you with estate planning to ensure that your property and assets are safely put into the hands of your children if you should die, and it will also ensure that taxes are avoided by creating a trust. A trust enables you to provide for your children’s care by giving them – or their guardians – money for their support when needed most, and if you have enough money, it can also enable them to go to college or get started in business. There are many different kinds of trusts available, but you should have an attorney create it, because there are many ways that a trust can fail to fulfill its intended purposes if it is setup improperly. When a trust is set up the way it should be according to Los Angeles probate law, your assets can be protected against creditors, family members who you do not want to receive anything, divorced spouses and their children from previous or succeeding marriages, and much more. If a trust is deemed to be improperly setup, it is nullified and then the assets are put into the estate, where inheritance taxes will then take a big chunk and leave a much smaller amount for the heirs. Putting your estate planning matters into the hand of professionals will help to ensure that your estate is divided up properly and quickly – keeping you and your loved ones much happier that you took the time to do it right.

Why Would You Ever Need an LA Probate Law Attorney?



 

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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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