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Home » Article » LA Probate Law and the Need of Estate Planning and Management

LA Probate Law and the Need of Estate Planning and Management

May 10, 2015Article, Probate

LA Probate Law or Los Angeles Probate Law is a legal process that takes the responsibility of the property, estates and all other belongings of a deceased person and manages and distributes those resources to the heirs, in the presence or absence of the will or testament provided by the deceased previously, in the most possible peaceful and harmonious way. It’s quite easy to describe the situation, when the head of a family dies and the family faces the greatest turmoil, in ink. But at that point of time, the distribution of the properties and subsequent backlashes among the family members, resulting in the worsened tumultuous circumstance of the family can hardly be explained. During this course of time, LA Probate Law appears in the scenario to resolve all the differences among the family members by distributing the rightful percentages of property to the rightful heirs. There are fifty states in the United States. Each of the states has got its own bunch of probate regulations and legal procedures. Among them the laws enacted in Los Angeles have the most significant features in it.

Estate planning and management before the death of a person can be made in two most probable ways. One of the ways involves setting up of a trust. A trust and in extension a trustee is a person who is given the responsibility of distributing the property going through the legal hassles and intricacies. Generally the high ranked officers are entrusted as the trustee. The other way of making the distribution plan is to make a will dictating and describing the pattern of distribution of the property of the various members of the family and other beneficiaries as per the wish of the family head. LA Probate Law solves the related problems whether any of the ways are adopted or not. Being entrusted as the trustee is a huge responsibility itself. The trust needs to keep track of every legal step and verdict. They need to maintain an accounting register to mention and keep track of the valuations of the belongings, the expenses incurred in the legal process, the percentage details, the strategies of effective legal procedure handling and above all working as a counselor to the bereaved family who have just lost the dearest person. A trust is a safe custody for the property values, their distribution patterns and the wishes of the deceased person. The organization never discloses the salient features of the will of the person in public. But owing to circumstances, when the validity of the trust is at stake and the court asks to show the evidences of transparency of the will made by the person on complaint of any of the heirs, the trust gets compelled to reveal the secrets in public before the honorable court. However in all ways setting up a trust frees the bereaved family members from facing the hassles and legal complications and intricacies of the Probate Law. Making a will or testament is the best way of estate planning declarations. The court pays the greatest importance to the will and distributes the properties as per the wish of the person stated on the testament. Of late, many of the heirs and beneficiaries try to illegally forge the amount of property in their favor by taking the ways of sycophancy or any other unintentional ways. These are criminal offenses. LA Probate Law possesses the strictest measures against these types of forgeries. The court sensing irregular tilts in the will orders a thorough investigation of the true story inside and distributes the property accordingly.

The distribution of property in case of non-availability of any trust or will takes place in the following protocol in accordance with the LA Probate Law. In the absence of any valid heir, the first nominee for the property is the spouse of the deceased. The spouse being dead, the children of the dead person claim the right of being the next legal heirs. In case of only one child the probate process is quite easy. The court declares the child as the legal heir and hands over the whole property to him/her. But in case there is more than one child, the property is equally distributed among them. If any of the children is minor in age, then the court employs a temporary candidate to look after the property rightfully owned by the minor child until the child grows and becomes intelligent enough to understand the significance of his/her property and learns to protect that part of the property. The court also checks for some more conditions before handing over the property to the decided nominees. The deceased being mentally unable or unstable to make the will at the time before his/her death, the evidences of instability are to be provided before the court. These unstable testaments are verified along with the evidences provided to validate the real nominee. There are also situations where the will was made a long time ago and the present scenario has no match with the previous circumstances. Some invalid beneficiaries, who are not valid to have the properties at the present time, may also be in that will. In such cases, the court verifies the present situation and declares the legal owner accordingly.

In order to get the best verdict from the LA Probate Law, hiring a good and experienced lawyer is of the primary importance. The lawyer must have the expertise to face and solve the critical situations evolved during the course of the probate process. This demands a certain amount of dollars, but frees the family from the hassles of court cases, especially when the family suffers from the great loss. So being the citizen of Los Angeles, one must not worry about his/her property’s fate since LA Probate Law is there to protect the property and distribute them to the fated descendants.

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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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