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Home » Article » LA Probate Law – Find Out what it is and How You Can Benefit from it

LA Probate Law – Find Out what it is and How You Can Benefit from it

April 13, 2015Article, Probate

LA Probate Law – Find Out what it is and How You Can Benefit from it

 

Legal terms are not easy to understand. There are hundreds of people who are not aware of terms like probate or penalty. Even if they are aware of the words they are not sure about the importance of the terms or the effects of these words. If you have started earning or you have assets then it is mandatory to know such legal terms as otherwise you may face great difficulties. Probate simply means transfer of property after the death of an individual. The process starts once the beneficiary files a case in the probate court. It is not necessary that always relatives or heirs will start the case. The process can be initiated by a creditor as well. Only a local court will address the issue which means if you are residing at Los Angeles then you have to visit a LA probate court. If you want to file a case you have to know LA probate Law to some extent. A probate process can be set up within three years after the death of the concerned individual. If the deceased individual has left behind a will or a testament then you do not have much to worry. The court does not interfere in family matters if there is a legitimate will. Once the validity of the will is verified and the court believes that no rightful beneficiary has been denied from his rightful possession, the probate process will get over smoothly. However at times relatives may raise allegations of forcefully drawing up the will at the time of death of the individual. The court steps up to find out the truth. The person accused of the allegation will not get a single penny if the allegation is found to be true. If the allegation is found false then that particular relative may even get legal punishments for raising a false allegation.

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If there is no will or testament then the process can take quite some time. The process takes an elaborate form as the court tries to determine the beneficiaries to the assets. The estate is divided among the beneficiaries as a percentage or equally depending on the relationship of the beneficiary to the expired person. If the spouse is living then generally all the property rights are passed along to the spouse. In case the spouse is dead or missing the children receive the rights to the assets. The process gets complicated if there are too many children or the children are minor. According to LA probate Law, if the children are minor then the court selects an administrator who takes up the role of managing the estate and the assets. The administrator does not have any legal rights to the properties. He just acts in good faith for the benefit of the children so that when they grow up they can assume their responsibilities.

If you are a claimant then hire a good LA probate Law expert. No matter how well versed you are with legal jargons but you can never match the skill of a LA probate lawyer. The lawyers have been dealing with property cases for years and so they have rich experience in this field. Laws of every state are different. Probate law of Los Angeles is quite different from other states. Moreover the laws keep on changing and updating. Only a lawyer will know about the recent changes to a particular law. He will guide you as to how a law can be used to your advantage. He can even speed up a probate process by directing the case in the right direction. He will provide you relief from the legal troubles. You won’t have to lose your sleep on estate management, transfer of ownership or asset distribution as he will take care of everything. After losing someone close to your heart you will not have the emotional strength to battle through the rough times. A probate lawyer will file the petition, handle and monitor all the legal hassles and make sure that you get your claimed share at the end of the day. You have to look for a good lawyer who can carry out this daunting task. You have to meet a number of lawyers and talk to them about your problem. Draw up a comparison of the offered solutions and find out for yourself which can be the best way to tackle the situation. You will be able to select the suitable lawyer for your case. 

If you want to save your family from legal glitches then you draw up a will immediately with the help of an experienced LA Probate Law practitioner. Your will have to include the names of the beneficiaries and a detailed estate plan. The will has to be signed in presence of two witnesses. The witnesses have to sign and verify the will. Do not make frequent changes to the will as it leads to confusion later on. If you are the owner of the will then is better if you destroy all the previous wills and only keep a final version of the will intact. This will protect your family from any kind of fraud and they will get what you wanted them to have. You can set up an executor as well. The job of an executor is to monitor whether all the conditions of the will have been carried out or not. If you have not mentioned any such thing in the will, then the court will give the responsibility to a suitable individual on your behalf.

LA Probate Law – Find Out what it is and How You Can Benefit from it

 

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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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