LA Probate Law – Finding the Reasons for Probate Requirements and Duties of a Probate Estate Administrator
When do we need probate law? When do you need to go to probate court? Well, such questions are common amongst all, especially, when a near and dear one of the person passes away. Probate law is concerned with the estate management of the deceased and from state to state it varies. For example, probate law California will be completely different to the LA probate law. There are some minor or major alterations in the probate law of each of the states. Dealing with probate law can be a saga of pain and a lot of hectic. This is why finding a good probate attorney is imperative, as well as an integral part of the probate process. What is probate? To define probate, in simple words, we can state that probate is the transfer of the assets or properties of the deceased (including real, movable, immovable properties) through a legal process. This legal framework, which is needed to determine the administrator of the estate of the deceased, is known as probate law. In our lifetime, no matter in what profession we are, we must have gone for some loans, we must have some insurance policies in our names. Probate process also makes sure that our creditors can get their money back in a proper way. If any claim has been lodged from any creditor, the probate court will determine its validity and will decide the amount that needed to be paid to the claimer. In another way, probate law is beneficial for keeping the interest of the both the sides. Creditors will get their sum, as well as the family members of the deceased does not have to pay for any false claims. As the claims will be judged through the legal process, false claims can be identified neatly and can be eliminated.
When Probate Is Required? – Find out Top Five Most Common Reasons
Generally, five reasons are present there, for which the probate process is required. Let us eye on these reasons, through this section of this article. First and foremost, the probate process is required if there is any dispute in the will or the testament of the deceased. Now, dispute of a will can be defined in several ways. In most of the cases, wills are not properly generated. Sometimes, clarity of the will is under the question. Mental incompetence of the deceased is also a matter of concern and for this LA probate law has to be applied, if the deceased was a resident of Los Angeles. Mental incompetence means, due to some disease or age the deceased was not in the condition to make his or her will neatly. In such cases, probate court determines the validity of the will and if the mental incompetence of the deceased is proven in the court, the court will decide the property distribution of the deceased. On many occasions, intervene of undue influence which forced the deceased to make his or her will is reported. The probate court will validate the authenticity of the report and will take necessary actions for that.
Another common situation builds up when the deceased do not have any last will or testament. If there is no will, then automatically, the right for estate management of the decease goes to the spouse of the deceased, according to the LA probate law. If there is no spouse, children are endowed with the estate management rights by the order of the LA probate court. Now the situation can become real tricky if the deceased was single or unmarried. Thus, there will be no spouse, not even any children. Thus, determining the nominee for the estate management of the deceased becomes really tricky and a matter of legal justice. In case of jointly owned property, after the death of one of the owners, automatically the other owner becomes the legal sole owner of the property. In case, if there are no jointly owned properties, probate law comes into the picture again – this is the third reason for which probate is required. The fourth reason for the requirement of probate law can be described as – if the assets were owned as a Tenant in common or joint tenancy. Absence of any designated beneficiary can be stated as the fifth reason for probate requirement. In case of life insurance or certain savings of money in the banks, a beneficiary name has to be mentioned. If there is no beneficiary name or the beneficiary has also passed away, then probate law is the only way of solving the issue by distributing the money among the relatives of the deceased in a legitimate way.
Administrator Duties in Probate Management
According to the LA probate law, an administrator for probate estates has many duties. Starting from burial arrangements to disperse inheritance assets – a probate administrator has to do all these stuffs neatly. The job of the administrator can be pretty tiring and time consuming. And, if the administrator of the estates of the deceased is his or her spouse, then situation can become worse. Rapt inside the trauma of losing the nearest one and dealing with probate law in such mental condition is exhausting. To ease the duties of the probate estate administrators, probate attorneys can be the best solution. Finding a good probate attorney is crucial for this and in order to do that you need do a bit research. The good probate attorney will always make the legal process easier for you, by representing you at the probate court and providing you useful legal advices.