• 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      • Is Your Estate Plan Outdated?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 – Some General Information you Should Know

LA Probate Law – Some General Information you Should Know

June 22, 2015Article

LA Probate Law – Some General Information you Should Know

 

Probate is the legal procedure of managing the distribution of wealth and properties amongst the heirs after the death of a person. It is important that you prepare yourself for the tough job of end life decisions and make legal arrangements accordingly, so that your ultimate wish can be fulfilled. The probate will help distribution of all the wealth and money you have earned for the lifetime amongst your near and dear ones, and in a peaceful and legal way. It is therefore very important to do the estate planning. If you want that after you leave this world the important ones of your life, for whom you have toiled all your life, receives the benefits of your assets as you want, you must do the planning and set up a probate. Yes, you will not be there in the future, but that does not stop you from caring about your loved ones. Amongst the 50 states of USA, there are different probate laws for each. In this article we will try to throw some light on LA Probate Law with the purpose of helping the aged and elderly persons of Los Angeles in matters of setting up probates and planning their estates.

In the process of setting up the probate, the very first step will be to get an experienced LA Probate Law attorney on your side. Legal matters can sometimes turn up to be quite complex. A good lawyer should be able to guide you through the whole process. Another important thing is to get all the papers regarding your trust and estate arranged properly. When you have all the legal documents with you, it is easier to follow up. Lack of proper documents may lengthen the process and can cause unnecessary troubles. Now there can be many options for you like setting up a trust or planning an estate. Setting up a trust generally refers to when you arrange the probate in a way where your property will be supervised by a third party for the actual heir. Setting up a trust will help your family members in a large manner, save them from lots of legal hassles in future. There are a number of benefits of setting up a trust. The probate process will be brief and fast if you have set up a trust. Another thing is that with a trust, the estate management plan will be kept private, unlike other probate processes, until someone challenges the conditions of the trust.


The lengthy and complex processes regarding probate become much easier and briefer if you set up a trust. You need a “trustee” i.e. the third party that we referred to earlier for setting up the trust. The trustee is generally an officer of a financial institution but you can appoint anyone as a trustee. In the trust you can include all kinds of property of your possession. At this point, again, the need of a good attorney is prevailing. The attorney is preferably to be local, i.e. if you are living in LA, your attorney should also be practicing from LA or at least have thorough knowledge about LA Probate Law, as the law is different in each state. Internet can be a good source of finding good lawyers with knowledge about probate laws. Connections can also help you in this matter.

While doing all these, it is advised you keep in mind the matter of tax. The best way to keep it minimized is Living trust. It reduces the property transfer cost very much if done in the correct procedure. The living trust also reduces the time taken for the legal procedure and also reduces the hassles. According to the LA Probate Law, if you are single and all your property is within the state, then the property transfer of living trust will be accepted as separate, but if you are married, it will be community. Having a good knowledge about the probate law helps you very much settling this issue. If there is lack of information on your own, a good, knowledgeable attorney can serve the task. The probate law looks after the management of your assets till the handling of the will.

As the probate law varies from state to state, you need to have special consideration about the particular law applicable to your place. There is a common and single law applicable throughout the United States of America about the probate that if a person dies without a will, his/her property goes to his/her spouse. But there are some specific and individual terms and conditions in LA Probate Law, making it sometimes quite complex. Some of the terms and conditions of probate law of LA are:

1.      If someone dies without making a legal will due to mental instability at the time of his death, it must be proven in court with proper medical documents provided by the person who claims the property.

2.      Many cases can be found where the will does not clarify all the distribution of assets properly, especially in case of multiple heirs. This can hamper peace between them. Reason for it can be that the will was made much earlier and has no connection with the present. In this situation, the court evaluates the present market values and the terms of the will and then makes a fair distribution of the assets amongst the heirs.

LA Probate Law – Some General Information you Should 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.