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Home » Article » LA Probate Law – Protection of Family Assets after Death and Tragedies

LA Probate Law – Protection of Family Assets after Death and Tragedies

July 1, 2015Article

LA Probate Law – Protection of Family Assets after Death and Tragedies

 

No one knows what life has in store for us. One fine day you might be happy and healthy to the heart’s content, and the very next day you might land up on a hospital bed. So it is very necessary to plan things well in advance so those to lift the extra pressure off those who are near and dear ones to you. You cannot control fate or destiny, but you can take a step to make things easier when the time comes. Death and other kinds of realities such as major accidents are truly unpleasant but the truth is that we can befall upon them at any point of time in our lives. So why wait for the last minute to make decisions and adjustments? Why not today, or now as to say? So if you happen to reside in or around Los Angeles, the happening city in the state of California, you should have no worries at all, for the LA Probate Law is there to take care of all your property and assets after your death. Rest assured, if anything bad befalls upon you, your property would go into the safe hands chosen by you.


The basic information and knowledge about the probate law of your native place can help you plan your and your family’s future a long way down. The probate law generally deals with all the management of assets and estates, and also is termed with the final handling of the wills. Thus to simplify the law, it states the laws and points necessary to hand over the mentioned property/ asset to the respective executor of the final will. Also it mentions terms of other things, such as the unpaid loans of the deceased person. There may be lots of scandals and fights regarding this, but the probate law mentions solutions to these kinds of problems too. Therefore, by the means of the probate law, the named executor shall make or handle all the claims of the credits and the debts of the deceased. These claims would be inspected/ verified and then carried out for transactions. Probate laws have many forms and names, and generally vary from state to state, and for the people near Los Angeles in the vast state of California, United States of America, it is the LA Probate Law which conquers the proceedings.

Finding or pointing out similarities in probate laws of different states can often be futile and of no use. Thus you got to need to know the rights of the probate law applicable to your native area to help you in your case. For the whole of the United States of America, there is a single common law regarding the will of the deceased. The law states that if a person happens to die without a will, then his assets or properties go his /her spouse. Now if there happens to be no spouse or that person, or the spouse is dead, then the estate or the asset is automatically transferred to the children of the deceased person. Now, regarding the will, the court will decide as to who gets the rights to the property. Thus, the court chooses a nominee of the deceased person by pointing some certain facts relating to the deceased, and the estate is then handed over to that selected nominee with required conditions. But there are different conditions and times when the LA Probate Law is actually required. Some of the required conditions and terms are as follows:-

  • Sometimes it may the case that the deceased was not mentally stable to make an actual legal will at the time of his/ her death. Then it must be proved in the court with proper medical certificates and documents pointing to the mental instability of the deceased, and the person who claims that would get the property if he proves that point to the court. The Probate law stands then to solve out all problems.
  • There can be many a cases where the given will does not clarify matters as peacefully and well as it should have. Unfair dealings to multiple heirs can cause problems within themselves. This can happen when the respective will was made a long time ago and has no connection to the near present, and thus is an unfair will. Again probate law steps in to solve these types of problems by legally evaluating the present terms and conditions and then distributes the property among the heirs.
  • There may be some cases of forged wills too nowadays. Many a times, when in the case of multiple heirs or nominees, due to the common mischief of some or one of them, there may be unjust tilt in the favor of them. This is a very grave and serious crime and the probate law would interfere with this if any such case is registered. The probate law would then take care of the matter and would thus set up an inquiry commission to find out the proceedings of the case. Justice would be served equally among the nominees.

The LA Probate law can be quite complex, tough and mentally hydrating due to the fact that your closest one has died and yet you have to fight for what rightfully belongs to you too. Often it can get very costly, and hiring a lawyer can be out of range. You need to know the laws by heart to claim your stakes then.

LA Probate Law – Protection of Family Assets after Death and Tragedies

 

 

 

 

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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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