LA Probate Law: Q & A
Q: What is probate? A: Probate is the court process by which a Will is proved valid or invalid. If a person has died and left the well behind this should be a simple process to get through. It becomes more complicated when the person has died and there is no will which is the case for most people. If the will is been made and you get remarried the prior will becomes invalid according to LA Probate Law. Q: Why does not having all will make things more complicated? A: When you have a will you are making clear what your wishes are after you die. Without one you not designated an executor for your estate. If you do not have a will someone will be designated by the administration of estates. This will usually be a close relative. If by chance the beneficiary of your assets is a minor child more than one executor will be named. This is to ensure that the best interest of the child is look after. Q: So what does the executor do? A: This person will need to get letters of administration if there is no will. If there is a will they will need to get a grant of probate. This is known as grants of representation.
Q: Is this the requirement for every estate? A: This is not necessary if everything altogether as far as your assets are concerned is less than a certain amount in total. It is also not necessary if everything that you owned and was owned jointly. It will definitely be needed if your assets total more than a certain amount, if there are stocks and shares, land or property or certain types of insurance policies. Q: What job does the executor have? A: This person is set as the executor so that they can properly administer all assets of the state, be it according to either the will or other rules of intestacy. It is their job also to determine if the state owes an inheritance tax and if so that it is paid. Q: How much would I owe? A: If all assets are less than a certain amount there will not be enough inheritance tax to pay. Anything above this amount will be taxed at a certain percentage. To find out what the amounts and the percentages are you will want to contact an LA Probate Law expert. If all assets are passing directly from one spouse to another there is an exemption. Therefore there would not be an inheritance tax to pay. This is also true for civil partnerships.
Q: Is there any way to mitigate this tax? A: One way is what some accounts refer to as voluntary tax. The first thing you need to do is write up a will. It is possible to take inheritance tax planning after someone has passed away. The Will will need to be changed to a deed of variation. Within two years of their death a surviving spouse has the opportunity to vary the will that was written together. This can happen if there was not in inheritance tax planning put in place. This is in regards to married couples. An example of this would be if a husband has died and left every bit of his assets to his wife. The wife in turn would like some of that to go into trust for the children, she can get a deed variation written up to make this happen. Q: At what point does the inheritance tax have to be paid? A: Your inheritance tax has to be paid before you can get probate. At times this can be difficult, when you have been facing the situation that you have and not receiving the probate first. Some banks will now release funds to pain the inheritance tax to try and get around this. Q: What if there isn’t enough money? A: Any money that is outstanding beyond a six month period after that person has died will then begin being charged interest. There is the option of LA Probate Law getting you to pay the inheritance tax in installments.
Q: Can I receive a loan from a bank to pay this bill? A: This option completely depends on your circumstances. Rather than delaying payment you may choose this option as it will give you tax relief on the interest. Q: Can things be sold to pay the bill before I get probate? A: You cannot sell anything until probate is granted. Q: How long does the entire process usually take? A: It can take more than a year as extra delays are built into the system. It is expected at any estate over certain amount has to submit a detailed accounting of all the contents and their proper values. So realistically it all depends on how complicated the estate actually is. It is wise of you to seek the legal counsel and advice of an LA probate law expert. This is even more so the case if there are assets and property of the deceased that are abroad. Whatever country you have property in you will have to find out what that country’s inheritance tax laws are. Whenever you’re purchasing property abroad be mindful that you need to rewrite your well to avoid any extra hassles.
LA Probate Law: Q & A