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Home » Article » Sagacious Implementation of LA Probate law for Desirable Results

Sagacious Implementation of LA Probate law for Desirable Results

May 22, 2015Article, Probate

The essential purpose of LA Probate law

LA Probate law, like all other probate laws in the world, is designed to ensure that the estate and property owned by a person go to the right candidate once that particular person has said his/her final goodbye to this world. Most of the times, a person has prepared a well-defined will expressing his/her wish for the ownership of the property to be transferred to a particular person/organization. In such cases the lawful proceedings allow the person/organization mentioned in the will to get the right share of the deceased’s belongings. If the departed person had any pending debt, it is the duty of this person/organization to pay it off and keep the remaining share of the property and money. However if no one has been nominated in the will or if no will has been prepared by the deceased, then the law takes its own course and follows a specific procedure in order to decide who should be given the ownership of the departed person’s money, estate and belongings. 

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How LA Probate laws work in the various possible scenarios?

There are only two possible scenarios that LA probate law has to deal with- either the deceased had prepared a detailed will or he/she had not done so. In the first scenario, the law allows the executor, nominated by the departed person in his/her will, to rightly distribute the assets and property among the deceased’s relatives as mentioned in the will. In the other scenario wherein no will exists, the court of law takes the task in hand and appoints a blood relative as the executor. The appointed executor then distributes the deceased’s belongings among the probable owners in a manner he/she considers right. Not only do the LA Probate laws make sure that the deceased’s assets and property are distributed among the rightful candidates, these laws also lay down the guidelines on how the future owners of the property should or should not make use of what they receive.

Again, in these two scenarios there exist some sub scenarios. Sometimes the executor/representative nominated by the deceased refuses to perform the job of distributing the belongings and property among the beneficiaries and leaves the task with the court of law. In such cases, the court appoints that person as the executor who is to get the maximum share of the deceased’s property and assets according to the will. Again, sometimes the relatives of the deceased are unsatisfied with the manner in which the executor performs his/her job. In such as case conflicts arise and the court is met with complaints. Sometimes the deceased was proven to be mentally unstable or incapable at the time of formulation of will. This raises complaints from relatives and friends following which the probate court often has to scrap off the will and nominate an executor by itself. Many a times, the beneficiaries of the deceased’s property and assets complain about the time and costs involved in the probate process and aggressively express the discomfort they have to face. In order to address these aforementioned issues, LA probate law have been revised time and again. Also the LA jurisdiction has made sure that the process is completed at the earliest so that the beneficiaries do not have to face any trouble.

Why LA Probate laws are good for you?

Unlike the probate laws in other states of the US, LA probate laws are more complacent and flexible. The biggest benefit of the LA probate law is that once the identity of a beneficiary and his/her relation with the deceased are verified, the beneficiary no longer has to fret and worry about receiving his/her fair share of property and assets. However, the verification process is long and therefore highly time consuming but that is probably the only con of the LA probate laws.  

How to make the most of LA Probate laws?

While the essential purpose behind all the probate laws of the world is same, they vary from place to place in terms of their characteristics and functionality. To get maximum benefit out of the probate laws, one must research about them deeply and carefully with respect to their own nation, state and city. For instance if you are living in LA, it is important that you are well versed with the provisions of the LA Probate law. First of all don’t ignore the process of preparing a will because life is highly unpredictable and you don’t want to leave your loved ones in mess after you have left them and this world. Not only does the non-existence of a will lead to myriad troubles for your family later on, it can also cause serious rifts among your loved ones. It can specially raise voices if you have children from your previous marriage(s) and are presently living with your present wife and children. Make sure you prepare a will that clearly defines how you wish your assets and property to be distributed and also nominate only that person as the executor whom you consider highly reliable and trustworthy. While preparing the will one must take care of everything such as taxes, outstanding debt and expenses, insurances etc. Also the formulation of the will should be taken seriously and should be done under the guidance of an experienced attorney. Make sure your will does not give rise to any major conflicts among the probable beneficiaries.  Also if you own any property or assets jointly with someone else make sure you will rightly define how your share of property must be transferred.

 

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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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