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The Schomer Law Group, Los Angeles and Los Alamitos Estate Planning Attorneys

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Why it is Important to Follow the LA Probate Law?

June 30, 2015Article

Why it is Important to Follow the LA Probate Law?

 

We are all aware of the fact that every person’s life meets the end. No one on earth can be inevitable. We need to be prepared for such incidences and we need to make sure the family of our after our death does not have a hard time, financially. For this purpose only we have the probate laws. It is imperative that one has full knowledge about the LA probate law. This law is very essential when it comes to the estate management and also handling the final will. Through these laws we see that the will of the deceases will be interpreted and all according to the will be done. In case if the will is not clear enough to hand over the estate or the property of the dead person then we have the court deciding the right person to handle the property or estate based on the USA government laws. We need to keep in mind that in the USA, each and every state has its own law. Hence, it is necessary to have full knowledge of the probate law according to your own state. If this fact is disregarded there are a lot of chances for the person to be mixed up in a huge mess.

There is a common law in the United States when it comes to estates stating that when a person dies, the estate rights automatically goes to the spouse of the person. In case, if the spouse is deceased then we see that the children are the next in the line. In case there is more than one that is where the problem arises and the court comes to action. There are many other reasons where the court comes into action. One of the biggest reasons is improper wills which do not follow the LA probate law. In this case we see that some people do not have a proper nominee in their wills. We see that there is a lot of confusion in the will too. In that case it would be difficult to nominate the person who will be taking care of the property. Hence, we would need the assistance of the court. In case there is a spouse of the deceased then the property is handed over to that person, or if even the spouse is not alive then the children of the dead person are to be handed over the property. The court will nominate a person on legal grounds on who could take care of the property based on their financial backgrounds.


One other case where the court can handle the cases would be where the owner of the property is not mentally fit to be making decisions. Due to old age people may suffer various illnesses and this one is very common. Some people may also at a younger age may not be fit enough to draft a will. This has to be proved by the medical certificate of a doctor. In case it has been proved, the correct nominee will be chosen according to the LA probate law as mentioned earlier. There are so many cases that are being reported these days with the forced creation of the will. This has become a very big problem for the court. This problem prevails mainly when there is more than one person competing for the post of the nominee. The main target is the person who is creating the will. He or she is forced to nominate the person. Hence, we need to make sure that the person was not forced in any other way. In case we have sources proving that the person was nominated only by pressuring the deceased person the court makes sure the person is kept off the nominee list and other nominees are considered for handing over the estate.

The probation cases are very overwhelming for anybody trying to handle it on their own. Already, they will be grieving the death of their loved one and added to it taking this responsibility is very difficult. This is the main reason we need to look for a good lawyer. This will be really very helpful for the person. We also see that the whole process can get really complicated and at the same time pricy. We need expert advice. We need to make sure that we are selecting the right guidance that we can get. There are so many lawyers out there who handle the LA probate law cases. It is always best to look for those lawyers who are very well experienced. This is because they should be able to handle any kind of cases. We also need to consider their victory rates. We can easily find that out using sources like the internet. Finally we just need to consider the cost that we will be paying for all their services.

We need to understand that these cases need to be handled with high amount of preciseness and also at the same time we need to make sure that we follow the LA probate law to avoid any confusion. All the legal matters and discussions will be handled by our lawyer. We need to not bother about any of the procedures. We need to basically trust our attorney. There are lots and lots of papers to be filed and all this will be taken care by our attorney. We just need for the property to be handed over to us.  

Why it is Important to Follow the LA Probate Law?

 

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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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