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

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LA Probate Law – Choose Trusts over Wills or Testaments for a Stable and Favorable Outcome

June 28, 2015Article

LA Probate Law – Choose Trusts over Wills or Testaments for a Stable and Favorable Outcome

Some decisions in life need to be taken at the right time because the outcome can affect a lot of people and things. When people lose their lives, they leave behind people who depend on them for their survival. They are responsible for human beings who are not yet capable of catering to their own needs. Therefore, they should make sure that they make use of the present legal system to bind all their properties, estates and assets to them after they are gone. They need to address the LA Probate law and have each aspect and formality covered so that no scope of error or misconception arises from it. Losing someone whom a person loves leaves behind a lot of pain and emotional turmoil in the heart and mind of an individual. They become vulnerable and may not have the required mental strength to verify all the legal details. More importantly, they don’t have the capacity or tendency to face the court and go through trials to acquire what is rightfully theirs. It is best to avoid putting someone so near and dear in such a tricky situation by taking care of will or trusts in a timely manner. There are 50 states in the USA and all of these states have a different approach towards probate law.

In the process of probate, a person needs to gather all the documents and make sure that they are correctly formatted and filled up. If this is not done then the process gets elongated unnecessarily and the person has to face a lot of hassles. Trust can be defined as the process in which one party holds the property for the benefits of another. The property of a person will be supervised by a third party to carry out the person’s wishes after they die. They will handle everything according to the needs and demands of that person. If a trust is set up properly and in a foolproof manner, then the family members of the deceased will be able to live in peace and comfort. This is because the distribution of property and assets will be done according to a specified procedure and this is in the best interests of those left behind. According to the LA Probate law, a person can put all kinds of properties in a trust. These include tangible and intangible properties. The person or third party who is in charge of the trust and is responsible for carrying out the transfer of property is called a trustee. A trustee can be anyone and a person can choose the best option according to him or her, but generally, banks or financial institutions are chosen for this task.


When a person compares the setting up of a trust to a will or testament, most probably the person is going to come across certain advantages that will make this choice seem better than the others. If a person chooses to set up a trust then he or she is able to keep all the details about the properties and assets a private matter. Also, trust documents are not required to be filed with the court and no unwanted outside source will have an access to the details of the trust of a person. Setting up a trust will ensure that the ones who are left behind are not harassed or troubled because this is a method which surpasses the lengthy LA Probate law and the process. However, there are a few key points that the person can consider before choosing to set up a trust. If someone challenges the terms of the trust and files a lawsuit on it, all the private and secure details will come up in front of the public for due evaluation and verification. Setting up a trust is a very complicated process and a person should do so under the guidance of an expert or professional because they are experienced and skilled in this field and have a clear idea about what works in the best manner.

This guidance and support can be provided by a good probate attorney as they are aware about all the nuances and norms that concern this law. Those who live in Los Angeles have to hire a local probate attorney who deals with the LA Probate Law. This is because each state has different rules and regulations of probate and the local attorney can determine the laws which will work for those who live in that region. People should take their time when they look for the best probate attorney because only skilled and experienced people can perform their duties in an ideal manner. They can set up interviews with a narrowed down list of people and then choose the best lawyer from them. They can also consult their friends or relatives and find out about the attorneys they are consulting.   Nowadays, there are many websites and online references which can be checked out and evaluated by people before choosing one single attorney. It is observed that probate law can be quite complex and mentally challenging for most individuals. This is because of the emotional and physical stress that comes with the passage of a close family member. There are a few people who have to meet a lot of expenses to fulfill all the formalities of probate and they are unable to hire an attorney.

LA Probate Law – Choose Trusts over Wills or Testaments for a Stable and Favorable Outcome

 

 

 

 

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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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