Estate management is not an easy task, especially for those who have acquired a lot of belongings in their lifetime. For estate settlement or management, probate law often comes into the discussions. The reason is that probate law is an integral part of estate management. This article will illustrate different aspects of estate management and the function of the probate court in order to make the readers accustomed with different parts of LA probate law. The probate process is complicated and to know the probate law of Los Angeles, first we need to learn the function of the probate court. Back in 1643, in Massachusetts, the first probate court was established. Since then, a lot of changes have been taking place in probate law of different countries. In fact, in the USA, you will find a lot of variety in probate approach, depending upon the geographical territories or boundaries. Each state of the USA has a different probate law to offer. Though the basic part of the function is more of less the same, the approach varies from states to states. This article will cover different facets of Los Angeles probate law. The role of a probate court is diverse as it includes the complicated legal acts, like – archiving the last will or testament of the decedent, maintaining estate records, keeping estate inventory and distributing inheritance property, etc. By establishing equity law, probate court oversees the matters. The most common types of cases, which are presented in probate court, are as follows: conservatorship and guardianship, estate management, inheritance disputes, etc.
What Is Probate?
Before going further with the LA probate law, let us learn the meaning of probate first. This will aid us to understand the legal aspects smoothly and swiftly. Probate is basically a practice or an act of transferring property rights, which belong to the deceased person. The probate process starts with filing a petition by an heir or a person who is supposed to inherit under the will. In some cases, a creditor can also start the probate process. The petition can be initiated on the 5th day after the death of the person up to 3 years. The petition should be filed in the local court. This means if the deceased was the resident of Los Angeles, then probate process should be initiated in the LA probate court. The Will or testament of the deceased carries the most significant value over here. If the will or testament is there, then the probate process becomes pretty hassle free. However, someone can raise questions against the will and its validation. For example, if the will is accused to be made forcefully before the death of the person, then probate law will investigate this allegation and find whether it is true or false. If the allegation is false, then the property of the deceased distributed according to the will. However, if the allegation has been proven as truth, then the claimer gets certain benefits and the accused person or persons may face some penalties or legal punishments.
Now, the matter becomes complicated when there is no will or testament. In such cases, the probate court determines the beneficiaries and according to that property distribution takes place amongst the relative of the deceased. Generally, wife or spouse is considered as the most eligible person to be awarded with the property rights. In case of absence of spouse, children are considered as the beneficiaries. LA probate process is quite lengthy, as a lot of things and a lot of aspects are needed to be covered through the legal process. This is not just property distribution, but eliminating false claims and validating legitimate claims are also the parts of this process. To deal with LA probate law, this is why finding a good lawyer is suggested. Not a general lawyer would serve your purposes, you need someone who is specialized in this field and experienced enough to provide you complete relief from the hassles of the legal process. Losing someone closed to the heart and then dealing with the legal matters would be a pretty daunting experience. A probate attorney will serve you in many ways. From probate petition filing to supervise the overall process on behalf of you – have been managed by the probate lawyers.
Finding Good Lawyers – The Most Important Part
To deal with LA probate law, the need or essence of having the legal support of an experienced and expert attorney cannot be denied. However, the biggest challenge is to find out the suitable lawyer or attorney. A bunch of lawyers can be found and all of them may be good. You need to judge their meticulousness, which is a tough ask for someone who does not understand different aspects and sects of probate law. Hence, it is important for the service seekers to surpass the legal or technical jargon. All you need is to tell your problems in deep and with precision – make sure that not a single thing is hidden or concealed or ignored. Then, it all depends on listening to the lawyer. If you find that person is providing your beneficial advices and meticulous promises, then go for his or her services. It is always better to find a number of good lawyers and getting into the meeting with them. Meet them individually, talk with them in details and try to understand their services. Then, draw a comparison between them to select the best one amongst them. This is the simple process of finding a good lawyer!
LA Probate Law – Understanding Probate Process and Hiring a Good Lawyer
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- Many Reasons to Plan - July 8, 2019
- Use Resources Efficiently With a Special Needs Trust - July 7, 2019
- Business Structures That Provide Asset Protection - July 6, 2019