Legalities and Processes Regarding Probate Law
Probate Law processes has a few different phases and the fluidity of execution relies on a few factors. First and foremost, preparation is paramount. The more one prepares now, the more simple you could anticipate the process of carrying out your estate planning for your loved ones. Visiting probate law professionals such as LA Probate Law, you can rest assured that most hiccups in the process will be averted before they begin. What are some of the snags that can give your loved ones unnecessary duties relating to the estate disbursement after your passing? One example would be if someone contests the last will and testament. Someone can call into question the validity of the will if they believe someone was unfairly coerced into bequeathing certain possessions with threats, guilt trips, and/or ultimatums. Another reason a third party can challenge the estate stipulations would be challenging the mental capacity of the individual at the time they signed the will. Obviously, the sooner you address your estate planning needs, the less water this argument can hold. While there are a multitude of other reasons someone can try and argue the validity of one’s last will and testament, the third most common, and last addressed in this particular article, would be arguing that proper protocol was not followed in a legal sense. There are legal formalities that must be adhered to, but as long as you have the proper guidance, these instances can and will be averted. The single common constant that can avoid any and all of these snafus is professional probate management. One must work with a firm that is familiar with the ins and outs of such circumstances and the more experience the law firm has, the more secure you can feel in your estate being dispersed as you truly intended.
After an individual passes away, loved ones must begin the probate process. If you have a professional estate planner such as LA Probate Law in your corner, the probate process can move much more smoothly and any delays or necessary additional steps can and will be done, or aided by your probate law firm. In most cases, where there is little delay and everything was prepared as well as possible, the probate process should take six to seven months. In contested cases and when vague parameters are the ground work for estate disbursement, worst case scenarios are two to four years. The reasons these things cannot be done immediately are to protect everyone involved. With a properly secured last will and testament, the courts must first address what debts are owed and what properties and/or possessions must be liquidated. Once all business situations are resolved, the benefactor can help a great deal in this process, as with all of these processes, then liquidation becomes priority. While liquidating an inventory of all valuables must be made. Obviously, the more diligent the task of estate planning was followed through with, the easier this process is. The benefactor and/or fiduciary then begin the process of bequeathing the goods in accordance with the deceased’s wishes. If there is no last will and testament, the property is dispersed within the parameters of each individual states probate laws. This is cold and calculated and rarely mirrors the intent of the departed, but there is no other choice if one was not adequately prepared. Again, the common theme remaining that the more diligent one’s preparation, the more adequately the wishes may be followed. While this summary is hardly all encompassing, there is one last note that must be taken into consideration when determining how long the process will take and how much legwork will be necessary for follow through. That is if beneficiaries are intra state or interstate. When involving beneficiaries from another state, an executor and/or the representing law firm must contact the probate administration in each state and follow the guidelines set forth for each corresponding state. This leads us to probate administration.
Probate administration is simply the following through by the representation (law firm) and the benefactor to disperse property and finances. Once the courts approve the details laid out in one’s last will and testament, have secures the finances needed to settle any and all debt from the departed, and the state is satisfied regarding estate taxes and any court fees incurred, the benefactor has the green light to begin bequeathing property to heirs. Before doing so, the benefactor must go through any and all legal channels corresponding to recipients from other states. This is just another example of how and why having a professional estate planner like LA Probate Law on your side. Even when dealing with out of state laws and processes, probate law firms have experience and know the avenues of least resistance. There are other tips and tricks the best estate planning consultants will help you with, in order to avoid high fees and lengthy negotiations. While not addressed in detail here, you should definitely be apprised of their benefits from your probate lawyer. These include, but are not limited to, joint ownership and the right of survivorship, gifts, and revocable trusts. If your consultant doesn’t address these opportunities, be sure to ask if they are applicable to your particular situation. Knowledge is power, attain all the information you can to make the right decisions.
Legalities and Processes Regarding Probate Law
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- Veterans Benefits Can Provide Much Needed Assistance - May 23, 2019
- What Is a Medi-Cal Trust? - May 23, 2019
- Estate Planning Procrastination Had Devastating Impact on LA Legend Morrison - May 21, 2019