Living Wills and the Last Will of Testament as Seen by LA Probate Law
Guardianship is a major aspect of the Probate Law. This comes into play when the children of the deceased need a person to look after them in case they are juveniles. This correctly refers to males and females lesser than the age of eighteen. Moreover, any other individual who is unable to take care of themselves also requires a guardian as stated in the LA Probate Law. This is why the hiring of a good probate attorney is required so that he can choose the person or the people who will serve great as guardians to the people who need them greatly. Furthermore, the necessity of a guardian can also be met by someone who does not belong to the family. In that case, an individual from the outside known to the family is chosen. The requirements of this type of guardians are listed in the codes 1540-1543.
According to the LA Probate Law, the mother and father of the children can choose a particular person who belongs to the family as their guardian. He can also choose a person who does not belong to the family at all. The probate law 1500 code clearly states that a different person not belonging to the family can be chosen as the guardian of the child. The process of Guardianship can also be taken for a person who does not belong to the family but still needs a guardian. It can be opted for the purposes of looking over a certain part of their property or estate. This can also be said for looking after the belongings of the individual. However, this will not be a single person’s decision. The other person must also agree to the guardianship that has been chosen for the children, another person or their property and belongings. The designation can also be successful when given by a single person. This happens when the second spouse among the duo does not yet enjoy the right to choose or voice his/her concern regarding the guardians chosen. In case, they guardians pass away, the child is adopted into family according to probate law as decided by the court.
The process of choosing a guardian for the children you have is really necessary as well as a really difficult and a confusing task. Therefore it is best to contact an LA Probate Law firm that will take the full responsibility in teaching you everything that you should need to look for in a guardian and also the benefits of choosing one. Even while you are decision making, the firm will help you to go ahead with the decision based on the facts. However, it is always encouraged that a guardian to be chosen must be really close to the family and also extremely responsible with whatever he does. In this way, you can get the assurance that your children as well as your property will be well taken care of. The firms understand that guardianship choosing is a really difficult decision and the law firm will always stay at the side for benefits, ideas and recommendations.
The last will and testament simply mean that the person who is responsible for writing the will decides what needs to be done with the property, land, estates and many other things that he owns. The paper form or record of the last will provides insight into what the decedent person wanted for his beneficiaries. It shows the various people in the will that the decedent person wants to allocate his belongings to and also the proper distribution of the assets. The LA Probate Law code has all the information regarding the allocation of the various items like property, belongings, assets and many others. The individual who has created them will enjoy the opportunity to distribute all the resources, estate, financial assets to the people he desires and in the amount he desires for each of these people or the beneficiaries. Furthermore, the codes 100 and 101 of the LA Probate Law states that 50 percent of all the belongings of the individual person can be opened up and negotiated for distribution and allocation. However, the remaining fifty percent of the assets must definitely go to the other living spouse. This will happen to all the assets that were acquired following or before the marriage.
There are also ways in which the will can be considered to be invalid. This happens when the means that were used for the acquiring of the will are not according to the law. These are cases when force was the main driving factor of the person who wrote the will. The process of coercion, threats, warnings and also blackmailing are considered to be against the LA Probate Law, and hence these practices should be always condoned. However, the will that was acquired through these processes will be completely declared to be invalid to the highest possible degree. The will can also be unjustly written by forcing the person to write the will. This is done by the use of authority to sway the person or the use of other deceptive means like making the person sign on the will by hoodwinking him. Of course, the imitation of the sign is a great crime and that can be punishable by law for a minimum term of 1 year. In order to keep away from the pressures of contemplating a will, it is best advised to seek the help of a law firm or any attorney who can really help.
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- What are the Advantages and Disadvantages of a Living Trust? - January 15, 2019
- Why Avoid Probate? - January 10, 2019
- When Do I Need a Tax ID Number for a Trust? - January 9, 2019