As observed by Allen Saunders, “Life is what happens to you while you’re busy making other plans.” Truly, life is a very curious affair where people hold no control over it. But at least they can conduct and modify the way they wish to see their family and scions live in the future- with bliss and happiness or with misery and difficulty. This can be pertinent to the process people distribute their possessions and assets that they have earned with their hard way through their life span. It is for sure that nobody wishes it to lose in the wrong hands and to be caused a bad use of. As the responsible human beings it is their accountability to provide merriment and prosperity to their loved ones, by making sure that despite they will exit this world, your family members and closed ones do not have to suffer. In order to execute this, several people make their wills or testaments with the guidance and assistance of the lawyers. The law itself is a huge-scale and complicated matter with a wide variety of categories, covering each and every possible fact that is directly or indirectly affiliated with the human life. After a person passes away, ownership of his or her possessions, belongings and personal assets must be legally transferred to the successors listed in the Will. Probate is a procedure that ascertains the Will of an expired person is authentic, so his/her property can in certain period be transferred to heirs of the Will. If there is no Will, the person exiles intestate, the court assigns a Personal Representative to take over the responsibility to distribute the decedent’s belongings in accordance with the laws of Descent and Distribution and the persons accepting properties are entitled by State Law. Agreement of probate is the initial step in the legal procedure of controlling the holdings of a deceased person, dissolving all claims and circulating his possessions under a Will. While discussing the various aspects of Probate Law, the LA Probate Law must be referred to.
The term ‘probate’ is borrowed from a Latin word which implies “to prove the will”. Probate Law is a segment of the law that most of the people rarely think about as it is a judicial process dealing with a specific unpleasant and dreadful reality. It is the area of law that engages conducting estates and managing final wills. The LA Probate Law is associated with the interpretation of the ultimate will of the deceased. It is concerned with all the various attributes of the final will of the person, such as, determining the executor of the estate, focusing on the interests of successors, and, last but not the least, taking into considerations the claims of all the other parties associated with the deceased. The law, though a little uncomfortable to discuss about as it brings to the mind a sense of loss that is about to occur some day or the other, is an important aspect and having a sound knowledge on the pros and cons of it will help one make sure that his near and dear ones get the share of his property as has been wished by him. Though any person who has attained the age of eighteen is entitled to make last will, people takes into consideration the issue much later, generally after a attaining a certain age. In case one dies before making the necessary arrangements of the will, his assets are distributed among his rightful heirs according to the law but this can never ensure the distribution of the property according to the specific wishes of the deceased. This has a significant implication.
The existence of a will often leads to serious confusion among the successors after the death of the predecessor and this has a higher chance to give birth to friction among the claimants. The death of the nearest one is in itself a very tough reality to cope with and the time consuming legal hassles adds to the suffering. A legally sound will be of immense help to avoid such unhappy circumstances. In places where communal property law exists a property without a will would definitely transfer the whole estate to the spouse of the deceased. The situation of existence of a will is termed as “being intestate”. In cases where the property is not transferred to the spouse automatically, the necessity of the interference of the court occurs to probate the estate. The court determines the intent of the will and accordingly distributes the property in the right possible way. If one is in a deep-rooted dedicated relationship but not legally married, as per the law’s order, the partner is given comparatively less benefit which is not at all deserved. Hence, it is necessary to make a will with the help of a probate solicitor that ensures proper distribution. The LA Probate Law is meticulously particular in this aspect.
The judicial process of resolving an estate after a person’s demise involves the identification and account of the deceased person’s possession, payment of debts and taxes, and circulation of the existing property as conducted by the will. The whole procedure becomes more complex and painstaking when someone passes away intestate. So, planning for own estate in advance can save much trial and turmoil. And hiring a competent probate lawyer becomes icing on the cake. LA Probate Law is a sound option for every kind of issues associated with all the legal complications discussed so long.
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- Estate Planning Procrastination Had Devastating Impact on LA Legend Morrison - May 21, 2019
- Understand the Limitations of Social Security and Medi-Cal - May 5, 2019
- Basic Estate Plan Components - May 4, 2019