Wills and Probate
Anyone over the age of 18 in most places is thought of as being of sound mind. Any of those that fall under this term can legally set forth a statement in writing that would come into effect on the occasion of their death that provides directions on who will receive what of their personal property. This is called a “Last Will and Testament” or their “Will”. This can be done with the intent to validate and will be held to in the event of their death. This must be signed on each page or once on the final page of the document. This must be filed within the State Division of Probate until the person who the Will belongs to passes away. When death occurs the deceases will then be referred to as the descendant. The state Division of Probate then governs the process of distributing the deceased property and assets to those who are considered and named as beneficiaries. Every state has its own laws on they carry out this process. Checking into LA Probate Law can help you to better understand this process.
In writing your Will you are giving those who have survived you and loved you the opportunity to know and understand what it is you wished would happen with your finances and personal assets. It allows them to have a chance to make sure things are done as you would have wanted them done. When this step has been taken prior to the unfortunate even of your death it leaves little doubt as to the way you would have wanted things to be after you are gone. This makes it easier for your loved ones to distribute your personal belongings without doubt of if it is right. Many people think that your “Last Will and Testament” is the single most important document that you will sign in your entire life says LA Probate Law.
“Intestate” is the term that is used for a person who has died without leaving behind a Last Will and Testament. When someone dies and they have made a Will the people who will execute and see to it that the Will executed properly will have specific duties, actions and responsibilities and they will also have specific titles given to them. When a person has not left behind a Will it leaves the surviving loved ones with the awful loss they have just suffered but having to try and figure out how you would have wanted all of your personal property and assets doled out. There are times when this can create huge issues and fights within the grieving family. It can cause families to break up and go their separate ways. This is not an uncommon occurrence unfortunately. In the instance that you have died intestate and without a Will, all of your personal belongings and assets would be distributed according the laws of your state. Your descendants would have no real say in how this was carried out. Even if they felt that the laws were going against what you would have wished to have happen. These laws are intended to be general rules for the distribution of assets. The surviving family would be powerless to do anything about this and stop this from happening explains LA Probate Law.
The following are some of the terms used when referring to different people who take part in the Will. “Testate” is the term used in reference to a person who has died after leaving a Last Will and Testament. If a man has executed a will he is called a testator. If it is a one and was left a will she is called a testatrix. The person who you interested and specifically named as the one who would make sure to carry out all of your wishes, if it is a man, is called the executor of the Will. If this person is a woman she would be called the executrix. A lot of times today the person who is interested with this job is referred to as the personal representative.
When a descendant has their Last Will and Testament filed in probate and the executor of that Will brings everybody together including his decedent’s survivors, there are times when the survivors are not happy with what they were left with and feel a need to contest this. When this happens the survivors can in fact question the validity of the Will and lay claim in an effort to have the Will deemed invalid. If this happens, the person who is deceased is considered to have died intestate says LA Probate Law. When this happens it is up to the probate court to handle the situation. This kind of decision will come down directly from the probate court and they are responsible for settling these types of disputes. There is not a court or a judge that likes to invalidate any Will that a person has left behind. They do not feel it is their job, or their responsibility or their place to interfere with the final wishes of the descendent. It is generally widely accepted that a person’s Will is a solid and final decision. So if there is not a large amount of evidence that the descendant was mentally incompetent the Will, will usually most certainly be honored.
Wills and Probate
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- Why Would You Put Your House in a Trust? - March 20, 2019
- What is a Revocable Living Trust? - March 20, 2019
- Los Angeles Medi-Cal Planning for Future Hospice Care - March 19, 2019