Despite the intentions that most families have to remain civil with one another after the divorce of a family member, will contests and trust disputes are quite common. When a family member disagrees with how estate property is being distributed, the likely result is probate litigation. That means someone who has an interest in the estate brings their disagreement to the court to resolve. However, if you take certain steps now you may be able to avoid many of the common disputes through proper … [Read more...]
Is the Cost of Probate a Reason to Try to Avoid it?
It is true that, for many people, the primary goal of creating an estate plan is to avoid probate if at all possible. In most cases, people assume that probate will be too expensive and take too long, so the best option is to avoid it. Here, our Orange County probate attorneys will discuss whether the cost of probate is really a reason to avoid it.How much does probate really cost?Although there are a number of ways to create an estate plan that will help you avoid the probate process, the … [Read more...]
How Long Does Probate Take for Los Angeles Residents?
When a Los Angeles resident dies, his or her estate must be administered through the court system so that taxes and creditor claims of can be paid. Once that is accomplished, the remaining property or assets can then be distributed to the beneficiaries of the deceased. Clients often ask: how long does probate take in Los Angeles? The answer will depend on various factors that usually differ for each estate.Understanding the probate processAn individual's probate estate includes all … [Read more...]
How to Probate a Will in California
When someone dies, their estate will typically go through the probate process. That is the manner in which the money and property which makes up their estate will be distributed to their heirs. In order to probate a will, the process will generally involve several steps, including proving the existence of the will, identifying and inventorying the property, appraising the property, paying debts and taxes, and finally distributing the assets that remain. Here is what you need to know to probate a … [Read more...]
Los Angeles probate Lawyer Explains the Difference Between Probate and Non-Probate Assets
One of the things a Los Angeles probate lawyer can help you understand is the difference between probate and non-probate assets. Probate refers to legal proceedings through which a court decides how to distribute your property upon your death. Who receives those assets depends on the type of property being distributed. Probate assets are distributed to heirs by the court and non-probate assets bypass the court process by going directly to your beneficiaries.What type of property is considered … [Read more...]
What You Need to Know about Avoiding Probate
While most clients request the type of estate plan that will help them with avoiding probate, not everyone really understands what that means. It does not mean avoiding estate taxes. Another misconception is that only individuals who die without a will must go through the probate process. If you want to know about avoiding probate, here are four options you can consider.What is probate and why is it necessary?First, you should understand what the probate process is and why it is required … [Read more...]
Are Holographic Wills Allowed in California Probate Court?
What most estate planning attorneys will tell you is that, when it comes to estate planning, you need to have a will at the very least. A basic will is relatively simple to draft with the help of an attorney. Without a will, how your property will be distributed is determined by the laws of enforced by the California probate court. If you have heard of a holographic will, you may be wondering what it is and whether such a will would be allowed in your State. Here is what you need to know.The … [Read more...]
Common Myths about the California Probate Process
There are many misconceptions regarding the California probate process that cause clients to start their estate planning with the wrong goals. The focus of your estate plan should be to preserve your estate for your family so you can protect their future. The California probate process may be different from that in other states, so you should understand the process in the state where you live.Myth: The California probate process can take several years to completeA popular question asked by … [Read more...]
Mistakes to Avoid in Los Angeles Probate Administration
When an estate is probated, the courts supervise the transfer of the estate of the deceased in an organized manner. There are rules and procedures that must be followed, based on the probate laws of the state where the person resided. An executor or administrator will be appointed to oversee the Los Angeles Probate process. If you have the honor of serving in that important capacity, there are some common mistakes to avoid in probate administration.The Los Angeles probate process in a … [Read more...]
What you should know about Los Angeles County Probate Court
The Los Angeles County Probate court handles the legal process required after someone passes away in order to distribute their remaining estate to their heirs or beneficiaries. The process typically involves proving the existence of a valid will if there is one, gathering and creating an inventory of the property included in that estate, appraising the property where necessary, paying debts and taxes, and finally distributing the remaining property appropriately.Los Angeles County Probate … [Read more...]
