What is A Heggstad Petition?Sometimes a person who has created a trust may fail to place a property or asset into that trust before they die. This can happen for a number of reasons. Maybe an extenuating circumstance, such as declining health, hindered them from being able to place their property/asset into the trust. Maybe the decedent incorrectly believed the property was transferred; this could be due to improperly filling out the documentation to have the such property/asset transferred. … [Read more...]
Is Probate Always Necessary?
The probate court supervises estate matters, but there are some types of asset transfers that are not subject to probate. First, we should explain some things about probate so you understand why people often try to avoid it.When an estate is being probated by the court, there are expenses that accumulate, and this reduces the amount of the inheritances that will be received by the heirs. There is also a waiting game, because the inheritors do not receive their inheritances while the probate … [Read more...]
Are All Asset Transfers Subject to Probate?
If you use a last will as your primary vehicle of asset transfer, it would be admitted to probate, and the court would supervise the administration process. The probate court would also be involved if you passed away without any estate planning documents at all.This being stated, there are certain types of asset transfers that are not subject to the probate process. Plus, here in California, there are some probate shortcuts that can sometimes be utilized, and we will share some of the … [Read more...]
What Can a Los Angeles Probate Attorney Do For You?
A Los Angeles probate attorney can provide valuable assistance to a Personal Representative through the entire probate process from beginning to end. A Los Angeles probate attorney can be a vital resource since the laws in each state are different when it comes to probate proceedings and the requirements imposed by the probate court. Indeed, the first piece of advice for a personal representative is “hire an attorney.”What estate administration involvesWhen someone passes away, the … [Read more...]
5 Great Tips for Long Beach Probate Court Administration
When an estate is probated, the Long Beach probate court will 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 Long Beach probate process. If you have the honor of serving in that important capacity, there are some common mistakes to avoid in probate administration.The Long Beach … [Read more...]
Why Avoid Probate?
The goal of estate planning for most people is avoiding probate. Why? Because probate can be expensive and it can take a long time to go through the entire process. Every estate, regardless of its size, is required to pass through probate so that the heirs or beneficiaries can receive their inheritances. Whether avoiding probate is the right thing for you depends on many factors, so discuss this decision with your probate lawyer. If you decide you want to bypass the process, here is a guide … [Read more...]
Common Reasons for Long Beach Probate Litigation
Despite the best intentions, many families have a difficult time being civil with one another after the death of a family member. For this reason, will contests and trust disputes are more common than you might think. When relatives disagree with how estate property is being distributed probate litigation is the likely result. Probate litigation is simply the proceeding that results when someone who has an interest in the estate property takes their dispute to the probate court to resolve. … [Read more...]
All You Need to Know About California’s Probate Mediation Process
You may not be aware, but many trust and estate disputes in California are resolved through mediation as opposed to being resolved in Superior Court. Probate mediation has many benefits including the opportunity for customized resolution, lower cost, and the chance to avoid the trial which is often unpredictable. If the parties can agree on mediation, the chances of success are usually pretty good. Here is what you need to know about the probation mediation process in California.What are the … [Read more...]
Can Any Trust Beneficiary Challenge a Trust in Los Angeles Probate Court?
Trust disputes, like will contests, are very common in probate court. Family members often disagree with how a loved one’s estate is distributed which leads to litigation in Los Angeles probate court. Two of the most common issues that drive families to Los Angeles Probate Court to settle their disputes are suspicion of fraudulent inducement or lack of mental capacity in executing an estate planning document. A recent case decided in California addresses whether a trust beneficiary had standing … [Read more...]
Can a “No Contest” Clause Help to Avoid Orange County Probate Litigation?
There are several reasons someone might decide to challenge whether a will is valid. The most common reasons are whether the will was properly signed, whether the person who made the will had the legal capacity to do so, and whether there is any suspicion that the person was unduly influenced or induced to create the will. In those situations, the will may be contested in probate court. Although these grounds may be challenging to prove in court, having to deal with these issues is something … [Read more...]
