Probate litigation can be the result of a will or trust contest or a petition for removal of a trustee. But in some cases, there is simply a dispute about legal ownership of personal property. Estate planning involves more than your money and your house. It also includes valuable personal property such as vehicles. There may be certain family heirlooms or antiques that should not be overlooked. If a certain piece of property is meant to be a gift during your lifetime, you need to make that … [Read more...] about Owner or Caretaker? Question Leads to Probate Litigation
The Orange 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. Orange County Probate Court In … [Read more...] about Orange County Probate Process From Beginning to End
When someone dies there is a legal process through which their estate must go in order for their property to be passed on to their heirs. This process is known as probate. It typically involves identifying the person's property and determining its value, paying off remaining debts and taxes owed, and finally distributing the property that is left to the heirs or beneficiaries. But what happens when some of that property is located in another state? That is when the "ancillary" probate … [Read more...] about In Which County Will My Estate Be Probated?
While most clients request the type of estate plan that will help them avoid the lengthy probate process, 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 avoid probate, let our Long Beach Probate Attorneys explain four ways to do so. What is probate and why is it necessary? A simple way to look at it is that probate is the process … [Read more...] about In Estate Planning, Do I Need to Avoid Probate?
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 this process. If you have the honor of serving in that important capacity, there are a few common pitfalls in probate administration that you should try your best to avoid if you want to avoid probate … [Read more...] about Avoiding Costly Mistakes in Probate Administration
In California, there are basically four reasons people might challenge the validity of a will. If the will was not properly signed, if there is a question of whether the person who made the will had the capacity to do so, if there is any suspicion that the person was unduly influenced or induced to create the will through fraud, then the will may be contested (or challenged) in court. Although these grounds may be difficult to prove in court, having to deal with these issues is something that … [Read more...] about Should I Include a “No Contest” Clause in My California Will?
There are many misconceptions regarding probate that cause clients to initiate estate planning with the wrong goals in mind. The focus of your estate plan should be preserving your estate for your family in order to protect their future. Probate processes in each state may be different, so you need to understand the process where you live. This article will attempt to dispel some of the most common myths about probate lawyers are faced with. “The process of probate can take years to … [Read more...] about Probate Lawyers Can Debunk the Myths
What many probate attorneys will tell you is that you need to at least have a will in your estate plan. A basic last will and testament is not always difficult to draft, especially with the help of one of our probate attorneys. For those who do not include a will in their estate plan, their property will be distributed to their heirs based on the California intestate succession laws, to which the probate court is bound. When it comes to estate planning and drafting a will, one of your options … [Read more...] about What is a Holographic Will and Should I Create One?
When you think of estate planning, it is important to recognize that your estate involves more than your money, your house, and your valuable personal property. There may be certain invaluable personal property that you consider to be family heirlooms which should not be overlooked. Those heirlooms have sentimental value that you simply cannot put a price on. Part of proper estate planning requires determining how you want those priceless family heirlooms distributed after your death. Our Los … [Read more...] about How to Handle Family Heirlooms in your Estate Plan
Although Los Angeles probate attorneys can provide valuable advice during the probate process, the language barriers that often exist in Los Angeles can pose a challenge. With probate being a complicated process and each state having different rules regarding how the process will go, it is important for probate attorneys to be able to overcome any language barriers that may exist with clients. The diverse population in Los Angeles As most people are aware, a large portion of the population in … [Read more...] about How Los Angeles Probate Attorneys Can Handle Language Barriers