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 AngelesAs most people are aware, a large portion of the population in … [Read more...] about How Los Angeles Probate Attorneys Can Handle Language Barriers
In California, as in other states, parties to a civil lawsuit who are not successful have the option of appealing the decision. Decisions that are appealed will be reviewed by the appropriate California appellate court. The same is true for litigants in a probate matter who are unsuccessful. In civil appellate court, only certain individuals have “standing” to bring the appeal. That typically means the parties who were involved in the original civil litigation. Probate litigation could be the … [Read more...] about Can I Appeal a Probate Litigation Case?
When a family member or beneficiary 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 estate planning. If you find yourself in the middle of a will contest and need legal assistance, one of our Los Angeles probate litigation attorneys can … [Read more...] about Tips for Planning Ahead to Avoid Probate Litigation
In California, it is typical to have probated estate examined by a probate referee. Basically, a probate referee is called in to appraise and evaluate the non-cash assets of the estate. Essentially, probate referees are brought in to settle the value of an estate, when necessary. Let our Los Angeles probate attorneys explain what a probate referee does and when they are needed.What is a probate referee?Probate referees are appointed by the California State Controller’s Office. They review … [Read more...] about What is a California Probate Referee and When Does an Estate Need One?