LA Probate Law Frequently Asked Questions
LA probate law can be complex and the average person may not understand all the things that are involved with his field of law. Many people do not understand their rights or even how to go about setting up their states and assets and protecting them for their loved ones when they pass away and are no longer there to protect them themselves. Here we will discuss some of the frequently asked questions that people have pertaining to probate law.
Not everybody understands in full what exactly it is that a will does. A will is a legal document that is designed to ensure that a person’s funds, property and assets will be distributed fairly amongst their beneficiaries and heirs according to their wishes upon their death. In order to write a will you must be over the age of 18, mentally competent and as stated in most wills being of sound mind and body. It is recommended that everybody write a will to make sure that your final wishes are carried out to the best of your loved one’s abilities. If a will is never created and in most cases it is not how could anybody know what you would have wanted? It does not matter if you are estate planning consists of a little bit of money were millions of dollars making sure that all of your assets are given to the family members that you want them to be given to is important not only to you but will be very important to them when you are gone. LA probate law in itself does not protect any beneficiaries or heirs if you do not have a will in place when you die and it is not guaranteed that the people you have left behind will even receive your assets because it will be up to the court’s discretion as to how they are doled out and in some cases the state can even claim your estate. A will is especially important for parents with minor children to have as it allows you the opportunity to appoint a guardian for those children. Without a will it again will be left up to the courts as to who will be given the responsibility of raising your children. It could be someone that you would have never chosen and this leaves the children susceptible to anything.
LA probate law requires certain information to be included in the will you have drawn up. Important things that a will must include are your full name and the address where you reside, the same information for your spouse, children and anyone else that is named as a beneficiary or an heir to your estate, the name and address of the person that you want to have appointed as your executor of your estate and the same information for the person that you are appointing as the guardian of your minor children. If you have any limitations that are going to be included as terms of receiving inheritance all that information will be needed as well. You can also include any information in regards to your wishes for your final resting place or what you would like to have done to you e.g. burial and cremation. When you sign the document you will need to have two witnesses there to sign as well and all of these signatures will have to be legally notarized. The two most important pieces of information you need to make sure is not forgotten is the name of the executor and the name of them person that you want to have acting as guardian to your minor children. Not having these two bases covered can be devastating to those loved ones you leave behind. It can cause a lot of heartache and upset that could have been avoided.
Life tends to change on a regular basis for most of us and with those changes you may need to review and make changes to your will as these things come along. You should make a point of reviewing your will every few years so that you do not leave out anyone or anything new that may have come into your life. LA probate law will not just automatically cover a child that has been born since you last updated your will or a new spouse for that matter. In order for these people to be covered it would take legal battles and with these things there tends to be relationships lost and families torn apart. If you have a child, get married, get divorced etc. these are times when you may want to go and make those provisions so that your will reflects these individuals. It is important that you destroy the old will whenever you have drawn up a new one so that there is not any confusion after you are gone and unable to verify things and make sure your wishes are being carried out. Be sure that you keep your will stored in a place that your loved ones or attorney can access it in the event of your death. Be sure that there are people who are aware of where to find it when you die. It would also be wise to make sure that there are a couple copies made and given to people you trust. Nobody knows when it is going to be time to leave this life and because of this we must all be wise and plan ahead to ensure the future of our loved ones!
LA Probate Law Frequently Asked Questions
- What Does it Cost to Probate an Estate in California? - January 24, 2023
- What Is Missing in Your Estate Plan? - January 22, 2023
- Common Probate Mistakes and How to Avoid Making Them - January 19, 2023
