After a person passes away, their assets are managed to comply with state laws and follow their wishes when they were alive as expressed in their will. A probate attorney guides the will executor or beneficiaries through the probate process, which revolves around identifying and distributing inheritance and assets.
Probate is the whole process of administering a deceased person’s estate per their will or state recommendations. A probate lawyer is a state-authorized lawyer who works with the estate’s beneficiaries to settle the decedent’s affairs.
In some instances, the probate process can be foregone if all the decedent’s assets have been put in trust. A trust can ensure a smooth transfer of property outside the court and legitimate procedures.
A probate estate attorney can be involved in the process depending on the specific circumstances around the deceased’s estate. Their input will depend on the estate’s value and whether the departed person had a last will before they died.
In situations where there is no will, family members and beneficiaries record claims and legally pursue what they believe they are entitled to. In circumstances where there is a will, the lawyer sees the deceased’s wishes are respected and resolves difficulties that may emerge regarding the will’s legitimacy.
If the deceased person had a will, a probate attorney helps advise the involved parties, including the will executors and the beneficiaries, on different legal matters. The lawyer can determine the will’s integrity by auditing to ascertain that it is duly signed and that it wasn’t composed under coercion. In the last parts of their lives, senior or ill persons might fall victim to undue pressure from persons that target to have a piece of their estate.
Estate litigators are probate attorneys who specialize in individual lawsuits regarding the deceased person’s estate. They serve beneficiaries who might be dissatisfied with the truthfulness of or the contents of the will.
When someone dies without a will, the State of California's "intestate" laws automatically kick in. The State of California determines the distribution of the estate and assets - regardless of what you may have wanted, or what's fair. In many states, the surviving spouse of the deceased person inherits the whole estate. However, intestate laws vary, and each case is treated differently.
A probate attorney can help the administrator of the estate to distribute the assets per the laws. The actions of the lawyer, in this case, are premised within the State’s intestacy laws.
This type of succession often gets confounding, like in circumstances of a pending divorce, legal separation, or adopted children. A probate lawyer helps clarify things and prove to the courts the spouses, partners and children, blood relatives that should be counted in the succession.
The probate attorney then helps the family choose the estate administrator by securing “renunciations” from the decedent’s different relatives. A renunciation is a lawful articulation disavowing one’s entitlement to control the estate. The lawyer then helps the administrator through the probate process.
In general, here is a rundown of the standard regular assignments a probate attorney may help take care of during the probate cycle:
Transferring assets to beneficiaries per the will or intestacy laws.
Probate lawyers are indispensable in the whole probate process even though they are not legally required. Come to think of it, an everyday person might get confused in the probate process and the different applicable laws and functions involved. Plus, there are bills and taxes to pay to keep the decedent’s estate operational throughout the process. It can turn out to be very tedious.
A probate attorney helps to accomplish every function effectively. And they do things on time for a speedy conclusion of the probate process. They bring soberness, objectivity, and fairness in a process that could otherwise be marred and derailed by bad blood among beneficiaries.
Are you handling the distribution of an estate of someone who passed on with or without a will? We can simplify and expedite the entire probate process. Call us at 805-244-5291
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Are you concerned about what happens after you die? Have you seen a loved one go through the hell and expense of probate? Are you ready to get your life back and put an end to your concerns about your will and trust? Come to affordable Ventura estate planning attorney Eric Ridley for help.
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