Losing a loved one is never an easy experience. This experience can only become more difficult when your loved one’s estate must be settled through a legal court process known as probate. Probate can be time-consuming and costly and the last thing you want to deal with after losing a family member. However, this process is necessary to ensure the wishes of the deceased are honored, and a Manhattan Beach probate lawyer can ensure the process occurs in a legal manner.
In California, probate is the legal process which occurs when an individual passes and leaves behind assets and property. This process must occur in order to ensure the transfer of these assets and property holdings is done in a way which is both legal and according to the wishes of the deceased as outlined in a last will and testament document.
Probate will follow a strict list of steps that must be accomplished in order for the estate to be considered settled. These steps can include appointing an executor as named in the will, identifying and assigning value to all estate assets and property holdings, ensuring that all taxes and debts owed by the estate are paid off, and distributing assets and property holdings of the estate to named beneficiaries as outlined in the will of the deceased individual.
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Having an attorney on your side during this process can be essential to the success of the estate and they can be of assistance should any estate litigation issues arise, such as calling into question the validity of the will.
In California, not every estate needs to pass through probate court. If the estate’s value is less than a certain amount, probate might be avoided. Likewise, if the assets or property holdings involved in the estate are held in a trust rather than a will, probate can become unnecessary.
If you wish to protect your loved ones from probate court following your death, it can be wise to meet with an estate planning attorney at Meinzer Law Firm, PC, to see which estate planning tools may be implemented to keep your estate out of probate and also protect your estate and assets from taxes or creditors that can easily prey on estates passing through probate.
It is also crucial to keep in mind that if you die without a will or a proper estate plan in place, this can cause further issues for your loved ones as they approach the probate process. Without a will, your estate and assets will be subject to California intestate laws, and someone might inherit something you never intended for them to receive.
If you are facing probate court following the death of a loved one or are looking for ways to protect your loved ones from probate after you are gone, Meinzer Law Firm, PC is here to serve you and your interests. Contact our office today and learn more about how we may be of service to you.