Long Beach Probate Attorney
Probate is a legal term that refers to the legal distribution of a person’s property after the person in question has passed away as well as paying off any debts or monetary obligations that remain from that person. There are two main methods of handling the property distribution and debt repayment.
The first and easiest way is through a will. This will more clearly lay out who should receive what from the deceased person’s belongings. A will that is well written out will make the process of handling all of the deceased person’s final affairs much easier and more straight forward. While the will is the best way to handle these final matters, there are a few circumstances that could complicate even this process.
One of the circumstances is when someone contests the will. There must be a legitimate reason to take this step but is fairly common. This mostly occurs when the children are not receiving equal amounts of the estate or if there has been some major change in the will from an earlier will. Another circumstance that could potentially complicate the process of reading and handling the will is when someone contests who is meant to be the executor of the will.
The second method can be a little more complicated for everyone involved. This second method involves the court system overseeing the proper handling of the estate of the person in question. The first step that the courts will take is to determine who will be the executor of the estate. This is an extremely important step due to the fact that this person is the one who is being trusted by the courts and the family to handle everything properly. This person will essentially be in charge of making sure everything about the person’s estate is handled in the best way possible.
There are several different things that the executor must handle while under the supervision of the courts. The things that the executor must handle include the inventory and appraisal of everything that was left behind by the deceased, the payment of any debt to those who are rightfully owed money, the sale of any assets, the payment of any necessary taxes, and handling the distribution of any remaining assets to those heirs who have a justified claim to them. This particular case cannot be closed out until the court system is satisfied that everything was handled fully and without any potential issues.
If you have not already begun looking into having a will written out, it is a good idea to start now. You can speak to a lawyer at The Law Offices of Sandra Diaz PC for some excellent advice and recommendations. A lawyer who is skilled in probate law can easily assist you with both estate planning and your last will and testament. They will also be able to assist with any other question that you have regarding any of the preparations for the estate and how things will be handled after someone passes on.
Contact Long Beach Probate Lawyers at The Law Offices of Sandra Diaz PC
As California’s Leading Elder Law Firm, The Law Offices of Sandra Diaz PC have the necessary knowledge and experience to help seniors and their families develop the proper Life Care Plan for the elderly loved one’s unique care needs. Whether you are planning for your own future or need assistance in caring for a loved one, The Law Offices of Sandra Diaz PC are ready to help. Schedule a free consultation with one of the attorneys by calling 562-210-5790 or toll free 877-377-7411, or by simply contacting us online.