After the loss of a loved one, it is only natural to feel nervous about matters related to the decedent's estate and transferring property under the California Probate Code. It may be advisable to gain the necessary knowledge about probate procedures and whether it will be required to go to probate court at all. The need to go to probate court depends on how much money and what type property is involved as well as who will claim the property.
Those who may be just beginning to think about their estate planning needs may be overwhelmed with all of the technicalities involved. For example, one of the first terms that a person often hears when researching how to plan an estate is "probate," and many find the thought of the probate process daunting; however, it does not have to be. Many in California may be wondering exactly what probate is and precisely what the probate process entails.
Artistic endeavors are not generally thought of as big money makers in California. On the other hand, in rare instances, some artists become highly recognized in their field, causing the prices of their pieces to be valued at high price points. However, if the artist does not have proper estate planning in place, this can result in a lengthy and contentious probate process following his or her death.
One never knows what is going to happen next in life. At any point, a person can become incapacitated unexpectedly. Of course, in a worst case scenario, a person can suffer a sudden death. Incapacitation and death are two reasons why it is important for California residents to not procrastinate when it comes to drafting estate planning documents.
There are many reasons why a person might wish to challenge a will. In the majority of cases, the person contesting a will is likely to benefit financially if the will is invalidated. California law permits contestants to challenge wills on several grounds, including lack of capacity, undue influence, revocation, fraud, duress and mistake.
The estate planning actions individuals take can affect the probate process after their death, potentially impacting those who may be poised to receive remaining assets. Probate is the court process for legally transferring those assets, and during this action, the outstanding financial obligations of the decedent are handled as property distribution is addressed. Additionally, probate is used to determine the validity of a will if one exists.
The Kasem family had a somber Father’s Day as Casey Kasem, the iconic radio personality, passed away on Sunday. He had been in hospice care since Thursday afternoon, an attorney for Kasem’s daughter, Kerri, reported. The rift between Kasem’s children and his wife, Jean had been widely reported as his health declined in 2013. Among the many legal issues that had been litigated between the parties, Kerri recently won a conservatorship that allowed her to make decisions about his medical care, since Kasem was diagnosed as suffering from a form of dementia
It could be difficult to find one person in California to disagree that ex-child star Amanda Bynes has been acting strangely. Trouble with Los Angeles police led to the young woman's arrest last year on DUI and hit-and-run charges. Bynes has since fled the city for New York, where her unusual behavior continues to attract attention.
One of the primary duties of an estate planning attorney is to translate a persons wishes into legal language that casts no doubts in court. Heirs, beneficiaries and probate judges cannot quiz a decedent. Estate choices a person makes while alive must be absolutely clear to avoid misinterpretation.
Many people in California are familiar with mediation in divorce. Spouses who employ mediators often save money and time by resolving sticky issues like asset disputes without prolonged, emotion-fueled litigation.