When a parent dies, the last subject siblings generally prefer to discuss is that of a will. Yet it is not uncommon for surviving family members to become involved in disputes over the details of a will that a parent leaves behind. When such a conflict arises in California, there are many routes to solutions; however, there are an equal number of warning signs that can help surviving family avoid these stressful situations altogether.
Once an estate has been sent to probate in California, the court transfers the property or money to the proper beneficiaries. However, disputes may arise regarding whether a will is valid. If the deceased person did not have a will filed, sibling disputes or conflict between other interested parties may arise as to how the court should properly divide the assets.
If you have been asked to serve as the personal representative for a family member or friend's estate in Los Angeles, then unless you have prior experience in probate law, estate administration or asset appraisal, you are likely viewing your new responsibilities with a certain degree of trepidation. Not to worry; the court understands that not everyone is an expert in estate matters. One of the most important aspects of preparing an estate for probate is determining its value. If your loved one's estate consists of a large amount of non-monetary assets, that may be difficult. Fortunately, you can call upon the assistance of a probate referee.
When the surviving children of a recently passed California parent go through the probate process, emotions far greater than grief can flare. Old resentments can rear their heads, particularly if the last parent has not carefully planned specifically to prevent adding fuel to the flame. Often, communication is the most important tool.
There are times in California when those left behind believe that the loved one who left a testamentary will, did not have the mental capacity to legally execute such a document. They believe that he or she was not of sound mind. Lack of testamentary capacity may be a basis to contest a will.
Individuals and family members in California who feel a will is incorrect or unfair may choose to contest, or challenge, it. It can be difficult to properly contest a will, and it is not successful in most circumstances. It is important to know who can contest it and for what reasons.
Since the California probate process can be long, difficult, and lead to disputes over the estate, many people look for ways to avoid it altogether. Estate planning is one tool that can be used to keep some assets out of probate and establish a clear picture of your final wishes.
In the state of California, whether you have a written will or not, your estate will go through probate upon your death, if it meets a minimum threshold and you do not have a living trust. Here at The Law Office of Matthew C. Yu, we understand the intricacies of probate law, and we help our clients through the process.
Sibling feuds are an age-old familiarity to most California residents, yet fighting over a decedent's estate is another matter. Probate is the court-supervised process of collecting a decedent's assets, paying those who are owed money and distributing the rest of heirs. A probate can consist of lengthy paperwork that can very from process to process.
After a loved ones dies in California, people may think that all of their debt dies with them. However, this is often not the case. It is important to understand what happens to debt after death.