If you’re currently estate planning in California, you may be tempted to create your own will. While there are numerous resources allowing you to do just that, if the will you create is deemed invalid your estate might end up in probate. The Balance offers the following information on why you should consult with a legal professional when creating your estate plan.
Few people enjoy family feuds. The Law Office of Matthew C. Yu understands that family harmony is important to most California residents, especially when it comes to avoiding probate disputes. You may realize that disagreements among your loved ones are inevitable, but there are things you can do that may lessen the chances of your relatives arguing over your estate after you have passed on.
Whether you are preparing for the death of a loved one or getting ready to start your own estate planning, you might have heard the word “probate” mentioned a few times. Most likely, it was said with negative connotations. However, it is important for you and other Californians to realize that the probate process is a normal part of estate law, and it isn’t necessarily something to be afraid of.
Probate proceedings involve the settling of a deceased person's estate. As you can probably imagine, this process is not a simple one. If your loved one named you as executor of the estate, you will have a great deal of work cut out for you when going through the proceedings.
In some instances, the probate process can give rise to a dispute between siblings who have never encountered any serious challenges in their relationship. Or, siblings who may have struggled with a longtime rivalry may find themselves at odds after their loved one passes away. Either way, our law office realizes that probate disputes can be particularly difficult when they involve siblings and other family members, and we believe that people in Los Angeles and across California should approach these situations with great care.
You might think that the end of one's life would also signal an end to his or her legal troubles in Los Angeles, yet that is not the case. Any outstanding financial claims against an estate must be settled from the estate's assets before any funds can be dispersed to beneficiaries. Thus, if you have been asked to serve as the personal representative for an estate, it behooves you to know how creditors' claims are to be handled, especially those where is already involved.
The probate process in Los Angeles can be emotionally taxing. Yet once it has started, the presumption is that is cannot be stopped. Why would you want to stop it anyway? That is the question that many of those that come to see us here at The Law Office of Matthew C. Yu have. We tell them to think of scenarios that would cause them to question the validity of a will. What if you believed that the decedent had been unduly influenced in creating it? What you found another will that would normally revoke the one already in probate? In these and other select cases, the law does permit you to petition that the probate process be revoked.