Hiring an Estate Probate Attorney in Los Angeles

Learn more about hiring an estate probate attorney and how beneficial it is to have one by your side.

Read on.

Introduction

No matter how much we love life or how full our lives are, there will come a time when we are no longer here. It could happen today, tomorrow, next week, or in twenty years. But, it will happen. And everything that you’ve earned over the years and all of your assets cannot go with you. They will be left behind for your family or your heirs.

Here’s the thing, though. While it may sound cut and dry – you die, your family gets what you left behind – it doesn’t always work that way. And often, the court gets brought in to determine how your assets should get distributed and to ensure that all your debts are paid off before that happens.

Families are usually left dealing with an estate being tied up in the probate process for months – or years. And hiring an estate probate attorney in Los Angeles can help.

Understanding Probate

While probate is not always necessary, for many, it is. And, in its most simplistic form, probate is the manner in which the state transfers assets and liabilities from the decedent to their heirs. In California, this all takes place in the Superior Court.

A representative of the deceased either comes forward or is appointed and given the responsibility of gathering all assets, paying any debts, and then distributing the remaining assets. It sounds like an easy process, but there are so many different interests that need to be taken into consideration which means it needs to go through some pretty formal processes in order to ensure everything is cleared up before the case can be closed.

Keep in mind that if there is a will in place, it doesn’t necessarily keep an estate from having to go through probate. The court will validate the will (or not), but there may still be assets that are subject to the process, including:

• Assets solely belonging to the decedent
• Half of each community property asset
• Personal property, such as furniture, belongings, etc.
• Any assets shared with others

If total assets aren’t more than $100,000.00, then California law does not always require the probate process. 

What Does an Estate Probate Attorney Do?

A probate lawyer is one who works on behalf of the executors and beneficiaries of a decedent in order to resolve any outstanding affairs when it comes to assets, creditors, and so forth. It is important to note that these attorneys are also sometimes referred to as estate attorneys. Both do the same thing.

To give you an idea of how beneficial it may be to have a probate attorney on your side, here are a few of the common tasks that they handle:

• Handling the preparation and filing of all documents within the probate court
• Collecting proceeds from life insurance policies
• Clearing up any income tax issues
• Transferring assets to the proper beneficiaries
• Paying off any debts owed to creditors
• Finding and securing assets – and obtaining appraisals for each
• Assist the court in closing out the probate case and release the final disbursement

If there is a will, sometimes challenges to the will and its validity may arise which can even lead to the need for litigation. 

Why You Need an Estate Probate Attorney

Having an estate probate attorney can be beneficial, but for simple cases, it is not always necessary. So, if you are questioning whether you need one, then you may want to consider the following.

Family members with a unique dynamic or that don’t always get along could lead to some disputes about the distribution of assets. This could be much easier handled by an attorney. If it is a large estate or one where there is not enough money to take care of the debts, an attorney can help. A will is going to end up in probate and you may want an attorney. A trust, on the other hand, won’t. And if it is well-designed you may not need an attorney at all.

Deciding whether to hire an estate probate attorney in Los Angeles is something that must be done on a case-by-case basis. The more complex the case, the more likely you are to benefit from an attorney.

What is Estate Planning – And Why is it Important

Estate planning helps you prepare for everything in advance so that your loved ones don’t get stuck dealing with the probate process. It is all about creating a strategy and arranging your financial affairs so that when you die, your family can focus on grieving and not worry about what will happen to any assets, such as bank accounts, homes, etc. Your estate is everything that you own – all your assets, such as your home, car, bank accounts, furniture, investments, insurance policies, personal belongings, and so forth. With estate planning, everything is accounted for and taken care of before death occurs – and you can give direction for how you want them handled when you die.

And, it almost always keeps an estate out of probate.

Estate planning:

• Saves your family time and money. While they are grieving the loss of you, the last thing you want is everything you own in the court’s hands – with the court deciding who should handle everything.
• Allows you to save big by avoiding estate taxes.
• Gives you the opportunity to choose who gets what – including custody and care of minor children.

Hiring an Estate Probate Attorney

Grief can make decision-making and clarity hard to come by. So, when a loved one passes away and his or her entire estate is placed into probate, it can really leave you unsure of what to do next. Not to mention that there are many horror stories about probate cases that can lead to huge family fights and long, drawn-out legal battles. Hiring an estate probate attorney in Los Angeles is an important step in handling a probate case – especially one that is complex.

By taking the initiative to secure an estate probate attorney, you are ensuring that all is taken care of easily while going through the grieving process.