A probate lawyer is
classified as a licensed attorney who guides the beneficiaries of a deceased person’s estate in managing their pending affairs.
The process involves dealing
with the estate tasks like settling the debts or distributing the assets and
personal belongings of the person who died. The requirement of probate depends
not just on the type of property, but also what the state laws are.
Such a complex procedure
further relies on whether or not the deceased had a will. Here is a brief
account of both the cases presented:
When there is a will
If a person dies after
leaving a will behind, then probate is required to implement the provisions
according to the designated will. In such situations, difficulties may arise depending upon the authenticity of the will, also resulting in possible litigation.
An executor in the deceased's
will is required to perform certain duties in order to safeguard the estate.
Some of these duties include:
l
Taking control of
the deceased person’s assets
l
Identifying
debts
l
Applying for a
grant of probate
l
Payment of the
debts of the deceased
l
Distributing the
estate to the beneficiaries as per the
will
When there is no will
A probate process can also
take place when a person dies without a will and possesses a property that
needs to be distributed. The funds must be passed on to the person legally
entitled to them and the absence of a will makes this more difficult.
If you are a relative, a
close friend or a person legally entitled to the will, you have the right to
apply to the Supreme Court for letters of administration to distribute the
deceased's estate where:
l
There is no will
l
There is a will
but the executor named in the will is not there
l
The executor in
the will is unable or unwilling to act
Our Living Trust AttorneyLong Beach guides the executor of will through such complex probate processes.
From identifying estate assets and beneficiaries to distributing them fairly, a
lot of tasks are performed by our Probate Attorney Long Beach.
Contact our professionals
today only to know more.
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