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It is not always straightforward to figure out who heirs or beneficiaries are Even if there is a will,maybe it was not up to date and the new spouse was not included or the will was not changed after a divorce,or a beneficiary named in the will already died,and many other situations Probate is a division of the Superior Court of the State of California The Probate court has jurisdiction over what are deemed “legally incompetent parties”,generally that includes deceased,disabled,and incapacitated persons San Diego Probate Law A trust is not usually considered a part of your basic estate plan.
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A valid agreement by a partner represented by an attorney is among the only ways an elective share can be waived.
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If there is no spouse,then the children receive the entire estate once they reach age 18 If there are no children,then the law will then look for the next closest relative to receive the estate If somebody dies in San Diego County,the main probate will be filed where the decedent died or where they had their place of residence San Diego probate law And you may well decide,as you wind up an estate,that you want legal advice from an experience lawyer who’s familiar with both state law and how the local probate court works.
A power of Attorney is a legal file that provides somebody you pick the power to act in your place After the judge decides to permit the petition to probate the estate,the court will enter an order that appoints the personal representative to actually administer the estate The Law Firm of Steven F.Bliss Esq.Here are some common examples:.
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