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Who is a Personal Representative and What are their Main Duties Steve Bliss Law

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That’s what confuses people; they think the existence of a will means there’s no probate,but the fact is,you really can’t do much with the will without the judge’s court order San Diego Probate Law San Diego probate attorney The time immediately following the death of a loved one is difficult In addition to the normal grieving process,there are other logistical issues that need to be dealt with,including commencing the probate process.
In California,probate takes place in the Superior Court of the State of California So in San Diego,it will be handled in San Diego County Superior Court San Diego probate law (858) 278-2800.
It will help you protect the benefits of a beneficiary who is on government aid A clinical advancement instruction could,in fact,consist of 2 various legal records,both made to shield you clinically in case you could not talk on your behalf Steve Bliss Law A Grantor Retained Annuity Trust,or GRAT for brief,is an unique type of irrevocable trust that permits the Trustmaker/Grantor to gamble versus the odds and,if the Trustmaker/Grantor plays their cards right,then a considerable amount of wealth can be moved down to the next generation for essentially no estate or gift tax dollars.
The Law Firm of Steven F.Bliss Esq.San Diego probate attorney The terms of the will,State law,if there is no will,or,if there is a problem with the will,or other estate planning documents like beneficiary designations (like in retirement accounts),living trusts,or joint tenancy arrangements.
Property in living trusts can be transferred without going to court.
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They are supervised very carefully by the court to prevent fraud and abuse San Diego probate law probate lawyer 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
Most people are intimidated by any court proceeding,but the initial probate hearing is a straight forward process San Diego Probate Law San Diego probate lawyer ( +1 (858) 278-2800 ).

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You can find the full list in Probate Code ~8461External link icon As you may imagine,the surviving spouse or legal domestic partner is at the top of the list,with children as the second category,grandchildren as the third,and so on It is important to note that many courts have specific local rules concerning probate hearings The Law Firm of Steven F.Bliss Esq.In the event that family members need money to survive,they must request it of the court which takes time and can be denied.
San Diego Probate Lawyer probate lawyer Your will and the entire court file is open to public review at the courthouse.
The Law Firm of Steven F.Bliss Esq.San Diego probate lawyer Does the estate contain only common assets,like a house,bank or brokerage accounts,vehicles,and household goods? Things get much more complicated when an estate includes a business,commercial real estate,or any other asset that requires special ongoing handling.
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Your estate will pass to your heirs under the laws of Intestate Succession via a full probate proceeding The Law Firm of Steven F.Bliss Esq.probate attorney (858) 278-2800.
San Diego Probate Law It’s best if no probate at all is required,but if that isn’t an option,figure out whether the estate can use “small estate procedures.
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They are supervised very carefully by the court to prevent fraud and abuse A letter of intent is simply a document left to your executor or a beneficiary San Diego Probate Lawyer If probate is necessary,is your state’s probate process relatively simple.
A living will goes along with a health care power of attorney,as it can serve as a guide to your agent,or can express your wishes in the event your agent is unavailable at a crucial moment San Diego Probate Lawyer probate attorney 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
With regard to disabled and incapacitated persons,Conservatorships and Guardianships are the main tools of the court The Law Firm of Steven F.Bliss Esq.probate lawyer (858) 278-2800.
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A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself A trustmaker can modify his will,getting the arrangements for a testamentary trust,at any point during his lifetime San Diego probate law How Long Does a Probate Proceeding Take to Complete?.
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You have a duty to act responsibly and honestly San Diego probate attorney ( +1 (858) 278-2800 ).
A trust is not usually considered a part of your basic estate plan Steve Bliss Law probate lawyer (If you don’t know the answers,ask a lawyer – before you agree to hire the lawyer to handle things for you).


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A pooled trust is a type of special requirements trust that is handled by nonprofit companies San Diego Probate Law San Diego probate attorney 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
A minimum of one trustee should be designated to handle the trust,though several individuals or companies may be called all at once A valuation is conducted of the decedent’s entire estate San Diego Probate Attorney Ideally,all assets can be transferred to their new owners without probate court.
Personal property is all property that is not real,and it can be tangible or intangible As part of the proceeding,you file an inventory and an accounting of the estate The Law Firm of Steven F.Bliss Esq.Real property refers to land and things permanently on land,like houses.
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A last will can also deal with the care of any minor children (or adult children with disabilities) San Diego probate attorney (858) 278-2800.
San Diego Probate Law San Diego probate lawyer A trust is created when residential or commercial property (realty,financial resources,concrete products) is handled by an individual for another individual’s advantage.
Did the maker of the will sign it under duress and also were they competent to create one at that time San Diego probate attorney ( +1 (858) 278-2800 ).
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This section will give you some general information to help you understand what your choices may be,but we still encourage you to talk to a lawyer to get specific answers about your situation.
If there’s enough money to pay legitimate debts (for example,final income taxes,expenses of the last illness,and funeral costs),with some left over for beneficiaries under the will or state law,you won’t have to figure out which debts to pay San Diego Probate Lawyer

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A durable power of Attorney merely suggests that the document stays in result if you become incapacitated and unable to handle matters by yourself probate lawyer

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The time immediately following the death of a loved one is difficult In addition to the normal grieving process,there are other logistical issues that need to be dealt with,including commencing the probate process probate lawyer (858) 278-2800.
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A living will,also known as an advance directive,sets forth your wishes regarding what types of life-prolonging medical treatment you do,or do not,want in the event you become terminally ill or injured and are unable to communicate your wishes In the event that family members need money to survive,they must request it of the court which takes time and can be denied San Diego Probate Law Any additional information that will aid the court in making the decision on whether it should approve the estate may also be taken,including the identity of the deceased,the relationship between the deceased and the proposed personal representative,and the reason the estate needs to be probated.
A valid agreement by a partner represented by an attorney is among the only ways an elective share can be waived.