Sacramento Probate Attorney: Understanding Probate and Last Wills

One of the aims of the probate court is to settle all the decedent’s financial debts. Volkov states that if debts far exceed estate financial holdings, the presiding judge could rule that inheritance property be sold to satisfy creditors. In this case, a skilled Sacramento probate attorney from a trusted firm like Generations can be relied upon to negotiate with creditors for a reduction of the estate’s debts.Meanwhile, if the estate includes real property with outstanding mortgages, the heirs named in the will could opt to pay off the mortgage...

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Sacramento Probate Lawyer: On the Duties of a Personal Representative

One important characteristic every probate representative or executor should possess is the ability to remain unbiased as regards the distribution of estate. After all, the executor must help resolve disputes that take place in the probate court. Consequently, being named a probate representative is a grave responsibility that requires patience and commitment.The probate process can take years to resolve, particularly if the will is contested or if claims against the estate are submitted. To ensure that everything proceeds as smoothly as possible...

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Sacramento Estate Planning: What Happens When One Dies without a Will?

Successful Sacramento estate planning minimizes uncertainties as to where a person’s assets will go and who gets them when one passes away. If you find yourself as the executor or administrator however, your job could be a bit more complicated if the person didn’t leave behind any will. If that is the case, then you’ll be subject to state probate laws regarding how to distribute property has not been included in the will. This is definitely a situation where working with an experienced estate planning and probate law firm is recommended. http...

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Sacramento Estate Planning Attorney Cites Need for Legally-Sound Wills

When an estate gets included under a will, it becomes a "testate" estate. A well-written will has more power than counterclaims and court orders. If the estate doesn't get included under a will, however, it becomes an "intestate" estate. In this case, the court determines who gets the assets based on intestacy laws of the decedent’s home state.Had Brown produced a well-written will, trustees and family members wouldn't have to play estate tug-of-war. Anyone can write a will, but a legally-sound one requires the know-how of an estate planning attorney...

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Ensure a Solid Estate Plan with Help from Sacramento Probate Attorney

Each of these documents contributes to a smoother transfer of estate to your beneficiaries. A will is required to establish your intention and desires in terms of how your property and assets would be distributed. Probate courts do their best to check on the validity of the will, and then to honor its content. Without a will, the probate court will administer the estate’s assets, according to state laws. A living will, on the other hand, is a legal document that clarifies your intentions about your medical treatment.Two other documents should not...

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Estate Planning Basics: Working with a Sacramento Probate Attorneys

One way to start things off with an estate plan is by hiring professional help. An experienced estate lawyer or probate attorney in Sacramento, such as the tax-smart, family-aligned team of estate and trust lawyers from Generations, will help you make the right decisions to create a sound estate plan where your family and financial goals are met, while avoiding the perils that create bad blood or rancor among estate beneficiaries.You can choose to let an estate planning and probate attorney in Sacramento, CA handle your case entirely, or you can...

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Sacramento Estate Planning—You Don’t Have to Be Rich to Set Up a Trust

To begin the process of setting up a trust fund, you will need to hire a Sacramento estate planning attorney and provide the details on all accounts and deeds that you intend to place in the trust. Keep in mind that the principle behind a trust is to remove an asset from your possession and transfer it to a legally-designated entity. Almost any type of asset—including houses, savings accounts, even money market accounts—can be placed into a trust.If you believe you are ready to set up a trust or would just like to talk to a professional and get...

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More Legal Matters From Your Sacramento Estate Planning Attorney

Durable Power of AttorneyA financial power of attorney, also called a durable power of person, helps carry out your decisions regarding your estate even when you’re not capable of making decisions anymore, so you should never neglect this. In it, you are appointing an attorney in-fact to stand in for you as your agent in case you are incapacitated physically or mentally.Advanced Health Care DirectiveAnother important designation that you need to choose is the person who will serve as your agent or representative, not with regards to your estate,...

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