Probate Attorneys Help Ease an Already a Difficult Time

When a loved one passes away, it is often a very difficult and confusing time. While one is left to ponder the timing and reason of their loved one’s passing, there is also the unenviable task of making sure the deceased’s estate is distributed in strict accordance with their will.

In most cases, the process is executed without any complications; other times, there is a party challenging the content or validity of the will. In the latter scenario, grieving family members may require the services of an experienced probate attorney.

A probate attorney commonly represents the executor of the deceased’s will, as well as the heirs named within if they also need representation. The probate lawyer helps expedite the legal process, filing any motions and pleadings that are needed. All in all, probate lawyers help lessen the complications of what is likely a difficult time for the family of those who have passed away.

In many cases, heirs do not know of a probate attorney until they actually need one. In these scenarios, they are recommended to acquire the services of one that is experienced, and preferably from a firm which places a sole focus on estates and trusts, and does so within the state where the probate is to be executed.

Estate and trust law firms such as Generations are an example of these, as an individual who requires a Sacramento probate attorney for a Sacramento based probate can work with one through the local firm.

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Common Estate Planning Mistakes

No one knows when death will arrive, but this doesn’t mean that you shouldn’t prepare for it. Losing a loved one is never easy, but you can make this painful experience more bearable for your family by creating a will— a document that clearly states how your material possessions will be distributed to surviving relatives. Of course, estate planning is complicated and many people make crucial mistakes such as:

Thinking You’re Too Young for Estate Planning

The biggest mistake people make when it comes to estate planning is not having a plan at all. Yes, you may be young and healthy now, but unfortunate circumstances like accidents can take you away from your family prematurely. Err on the side of caution and draft a will as soon as possible.

Not Getting Professional Help

Remember, wills are legal documents and very few people have the training or background to write a clearly worded and legally valid will. Fortunately, there are probate attorneys who can help with your estate planning so you can rest assured that your family will inherit your assets should you pass away.

Forgetting to Update the Will

If you’ve already created a will, then you’re well on your way to protecting your family’s future. Of course, life changes like remarrying and having other children necessitates updating your will to include new members of your family. Revisit your will every few years to make sure you’re not leaving anyone out.

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Why an Estate Planning Attorney is Important

In Sacramento, people should ideally need an attorney only for “routine” specifics in their estate affairs. They can have their wills reviewed by an attorney to check if everything and everyone is covered. Additionally, they may consult a lawyer to ensure a smooth transition of their estate to beneficiaries.

In reality, people may need an estate planning attorney for more than the reasons above.

In California, for example, the law requires an estate to go through a court process called probate. That applies if the estate has a $150,000 value or more, does not have a beneficiary, and is not in a trust. During probate, all assets of an estate will be subject to administrative court, attorney-mandated, and other costs– costs that people surely wish to avoid.

Moreover, there are plenty of stories out there of families involved in estate issues. A family member may disagree with the terms of a will. Another one might be involved in affairs that doubt his or her ability to carry out the estate’s terms. An array of issues can occur, some of which can be resolved by involving an estate planning attorney or so.

There's no one alive who can't potentially experience any kind of issue with their estate. Fortunately, attorneys who take care of estate planning issues stand ready to help them.

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Why are Estate Plans Important?

A death, be it natural or sudden, is always going to be a painful experience to those involved. The immediate family members left behind by the deceased are the ones who are hit the greatest, and will need time to adjust to their loss.

One of the things that surviving family members need to take immediate notice of is the fact that any property left behind by their dearly departed has to be considered. One of the things people can do to help their loved ones in the instance they leave this world is through the establishment of a well-thought estate plan.

An estate plan cannot be defined simply as a will or trust, as it gives the plan holder the opportunity to make decisions when he or she is unable to make the decision for himself or herself. This gives the plan holder and opportunity to allow him or her to do what he or she wants by planning ahead of time.

This policy is advantageous to a lot of people, especially to individuals who do not have wills yet. The California justice system, in particular, is extremely strict about probate laws: if the deceased left behind a property that amounts to a value greater than $150,000, then there is no excuse for a family to go into probate court to settle financial matters with the government.

Ultimately, adopting an estate plan will help the plan holder and the family prepare for the worst.

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What A Family Deals With After A Loved One Dies

Dealing with death is not easy. When a loved one passes away, one can feel the pangs of mortality that come with uneasiness, depression and sometimes, anger. Death, however, is believed by most to be just a stage in one's life and all it takes is time to be healed from the trauma.

When a person dies, the immediate family usually gets into a ritual or a practice depending on the family's religion or beliefs. Some simply skip this step and proceed with funeral arrangements. At this stage, family members usually gather to decide which type of funeral is best for their loved one. Families can hold a private or a public ceremony in a local church, a cemetery or in a crematorium.

There are instances in which a will has already been created to discuss the deceased wishes with regard to the type of funeral that should be conducted. If this aspect is not included in the will, most families choose to discuss it among themselves or with other relatives so long as it abides by their culture.

The will may also include instructions about assets and money. Some families may have already discussed this prior to a loved one's death but if a will is released soon after the actual death, a probate lawyer may be needed for advice and guidance.

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On Wills and the Probate Attorney

A probate lawyer handles and administers the legal aspects of a deceased person’s last will and testament. He also notifies the heirs about the document and guides them throughout the legal process. In this light, the probate attorney may also act as the executor of the will, although this is only in certain cases and isn’t required.

What is Probate?

Essentially, probate is the term used for the legal process, accepted in the United States, of dividing the estate of a deceased person who has left a will. The deceased has the primary right to appoint the executor of his will (the absence of this provision allows the probate lawyer to take the executor’s stead), as well as assign the equitable distribution of his assets as he sees fit.

Distribution Outside of Probate

In some cases, the assets of the deceased can still be divided outside of the probate process, but this all depends on the extent of anti-probate planning that the deceased has made before finalizing his will. Moreover, some assets also don’t need to go through probate proceedings, just like joint tenancy and survivorship community property.

Probate Made Straightforward

Essentially, states that have adopted the Uniform Probate Code or UPC should have quite a straightforward legal process and the states allow for probate proceedings with minimal court supervision. Ask a probate attorney for more details on this matter.

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Contingency Plans: On Estate Planning

If you have any dependents, you must already know and fear that they’ll be helpless the moment you somehow become unable to financially support them. There are two ways this grim scenario can play out; from your mental incapacity, or from your untimely demise. If you want to ensure that your dependents will be properly taken care during your absence, then you should consider planning your estate.

Estate planning refers to a financial contingency strategy that’s enacted upon your incapacity. The most well-known of these strategies is the creation of a last will and testament, which contains a set of instructions on how your estate will be handled upon your passing. Estate planning can also be useful should you become mentally disabled, as you can prepare a legal statement—called an advance medical directive—that confers upon one trusted confidante the right to make medical decisions for you.

Naturally, to prepare an estate for an emergency, you’ll need a lawyer who can help produce the necessary documents. Legal advice can also help individuals determine their full options for estate planning, as well as deal with issues such as probate. Your dependents shouldn’t be left empty-handed once you depart, so it’s important to have a backup plan ready.

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Why You Need an Estate Planning Attorney

Most people wouldn’t want to talk about their own death. Unfortunately, death is an inevitable part of life so you have to prepare for it. You have to think of things like where or to whom your wealth or property should go. Probably, you've long decided to hand it down to your spouse or children, but if you don't consider writing your will, your family might find difficulty getting what they deserve.

This is where an estate planning attorney can help. Estate planning is the process of deciding how your possessions will be divided and managed upon your death. In more specific terms, it is a set of tools you need to ensure your wealth will be inherited by the right people. Not just focused on wills, estate planning includes other tools such as powers of attorney and revocable trusts that only an attorney can help you with.

Dying without a will allows the state to decide what to do with your wealth. You cannot assume that everything you own will automatically go to your spouse or children, because in some jurisdictions, only a third to a half go to the immediate family of the decedent. You need to secure your family's future while you still can.

The service of an attorney will allow you to go through the estate planning process smoothly. An estate planning attorney can provide specific projections of future property division and ensure those projections will happen. 

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