Thursday, May 13, 2010

Probate Attorneys California

A person may create a will indicating the disbursement of assets after his/her death. If the will is not in place, the court takes appropriate action. Probate is a legal process that is undertaken after a person�s death to enable the proper transfer of the decedent�s assets and estate to the rightful beneficiaries. If there is a will, the validity is assessed through probate. If there is no will, the relevant court oversees disbursement of assets and properties. The probate attorneys California always recommend people to make a will so that there is no ambiguity in transferring the assets to the nominated person in the family. The probate attorneys California also request the clients to list out all the assets, however small they are, as they may result in larger assets due to appreciation in time.

The probate attorneys California knows that all assets are not subject to probate. For example, bank accounts held jointly or a property registered jointly with the beneficiary are not subject to probate.

As per the probate attorneys California, assets under a specified value as determined by the state also do not come under probate.

The heirs and the beneficiaries will be notified about the will when the person who made the will dies and the probate is initiated. A list of the decedent�s assets and estate is made. The debts and expenses are also accounted. If the heirs and beneficiaries are more, the issue gets complicated as each of the party wanting the piece of property/assets may hire probate attorneys California.

During this stage, the heirs and beneficiaries may start contending and the accusations fly. The probate attorneys California say some point debated hotly are the mental stability of the decedent when will is made and the forgery or force applied on the person who signed the will.

One interesting feature is the entitlement of legal fees in the probate. The person, who is not a lawyer, dealing with the probate is entitled to a percentage of the assets. The assets that do not actually go through probate also will be considered in this case. Some times this �legal� fee for a non-lawyer may be much more than the fees of the probate attorneys California.

The probate attorneys California help people to make their wills property to minimize the family disputes. The probate attorneys California also ensure that the legal heirs and beneficiaries get their rightful share of assets and estate of the decedent.