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And dealing with the courts and the property of someone who has died is very complicated There are a lot of new terms in these types of cases that you should know The Law Firm of Steven F.Bliss Esq.Sometimes,it is not clear who should be estate representative,like,if the will does not name an executor and more than one person has the same priority,or there is a disagreement between heirs as to who should serve,or the person with the higher propriety has a conflict of interest,and many more.
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The main job of an executor is to follow the probate code and do what the law tells them to do,but the judge actually moderates the probate process and watches everything that’s going on San Diego probate lawyer (858) 278-2800.
Your spouse will receive all the community property and either half or a third of the separate property depending upon how many children you have.
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(If you don’t know the answers,ask a lawyer – before you agree to hire the lawyer to handle things for you) San Diego probate law

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Your spouse will receive all the community property and either half or a third of the separate property depending upon how many children you have You have a duty to act responsibly and honestly San Diego Probate Lawyer It is not always easy to tell whether you need to go to court or qualify to use a different procedure.
San Diego Probate Law The entire case can take between 9 months to 1 years,maybe even longer.

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San Diego Probate Attorney Is there enough money in the estate to pay debts.
San Diego Probate Law A living trust is another way to manage what happens with your assets and is worth discussing with your estate planning team.
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Some people are confused and think sometimes probate has to do with the federal government,but it does not.
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Step 4: Identify and generate an inventory of the decedent’s property San Diego probate law ( +1 (858) 278-2800 ).
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Interested party includes the personal representative,any heirs of the deceased,all creditors,and anyone specifically named in the will Steve Bliss Law San Diego probate attorney

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A revocable trust instantly ends up being irreversible at your death due to the fact that you’re not available to make modifications to it or revoke it Everything goes to the judge,and the judge has to issue a court order to transfer assets San Diego Probate Law 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 If the state where the deceased person lived has adopted a set of laws called the Uniform Probate Code,probate should be pretty straightforward.
A trust allows an individual or household to designate somebody else,usually a trusted daughter or son,to transfer property after they pass away without the need for a court order and the long and pricey procedure that is involved in acquiring a court order The Law Firm of Steven F.Bliss Esq.San Diego probate attorney ( +1 (858) 278-2800 ).
San Diego Probate Lawyer San Diego probate lawyer Are family members getting along? Will contests are rare,but if a family member is making noises about suing over the estate,talk to a lawyer immediately.
With regard to disabled and incapacitated persons,Conservatorships and Guardianships are the main tools of the court A properly drafted estate planning package avoids the long and costly legal process referred to as probate San Diego probate law 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.
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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.
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The answer to this question depends on how much (if any) probate-avoidance planning the deceased person did before death Steve Bliss Law San Diego probate attorney Important: These are just some of the steps you will have to take.
When you die,your assets are distributed and your debts paid according to your will if you have one or else according to state laws of intestate succession.
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You can usually pay the lawyer’s fees from the property in the case San Diego probate attorney (858) 278-2800.
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The court grants the legal authority necessary to administer your estate to your executor if you have a will,or if you don’t have a will,the court will appoint an administrator for you,such as a family member or private fiduciary A Variety of California Legal Services Steve Bliss Law What if the Decedent Owns Land and Property in More than One State.
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 San Diego probate law 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
Beneficiaries are the people who inherit according to a will The Law Firm of Steven F.Bliss Esq.San Diego probate lawyer

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You’ll probably want to consult experts if you need to manage,appraise,or sell a business; these jobs aren’t for amateurs A health care power of attorney designates someone you trust to make decisions regarding your health care in the event you are mentally or physically unable to make decisions for yourself San Diego Probate Lawyer 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.

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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 The Law Firm of Steven F.Bliss Esq.( +1 (858) 278-2800 ).
When Someone Dies The Law Firm of Steven F.Bliss Esq.San Diego probate lawyer

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Real property refers to land and things permanently on land,like houses San Diego probate lawyer

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If someone had a piece of real estate somewhere else in California,it will be probated through San Diego County Probate Court San Diego Probate Attorney ( +1 (858) 278-2800 ).
Most people are intimidated by any court proceeding,but the initial probate hearing is a straight forward process San Diego probate law

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Tenants-In-Common Property Tenant-in-common assets include property titled in the decedent’s name as a tenant-in-common with one or more other individuals San Diego probate lawyer (858) 278-2800.