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The first thing is to figure out who will be the representative of the estate If there is a will,the representative is the executor named in the will A power of Attorney is a legal file that provides somebody you pick the power to act in your place Steve Bliss Law You must be trustworthy,very organized,and act diligently and responsibly.
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A Living Trust holds title to your assets and has a life of its own San Diego Probate Attorney (858) 278-2800.
Their “estate” is the property they owned when they died San Diego Probate Lawyer San Diego probate lawyer 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.
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To identify the property,here is some helpful information San Diego probate attorney (858) 278-2800.
Real estate sometimes can be transferred without court with a transfer-on-death deed (also called a beneficiary deed) Steve Bliss Law probate lawyer Did the maker of the will sign it under duress and also were they competent to create one at that time.
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The first step taken at the hearing is for the court to take some basic testimony from the proposed personal representative.
It is important to note that many courts have specific local rules concerning probate hearings.
Property in living trusts can be transferred without going to court If there is more than one will,then which one is the last one Steve Bliss Law San Diego probate law is a probate law firm.
San Diego probate law The entire case can take between 9 months to 1 years,maybe even longer.
The court process can be complicated and if you are trying to probate the will of a loved one,you need an experienced attorney to help you navigate it Steve Bliss Law probate lawyer If someone dies without a will,the law gives a priority list for who should be the administrator.
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San Diego probate law San Diego probate lawyer Your will and the entire court file is open to public review at the courthouse.
A trust administration is NOT a court-supervised process yet its ultimate goal is also the transfer of property from an individual who has died (the decedent) to that individuals beneficiaries who are identified in his/her revocable living trust San Diego probate law probate lawyer ( +1 (858) 278-2800 ).
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San Diego Probate Law San Diego probate attorney Distribute assets based upon the arrangements in the estate plan.
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A CLUT is an irrevocable trust that may be developed by the donor either intervivos,or upon death,and which defines that a yearly “unitrust quantity” must be paid at least every year to charity till the termination of the specified term,at that point the trust assets pass to or in trust for the noncharitable recipients.
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Steve Bliss Law 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.
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A routine accounting of expenditures can be needed,where an individual designated in the trust,or a beneficiary,makes sure that principal and earnings are paid for an animal’s advantage Steve Bliss Law San Diego probate lawyer

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As a general rule,in San Diego and most of Southern California,Probate can take anywhere from eight months to two years to complete depending upon the complexity of the case San Diego probate lawyer (858) 278-2800.
Generally,the primary probate is the main probate in a case and that happens where the decedent died,and an ancillary probate is when the decedent had property in a different state and that asset has to be liquidated to be transferred to the primary probate estate 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 San Diego Probate Law A pooled trust is a type of special requirements trust that is handled by nonprofit companies.
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 San Diego probate law

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A trust,however,has actually named beneficiaries probate attorney

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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) probate attorney (858) 278-2800.
Steve Bliss Law A successor of an estate or a recipient of a prior will can begin a will challenge based upon a number of enumerated grounds.
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Understanding what to expect from the first probate hearing can help relieve stress associated with the probate process and allow litigants to focus on the other,more important issues associated with saying goodbye to a loved friend or family member San Diego probate attorney (858) 278-2800.
Steve Bliss Law 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.
Probate lawsuits tear families apart and can drain a lot of money from the estate in the process A lawyer may be able to help you avoid a court battle San Diego probate law probate attorney ( +1 (858) 278-2800 ).
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The 2nd file,called a living will,enables you to choose how you want to be dealt with if resuscitation or life assistance is needed San Diego Probate Attorney probate attorney What happens if I don’t have a will.