PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

How a Lawyer Can Help Resolve California Probate Complications

The complications that can arise in transferring the assets of a loved one after death can make probate and inheritance matters daunting to the uninitiated.

2012-12-13
December 13, 2012 (Press-News.org) Dealing with the death of a loved one is hard enough without having to handle the court appearances, legal duties and other details of administering to the final wishes of family and friends regarding their estates and burials. A comprehensive, up-to-date estate plan can avoid many inheritance disputes and complications, helping to ease the transition. Unfortunately, many people die without a proper estate plan, even if they managed to create a will. Even if an estate plan is legally valid and clear, simply by its nature, handling estate and inheritance matters can be complicated for people without legal expertise.

An experienced California probate attorney can help to resolve issues that arise during the inheritance and probate process.

The California Probate Process

Probate is the court-supervised legal process for distributing a person's assets after death. State law governs probate, and in California the superior court in which the deceased person lived will preside over the probate process. Unless the entirety of the estate is in a living trust, it is likely some property must pass through probate. Probate usually takes at least a year, even for relatively simple estates, and more complicated or disputed estates can take several years to complete probate.

If the deceased person had a will, then the custodian of the will must file it in the appropriate superior court and notify the executor of the estate within 30 days. If there is no will, the court will appoint an administrator of the estate, usually a spouse or immediate family member if possible.

A comprehensive list of executor or administrator legal duties during probate is beyond the scope of this article, but examples include sending a notice to all heirs mentioned in the will, appearing in court, handling creditor claims and inventorying and distributing the estate's assets.

Common Probate Complications

The probate process may be made more complicated if any of the following situations apply:

-The estate contains property in another state
-The estate contains a large number of assets, especially real estate
-A beneficiary of the estate cannot be found
-There are competing wills or property transfers
-Assets must be managed or sold during probate, such as if the estate contains a business or an item that will soon depreciate in value
-The will is contested or potentially invalid, such as because of undue duress or mental incapacity affecting the creator of the will

The complications that can arise in transferring the assets of a loved one after death can make probate and inheritance matters daunting to the uninitiated. If you have questions regarding the estate of a deceased loved one, contact a skilled estate planning attorney for help with your situation.

Article provided by Law Offices of Alice A. Salvo
Visit us at http://www.salvolaw.com


ELSE PRESS RELEASES FROM THIS DATE:

Secrets of Successful Co-Parenting After a Kansas Divorce

2012-12-13
After divorce, many people would like nothing more than to never see their ex-spouses again. However, those who had children while married do not have that option. They have to learn to redefine their relationships with their former spouses so they can continue to raise their children together after divorce. People can follow some simple steps to make co-parenting more successful. Focus on the Child One thing that successful co-parents have in common is that they put their children first. They are able to set the issues they have with their ex-spouses aside in order ...

The Law Surrounding Discharging of Fireworks in Indiana

2012-12-13
One of the many ways that Americans celebrate their holidays is by setting off fireworks. In the Hoosier State, it's no different. With New Years Eve almost here, it is important to make yourself aware of the laws surrounding fireworks, so you can have a safe holiday season and minimize the possibility of a fireworks personal injury claim. Indiana fireworks law Indiana counties have some ability to adopt ordinances that regulate the days and hours that consumer fireworks can be discharged. However, any ordinance adopted cannot restrict the use of fireworks during ...

"Grey Divorce" Becoming More Common Across the Country

2012-12-13
In the past, people in their 50s, 60s or 70s were seeing an attorney to create a will or other estate plan. Now, a growing number of people in this age group are seeking an attorney because they want to get a divorce after decades of marriage. According to a Bowling Green State University Study, divorce among those aged 46 to 64 has increased by more than 50 percent in the past two years and this has greatly contributed to the divorce rate in the country. Divorce stabilizing among other age groups The Bowling Green study showed that divorce rates in the country are ...

Wrongful Death Actions Provide Recovery Against Drunk Drivers in Texas

2012-12-13
Drunk drivers are recurrent menaces on Texas' roadways, responsible for 1,259 deaths and 42 percent of car accidents in 2010 alone. Those convicted of DWI face serious criminal penalties, fines and loss of freedoms. However, criminal penalties do not compensate the victim's family if the drunk driver kills someone. Fortunately, there is a legal remedy available to those whose loved ones have paid the ultimate price because of someone else's carelessness--wrongful death. Wrongful death lawsuits are a common legal remedy for families who have lost relatives in drunk driving ...

Tennessee Supreme Court Allows Damages for False Paternity Claim

2012-12-13
Becoming a father is both an enormous blessing and a huge responsibility. The birth of a child brings one of the most loving and fulfilling relationships that most men will ever know. However, raising a child also means a huge commitment of both time and money. In addition to the ordinary costs of taking care of a child, a man who is not married to the child's mother will likely also have to make monthly child support payments. Imagine, then, raising a child as your own only to find out that you are not the child's biological parent. The mother knew this all along, but ...

New Jersey Expands Drug Court Program as an Alternative to Prison

2012-12-13
New Jersey Gov. Chris Christie recently signed into law a new measure expanding state programs that allow some people convicted of nonviolent drug offenses to receive treatment through the state's drug court rather than spend time in prison. The measure has been praised as a way to help ease financial strain on the New Jersey prison system while providing services that are more effective at improving recovery rates and reducing recidivism. Drug court programs have existed in New Jersey for over a decade, giving people convicted of certain drug crimes the opportunity ...

Florida Continues to Fund assisted Living Homes Despite Abuse, Neglect

2012-12-13
An investigation by the Miami-Herald found that Florida's Agency for Healthcare Administration has continued to award assisting living facilities Medicaid funds despite repeated instances of abuse and neglect of residents. The state of Florida gives the agency the power to withdraw or suspend Medicaid funding to assisted living facilities that fail to pass inspections or that have documented instances of abuse or neglect. Often, Medicaid funds mean the difference between survival and closing up shop for assisted living facilities, which rely on Medicaid money to fund ...

Divorce and Children: Tips for Successful Co-Parenting

2012-12-13
No matter how acrimonious a divorce is, when it comes to taking care of the needs of children, cooler heads must prevail. In order to successfully co-parent with your ex, you do not have to be best friends, but you do have to work together to give your child the care that he or she deserves. How to co-parent successfully The following tips can help you to successfully work as a team with your ex in order to care for your child following divorce. Proximity. Although it is not always possible, and jobs can sometimes move us far away from home, do your best to keep ...

Overview of Child Support in Nevada

2012-12-13
Nevada couples know what a painful and emotional experience a divorce is. If children are involved, child support complicates the situation even further. Child support in Nevada Child support is a financial contribution by one parent to help support his or her child. In Nevada, child support is required until the child is emancipated. The normal emancipation age is 18, although if a child is still in high school emancipation may not occur until age 19. The main factor when determining custody is the best interest of the child. Joint physical custody is granted ...

Asset Protection Trusts: Domestic Versus Offshore Accounts

2012-12-13
Trusts are popular estate planning tools that were once used primarily to pass assets down through generations. Since this tool can reduce the fees and taxes associated with transferring money, some choose to use trusts as a way to better manage their financial portfolio. In recent years, the benefits associated with trusts have expanded. One primary example involves the shift society has made toward litigation. As litigation has increased in popularity, trusts have evolved to offer an effective form of asset protection. Asset protection planning is designed to help ...

LAST 30 PRESS RELEASES:

New strategies to enhance chiral optical signals unveiled

Cambridge research uncovers powerful virtual reality treatment for speech anxiety

2025 Gut Microbiota for Health World Summit to spotlight groundbreaking research

International survey finds that support for climate interventions is tied to being hopeful and worried about climate change

Cambridge scientist launches free VR platform that eliminates the fear of public speaking

Open-Source AI matches top proprietary model in solving tough medical cases

Good fences make good neighbors (with carnivores)

NRG Oncology trial supports radiotherapy alone following radical hysterectomy should remain the standard of care for early-stage, intermediate-risk cervical cancer

Introducing our new cohort of AGA Future Leaders

Sharks are dying at alarming rates, mostly due to fishing. Retention bans may help

Engineering excellence: Engineers with ONR ties elected to renowned scientific academy

New CRISPR-based diagnostic test detects pathogens in blood without amplification

Immunotherapy may boost KRAS-targeted therapy in pancreatic cancer

Growing solar: Optimizing agrivoltaic systems for crops and clean energy

Scientists discover how to reactivate cancer’s molecular “kill switch”

YouTube influencers: gaming’s best friend or worst enemy?

uOttawa scientists use light to unlock secret of atoms

NJIT mathematician to help map Earth's last frontier with Navy grant

NASA atmospheric wave-studying mission releases data from first 3,000 orbits

‘Microlightning’ in water droplets may have sparked life on Earth

Smoke from wildland-urban interface fires more deadly than remote wildfires

What’s your body really worth? New AI model reveals your true biological age from 5 drops of blood

Protein accidentally lassos itself, helping explain unusual refolding behavior

With bird flu in raw milk, many in U.S. still do not know risks of consuming it

University of Minnesota research team awarded $3.8 million grant to develop cell therapy to combat Alzheimer’s disease

UConn uncovers new clue on what is leading to neurodegenerative diseases like Alzheimer’s and ALS

Resuscitation in out-of-hospital cardiac arrest – it’s how quickly it is done, rather than who does it

A closer look at biomolecular ‘silly putty’

Oxytocin system of breastfeeding affected in mothers with postnatal depression

Liquid metal-enabled synergetic cooling and charging: a leap forward for electric vehicles

[Press-News.org] How a Lawyer Can Help Resolve California Probate Complications
The complications that can arise in transferring the assets of a loved one after death can make probate and inheritance matters daunting to the uninitiated.