Over the years, you fill your home with memories, things you love and value. You may have shelves of books, cabinets with heirlooms and souvenirs on display and many more knick-knacks. When it comes to creating your will, you may wonder: will it be necessary to address every single one of these belongings in your estate plan? Your estate includes… The post Do you really have to address all your assets in your trust or will? first appeared on The Probate House L.C ..read more

Losing a spouse, a life partner, is unimaginable. You are left facing grief and stress. Not to mention, endless questions. After all, there are legal matters to address on top of the emotional turmoil. Here are three critical questions to address in this situation. What does the estate plan say? You and your spouse may have prepared for this exact… The post 3 questions surviving spouses should have the answers to first appeared on The Probate House L.C ..read more

Losing a loved one is never easy, and dealing with legal matters during this time can add to the stress. If you are the personal representative or executor of the estate, it may be your responsibility to start the probate process. But what happens if the original will is lost or destroyed? It is natural to feel panic set in.… The post What if the will is lost? first appeared on The Probate House L.C ..read more

The probate of a loved one’s estate brings with it a long list of things to do, documents to file and assets to locate. All of this is on top of the reality of losing someone you love. There is no question that this can be an overwhelming time for California families. So, how do you mentally and emotionally get yourself ready for the probate process? Understand what to expect As the personal representative or executor of the will, you may have some idea of the duties related to the role your loved one assigned you. It is best to make sure you know what to anticipate throughout the proceedings ..read more

In the Los Angeles area, the topic of intellectual property (IP) and any royalties from such property is always relevant. However, what happens to those rights and royalties when the person who owned them passes away? Some of the steps are similar to other assets Much like any other items a loved one left behind, there will be certain steps to take in probate. These steps, which apply to royalties as well, include: Take inventory: It will be necessary to make an inventory of the entire estate. However, it will help to include a specific list cataloging any IP rights and royalties that the dece ..read more

Your parents helped you take your first steps, and they held your hand when you faced stressful times. As your parents age, the roles start to reverse, and you become the one helping them with daily tasks and being there for them. This role reversal can be overwhelming and emotional. What can you do to help take on legal responsibilities for your aging parent? 5 steps to consider when taking legal responsibility Just as your parents held legal responsibility for you when you were a minor, it may be necessary to obtain legal responsibility for your parent. In such situations, it will help to ta ..read more

There are many assets that can pass from one person directly to another after they pass away – by making use of beneficiary designations. The owner of an account can list a beneficiary, who obtains ownership of the account without it having to pass through probate. This seems straightforward, right? However, there are some cases where a beneficiary designation could be disputed. When could families challenge designations? The situations in which families can dispute a beneficiary designation are very similar to those in which they can challenge a will under California law. Family members or in ..read more

As we have discussed in previous blog posts, the stress and pain of losing a loved one can place a significant amount of strain on a family. As emotions run high, it increases the risk of disagreements between family members – particularly when it comes to the deceased loved one’s wishes. Family members might have different interpretations of the will or your loved one’s desires for their memorial service. Families must approach such disagreement very carefully. Here are some helpful tips to consider to navigate these conflicts. 1. Have an open, nonjudgmental and empathetic conversation Commun ..read more

One essential detail of creating a will – or any estate planning document – is testamentary capacity. Put simply, this means that the person who creates the will must have a sound mind. This aspect can come into question if a loved one faces a dementia diagnosis. Your loved one and your family may face an additional level of stress in estate matters. What are the options? 4 steps to take to determine validity So, how can you and your family determine if their will is valid? There are a few steps you can take, including: Understand the timeline: Timing will be the key. When was your loved one d ..read more

There is no doubt that the aftermath of losing a loved one is overwhelming. You and your family may struggle with complex emotions – but will you have to navigate a complex legal process as well? In many cases, probate may be necessary in California to validate a loved one’s will and begin the administration of their estate. However, many families worry that probate is a complicated procedure. Is this true? Answer? It depends While there are particular rules to follow and steps to take in probate, the process is never the same. Probate could be complex, but it depends heavily on specific detai ..read more