Probate hearings are often
a mystery to those who've not been involved in them and are
described as a "nightmare" by those who have. They
are the subject of dramatic scenes in movies and books, and
it's no exaggeration to say that they can be a trying time for
While wills serve to specify the distribution of physical goods
such as jewelry or family heirlooms, and living
trusts can control the distribution of financial assets
such as stock holdings or retirement plans, a probate hearing
can introduce challenges and disputes that can tie up assets
for significant periods of time.
|Even without the overblown depictions
of probate hearings or fears of challenges, a probate
hearing often adds a large amount of uncertainty to a
naturally stressful time. The intervention of the courts
to take over the management of the deceased's assets can
reduce or eliminate control over the estate, and it's
not always clear who will benefit.
Also, probate hearings regularly take much longer to conclude
than other, more directed, plans for asset
California law requires a probate hearing if any one of a number
of conditions is true. If someone dies intestate, or without
a will, a probate hearing will be required. If you have plans
for how your assets should be distributed, taking action now
with an experienced tax and estate
planning attorney can make all the difference. There are
legal means to avoid probate for most, if not all, of your assets,
and your plans can be made real and secure.
Probate hearings are not only lengthy, they can also be expensive.
If the assets are challenged or questioned, a California
probate attorney is necessary if you want to protect your
rights, but even if no disputes arise, a probate attorney is
still necessary to properly conduct the legal provisions that
arise in probate.
Probate is a confusing and complicated matter. Even in the
simplest of hearings, the knowledge and experience of an attorney
who practices in the areas of tax law and tax probate considerations
can assist in the progress of the probate. If you're faced
with, or have been involved with a probate hearing and want
to avoid your loved ones through one, there is no substitute
for the assistance a qualified estate planning attorney can
To schedule a FREE initial estate planning consultation,
please contact The Mamola Law Firm, APC at (800) 440-5294.