In the earlier article that can be read over here, we have mentioned advantages or benefits of Probate. Specially if it is taken up early. Whereas, in this article we have compiled FAQs received on how to avoid the given hassles of Probate from the following places:
- San Bernardino County, California, USA
- Riverside County, California, USA
- Apple Valley, California, USA
We have mentioned certain complexities related to probate and how to avoid them. A good lawyer or attorney can help you and can guide you further.
How to avoid: Disadvantages & Risks
1. The Involvement of Court
Most people believe that probate only involves a will, that if a person dies leaving a will, probate is required to implement the provisions of that will. However, the probate process is also required if a person dies without a will and has property that needs to be distributed under the state intestacy law (the law of inheritance). If the decedent owned an account that named a beneficiary (such as a retirement account) but the beneficiary has passed away before the owner of the account, the probate law requires the account to go through the court process so that the fund can be passed to the person legally entitled to it under the state law. Here is where we can help you to avoid hassles. You can contact Law Office of Antoniette Jauregui by calling on +1 909-890-2350 or by clicking here.
2. Aspect of privacy
Probate is a matter of public record, and some may not want their personal information made public. However, when the estate left behind is complex and leaves a number of potential heirs, beneficiaries, and creditors with potential claims, going through the “public option” can be a safer choice. Probate ensures that the process is supervised by the court, and public disclosures are issued. This lets any party with a potential interest make a claim against the estate, but it limits the timeframe in which they have to do it. The downside is that the affairs of the estate are public record, including the contents of the will, which may not be desirable in every situation. Therefore, while drafting the application utmost care should be taken and must be done by the experienced lawyer only.
Helping Clients In Victorville, Hesperia, Apple Valley, and Los Angeles counties in California, USA
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3. Lengthy process
One of the biggest disadvantages of probate is the amount of time that it takes for the legal process to complete. It’s a formal procedure that needs the help of a personal representative to shepherd the estate through the steps that are legally required, and there are specific timelines for each step. For instance, the amount of time that creditors have to file a claim is four months, during which time the assets of the estate are unavailable to beneficiaries. This can put heirs at a real disadvantage if they’re in desperate need of their inheritance. Many people ask: How long does probate take in California with a will? or How long does probate take in California without a will? If you take timely decision and informed your attorney timely, you can be successful and in a better position.
Helping Clients In Inland Empire, San Bernardino County & Riverside County in California, USA
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4. Costs money
Another disadvantage of probate is that it costs money. There are court and filing fees, the costs of publishing notices to creditors, and other expenses that can eat into the estate’s value, leaving less for beneficiaries. On top of the filing costs and other expenses, there may be payment to the personal representative of the estate, attorney fees, accounting services, and professional appraisers, too. When these services are necessary, it can be money well-spent, but all of it together can chip away at the estate’s value, leaving less for the heirs and beneficiaries. We call do for you. We have 100% record of success. You don’t need to search further for a low cost or cheap attorney nor have to be much concerned about the fees of attorney, because having a good attorney offset all the complexities and hassles. You can contact Law Office of Antoniette Jauregui by calling on +1 909-890-2350 or by clicking here. We also serve Inland Empire, CA and High Desert, CA.
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