We received some enquiries from Hesperia and Apple Valley from a gentleman who wanted some information about Probate Attorneys in Hesperia or a probate lawyer who can help him in Hesperia in a probate case. He had concerns about the fees that he needed to pay to the probate attorney and how laws differ.
There were certain questions which were asked by him:
1. Is the law related to probate different in Hesperia or different cities of California or other states?
Answer: Law related to probate, a court-supervised, detail-oriented process to facilitate the transfer of the property of a deceased person to the entitled heirs and/or beneficiaries, can be different in different states. However, it does not differ within a state. For instance, different cities in the state of California like Hesperia, Apple Valley, San Bernardino and others follow the same probate law.
2. How to chose best Probate Attorney or Probate Lawyer?
Answer: It depends on a number of factors like the complexity of the case, track record and success rate of the attorney, fee, proximity to the client’s location, availability, satisfaction of the client, etc.
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3. How much fee is charged by the Attorney?
Answer: This question does not have a straightforward answer. Again, it differs from person to person and from case to case. For example, a probate attorney in Riverside can charge a different fee than a probate lawyer in San Bernardino. However, good track record of the attorney is crucial.
4. What is the process of probate?
Answer: The legal process involves establishing the validity of a will, if any, and then assigning an executor, or personal representative to administer the estate. Once the petition is filed, as the first step, the court issues a notice to everyone who might be entitled to the inheritance to come forth with objections, if any, to the will’s authenticity or acceptability.
5. What if the person dies without any will?
If a person has died intestate, that is, without a will, the court decides who should be the heir or beneficiary as well as the executor to administer the estate. Next, the assets of the deceased person are ascertained and the court ensures its management during the course of the procedure which usually takes up to a year. It is the executor’s responsibility to pay the creditors and clear any unpaid bills on behalf of the decedent.
6. When probate becomes necessary?
In the US, each state has its own set of rules regarding probate. In California, probate becomes necessary when the total worth of the decedent’s estate is more than $150,000 or it bears only the decedent’s name, that is, the estate is not jointly owned, assigned to a living trust or falls under the pay-on-death category.
Since probate is a time-consuming and complicated process which only aggravates the emotionally taxing experience of the death of a loved one, we offer the best possible support and advice on how to make it smooth and less tedious. You can get in touch with my team on 909-890-2350
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