A will often requires approval by a probate court. Probate is the legal process by which a will is proved or established to be valid. The assets that pass by means of a will are often referred to as probate property. Then there are assets for which a beneficiary has been designated in a separate document and that are not subject to the process of probate? non probate property. Together, these two elements form the gross estate for tax purposes. (Just because property passes outside of a will doesn?t mean that it necessarily escapes taxation.) Non probate property includes property that has been taken in joint name and that passes automatically to the other individual joint owner (the family home, bank accounts, etc.). Other common non probate property: life insurance policies and retirement plan accounts.
Source: belvideredailyrepublican.net
Video: Lawyer in Upland, Rancho Cucamonga, Claremont ? Wills, Trusts, Living Will, Probate, Estate Planning
Update: Thomas Kinkade?s contested will is in probate court
Although Thomas Kinkade?s widow expressed her desire to keep the controversy over his estate a private matter and not use the court system, the contested will dispute has been filed with a probate court. Earlier this week the presiding judge of the probate court decided that the probate petition will be decided in open court and not behind closed doors as the widow requested. It was reported by the girlfriend?s attorney that she is pleased the probate court has decided to hear the probate petition and feels the court?s decision is in the public interest.
Source: floridaprobatelitigationlawyers.com
Can you write or read a letter for judge in Probate Court?
I am a surviving spouse in an Estate matter wherein my spouse disinherited me which is common in his culture and disinheriting a spouse is legal to do in Minnesota. My spouse of almost 20 years died of a terminal illness so he had time to arrange or do things before he passed. Now relatives are all over the place to get the money, saying that they contributed to joint accounts wherein they are beneficiaries, etc. and that the money was not "really" his money. In the year before passing, my spouse gave me a valuable jade jewelry gift and my spouse gave this jewelry to his family member within 6 months of passing and now they say the value is perhaps 1% of the real value and that it is a family heirloom and that I was only given the jewelry you might say to "use". My spouse also had property in China, which I have no legal access to, and they are saying this was not his property. The stories go on and on and we are dealiing with two different cultures also?.American and Chinese. Can I write a letter to the judge before the trial and/or can I make a statement at the trial on my behalf and present my story to the court in a Probate case? There is a lot of "cat" fighting going on and I feel that they may succeed in "bending the law" as there are always some "gray" areas in law. I do have an attorney who is very non-aggressive and the opposition is pursuing an extremely aggressive position.
Source: worldlawdirect.com
Probate Courts Handle More than Wills
Estate planning attorneys often have to deal with probate matters and go to probate court. While many people may know that probate courts are responsible for determining whether a will is legally valid and overseeing the estate settlement process, these courts also handle numerous other duties and responsibilities. Though individual states have given probate courts responsibility over different legal issues, they typically handle many of the following situations.
Source: cheryldavid.com
Using Estate Planning to Reduce Family Disputes Over Inheritance
No one wants to think family disputes over inheritance will be an issue, but it happens all the time. Death tends to magnify existing family dysfunction, but can also be the catalyst for inappropriate behavior during the grieving process. As a probate liquidator, I?ve witnessed family disputes over inheritance erupt in courtrooms and law offices. I?ve watched families be torn apart because a relative contested the Will to lay claims to something they didn?t receive in the decedent?s last Will. While there is no ironclad way to prevent inheritance wars, engaging in estate planning can reduce the potential. The best strategies to reduce potential for heirs contesting the Will are to transfer estate assets to a trust or assign beneficiaries to exempt certain types of property from probate. Every estate within the U.S. is required to undergo probate unless estate assets are placed into a trust; protected by assignment of beneficiaries; gifted to heirs prior to death; or estate values are small enough to be exempt. Probated estate settlement duties are assigned to a personal representative designated within the last Will. If a person dies without executing a Will, a personal representative is appointed through court and assets are distributed to heirs according to state probate laws. A last will and testament is also necessary for establishing a trust. Wills provide important directives regarding estate settlement including: appointing a personal representative; establishing guardianship; and bequeathing general and specific gifts to individuals. It can also be used to disinherit relatives. Disinheriting heirs is not common practice, but there are times when it is necessary. Individuals that want to intentionally write relatives out of their Will must include a disinheritance clause that provides reason as to why the heir is not entitled to estate assets. While this clause does not guarantee disinherited heirs won?t contest the Will, it can reduce the potential. A no-contest clause can be inserted when there is concern that heirs will contest the Will. This clause states any heir that contests relinquishes rights to gifted inheritance property. Again, this can?t prevent a person from filing lawsuit, but is a good deterrent. It can be helpful to hire a probate attorney when family strife exists. Attorneys can help individuals engage in estate planning practices that protect estate assets from undergoing probate and implement strategies to minimize family arguments. One of the most common causes of family feuds is who should be appointed as estate administrator. If appointing a relative to this position increases potential for inheritance war, consider hiring a probate litigator or lawyer to manage the estate. Hiring a neutral third party increases estate settlement costs, but can save the estate money if litigation occurs. The cost to defend contested Wills can quickly bankrupt small estates. If the estate does not have adequate cash the estate administrator will be ordered by the court to sell valuable property; leaving little to nothing for heirs. It can be helpful to host a meeting and ask family members to claim items they want. It can be odd to lay claim to a loved one?s belongings. If the process is uncomfortable have family members write out a list. If multiple people request the same item, negotiate an agreement so everyone knows who receives the property. While it?s impossible to stop family disputes over inheritance, there are techniques that minimize relationship damage. Not only can estate planning lessen potential for arguments, it also offers peace of mind knowing affairs are in order.
Source: abcarticledirectory.com
?PROBATE Wills: Probate Court: Jurisdiction? by Georgia State University Law Review
The Act requires that notice of a petition to probate a will in solemn form by served upon propounders and beneficiaries under another will of the testator. It gives the probate court original jurisdiction to vacate, set aside or amend an order admitting a will to probate. It establishes the form of the petition and notice requirements.
Source: gsu.edu
LA Probate Law: Will is needed Why? : LA Probate Law
Under California law, a Will is administered through probate court. Those wishing to bypass the probate process should consider a Living Trust or other legal form of transferring your assets without probate jurisdiction. Typically, the executor named in your will starts the probate process after your death by filing a petition in court. An executor is appointment by the court, takes charge of the assets, pays debts and, with court approval, distributes the estate to beneficiaries in accordance with your Will. In many instances, hiring an estate planning attorney to assist with probate court matters can be a good idea. There are many advantages and disadvantages to probate court and an experienced attorney may best assist you in ensuring proper administration of an estate say LA Probate Law. Probate court is accustomed to resolving disputes and oversees an executor?s actions, which can also help protect an estate. However, the probate court process is public, so your estate, assets and values will become public record and will be accessible by anyone who wishes to review court documents. In some cases, a probated estate may cost more in court and attorney fees, and may take longer; that estates plan that distributes your assets through a living trust.
Source: laprobatelaw.com
The Estate of Copper Heiress Huguette Clark Continues to Face Battles in Probate Court
About Morris, Hall & Kinghorn: At Morris, Hall & Kinghorn, we have focused our legal practice on estate planning for over 40 years.? Along with estate planning, our attorneys help clients and their families with matters of probate, trust administration, wills, power of attorneys, business planning, succession planning, legacy planning, charitable gifting and other important legal aspects.? We also have divisions in financial, real estate and accounting to help you incorporate all of your planning together, ensuring that everything works perfectly for your needs and situation. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Tucson, Prescott, Flagstaff and Arrowhead.? Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.? Contact us today at 888.804.5340 to schedule an appointment!
Source: morristrust.com
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Source: http://probatecourtco.com/reaching-your-financial-goals-the-language-of-wills/
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