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The court grants the legal authority necessary to administer your estate to your executor if you have a will,or if you don’t have a will,the court will appoint an administrator for you,such as a family member or private fiduciary.
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Interested party includes the personal representative,any heirs of the deceased,all creditors,and anyone specifically named in the will.
The management and distribution of your assets in the event of your death or incapacity,and.
A health care power of attorney designates someone you trust to make decisions regarding your health care in the event you are mentally or physically unable to make decisions for yourself San Diego probate law San Diego probate lawyer As part of the proceeding,you file an inventory and an accounting of the estate.
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A revocable living trust is created for the purpose of preventing probate procedures.
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The Law Firm of Steven F.Bliss Esq.probate attorney A successful estate plan also includes provisions allowing your family members to access or control your assets should you become unable to do so yourself.
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The main job of an executor is to follow the probate code and do what the law tells them to do,but the judge actually moderates the probate process and watches everything that’s going on San Diego Probate Attorney San Diego probate lawyer Here are some common examples:.
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Does the estate contain only common assets,like a house,bank or brokerage accounts,vehicles,and household goods? Things get much more complicated when an estate includes a business,commercial real estate,or any other asset that requires special ongoing handling The Law Firm of Steven F.Bliss Esq.San Diego probate attorney Your will and the entire court file is open to public review at the courthouse.

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You must always stay informed of your responsibilities,keep good records,and communicate with everyone involved No you do not,A will is merely a writing signed by a deceased person In order to get assets transferred out of a deceased person’s name,you will need a court order,hence this is why you go through the probate process The Law Firm of Steven F.Bliss Esq.A living trust is a separate legal entity and has full legal authority on its own and thus can avoid the probate system entirely,can manage all of your estate distribution and management desires,can accomplish substantial savings on estate taxes,and can remain totally private so that no one knows your business except those persons that you want to have knowledge of your personal and financial affairs.
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If the estate is small or the estate can pass to other people through simplified procedures informally,then a close relative,often the person who will inherit most of what is left behind can be the informal estate representative.
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San Diego probate law probate attorney The first thing is to figure out who will be the representative of the estate If there is a will,the representative is the executor named in the will.
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When you die,your assets are distributed and your debts paid according to your will if you have one or else according to state laws of intestate succession Once you know what property the decedent had when they died,who should get what,and what the value of everything is,you need to figure out how to transfer it Steve Bliss Law This itemizes the assets,liabilities,income and expenses of the probate estate.
San Diego Probate Law Make sure you are doing all you need as estate representative to take care of the estate and help make sure it gets distributed correctly.
A durable power of Attorney merely suggests that the document stays in result if you become incapacitated and unable to handle matters by yourself The Law Firm of Steven F.Bliss Esq.San Diego probate lawyer Sometimes,it is not clear who should be estate representative,like,if the will does not name an executor and more than one person has the same priority,or there is a disagreement between heirs as to who should serve,or the person with the higher propriety has a conflict of interest,and many more.