A will contest can result in a significant delay in the distribution of a loved one's assets. Also, because the costs of will contest are paid out from the estate, the available funds can be significantly depleted. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney right away.
Efficient Los Angeles Probate Lawyers
The probate system is the process by which an estate is distributed when someone passes away. At Wellington Y. Kwan, Inc., we have substantial experience in this field. We know how to move through the probate process quickly while avoiding unnecessary costs. From proper accounting of income and expenses to good reporting and prompt completion of estate and income tax matters, our attorneys can handle all of your probate needs. The following information is intended to help you better understand probate and what you should expect from your attorney. Contact us to learn more.
From our office on Wilshire Boulevard, we serve clients throughout Southern California, including downtown Los Angeles, Burbank, Santa Monica, Monterrey Park, Santa Ana, Irvine, and all of Los Angeles and Irvine Counties.
If you are looking for experienced and efficient attorneys to handle your probate needs, please contact us today to schedule your free initial consultation.
Probate and Estate Administration - An Overview
Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries.
An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, call an attorney in your area today.
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The Probate Process
Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.
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Role of the Executor
An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of his or her will. In addition to locating documents left by the testator (i.e., wills, trusts, deeds, etc.) and notifying Social Security, pension providers, annuity providers, and other entities of the death, the executor has numerous other legal responsibilities.
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Avoiding Probate
Assets disposed of outside the probate process are part of the non-probate estate. Since a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models in order to save their loved ones from the difficulties associated with going through the probate courts.
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Will Contests
The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.
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Probate and Estate Administration Resource Links
Uniform Probate Code
Maintained by Cornell University Law School, this site identifies the states that have adopted, at least in part, the Uniform Probate Code. Links are also provided to each state's version of the code.
Internal Revenue Service
The IRS web site has information on the federal estate tax, including information on recent reforms to estate tax laws.
Executors
This page is maintained by the H.E.L.P. organization, and provides an overview of the executor's, personal representatives', and trustee's estate administration responsibilities.
Smart Money: Estate Planning
Provides information to consumers on the process of gathering information and documentation for estate planning.
AARP:
Estate Planning Guide
Guide provided by AARP with useful information on wills, powers of attorney, estate administration, choosing an executor, and other estate planning resources.
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