Category Archives: Probate Information

Where There’s a Will, There’s a (Better) Way

Is there a way to have your estate handled without everyone else getting an administrative “piece of the pie?”

The idea of a Will is literally thousands of years old. It’s not that they’re a bad thing (Buggy whips were cool…once), it’s just that the law has changed to allow cheaper and more effective William R. Livelyways to “get your house in order”; and for the benefit of those who must “take over” when one will finally be gone.

As previously written, property cannot be allowed by society to bust be “hanging out in the air,” without someone claiming and being responsible and accountable for it. Therefore, and in order that society can “move things along,” if one has not intentionally caused a Will to be written for them, they may be surprised to learn that the State has already written one for them. It’s called the “Law of Interstate Succession,” and it’s written right into the Probate Code of our State.

Taking the “scenic route” to probate court.

Nevertheless, and whether or not there is a Will, there has to be proceedings in a court of law to finally establish the rights of one to inherit the property of another. In California, the place where those proceedings take place is in Probate Court. At the present time, if you live in the Santa Clarita side of Saugus, the Court will be in downtown Los Angeles. If you live closer to Antelope Valley, those hearings may be in Lancaster. It will take somewhere between a year or two (on average) to do it; and it will be expensive, as well as very public; and on a variety of levels. Continue reading Where There’s a Will, There’s a (Better) Way

What’s So Wrong With Probate?

Where do you legally want your “stuff” to go when you go?What's so wrong with Probate?

Well, like so many questions of law, “it depends.”

From ancient times, it has been the case that the sovereign government has taken control over the property of a deceased person, in order to ensure that their assets pass to the persons intended and otherwise proper; and that debts, costs and taxes are paid along the way. A court supervises this process; and sees that all that should be done is in fact done properly, and at a truly minimal cost. If a person has not written down their directions for where and how these things should occur, it will be found, that the state has written directions right into the law.

The true value of a Living Trust and Durable Powers of Attorney

 

Nevertheless, it has been said that the whole history of our law has been a story of lawyers trying to keep this from happening. It is otherwise possible, for a person to write down their wishes with regard to where and to whom their property should go when they pass away; and, it’s additionally possible for such persons to write down exactly what should be done with their selves and their property, if such persons should become without the ability to make those decisions, without dying. Those same documents, if done thoughtfully and carefully, can be designed to avoid any probate or other court action, altogether; and in fact, give the writer control over their own property, even after their death. That’s the true value of a Living Trust and Durable Powers of Attorney.

Where is your stuff going? We can provide you with some direction.

 

What’s So Wrong With Probate?

Well, like so many questions of Law, “it depends.”

From ancient times, it has been the case that the sovereign government has taken control over the property of deceased person, in order to ensure that their assets pass to the persons intended and otherwise proper; and that debts, costs and taxes are paid along the way.  A court supervises this process, and sees that all that should be done is in fact done properly; and at a truly minimal cost.  If a person has not written down their directions for where and how these things should occur, it will be found that the State has written such directions right into the law.

Nevertheless, it has been said that the whole history of our law, has been the story of lawyers trying to keep this from happening.  It is the case that certain costs and occasional taxes could occur if the State is left to administer a decedent’s estate.   On the other hand, it is entirely possible for persons to write down their wishes with regard to where and to whom their property should go when they pass away; and it’s additionally possible for such persons to write down exactly what should be done with themselves and their property, if such persons should become without the ability to make those decisions, without dying.  Those same documents, if done thoughtfully and carefully, can be designed to avoid any probate or other court action, all together; and in fact, give the writer control over their own property, even after their death.  That’s the true value in Living Trusts and Durable Powers of Attorney.

Law Office of William R. Lively and Associates are located at 23929 W. Valencia Boulevard, Suite 411 in Valencia.  For more information, please call 661-287-3600.

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