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San Diego Probate Lawyer So,the term “personal representative” can refer to executors,administrators or,in the case of an incapacitated person,a conservator.
A living will,also known as an advance directive,sets forth your wishes regarding what types of life-prolonging medical treatment you do,or do not,want in the event you become terminally ill or injured and are unable to communicate your wishes San Diego probate attorney

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What if the Decedent Owns Land and Property in More than One State.
A living will goes along with a health care power of attorney,as it can serve as a guide to your agent,or can express your wishes in the event your agent is unavailable at a crucial moment.
Step 1: Figure out who will be the estate representative: We have extensive experienced helping clients with these issues San Diego Probate Lawyer In a probate case,an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets,pay the debts and expenses,and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit),all under the supervision of the court.
You may need to talk to a lawyer to help you figure out who the heirs or beneficiaries are San Diego probate law San Diego probate lawyer (858) 278-2800.
The entire case can take between 9 months to 1 years,maybe even longer Steve Bliss Law San Diego probate lawyer (858) 278-2800.

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If you break your duty,you may end up being personally responsible for any loss to the value of the estate probate lawyer (858) 278-2800.
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 San Diego Probate Lawyer probate attorney ( +1 (858) 278-2800 ).
San Diego Probate Law So,the term “personal representative” can refer to executors,administrators or,in the case of an incapacitated person,a conservator.
The Law Firm of Steven F.Bliss Esq.With regard to deceased persons,probate is the court-supervised process of administering their estate.
Did the maker of the will sign it under duress and also were they competent to create one at that time You’ll certainly need expert legal and tax advice if the estate must file an estate tax return,either with the IRS or the state taxing authority San Diego probate law As a general rule,in San Diego and most of Southern California,Probate can take anywhere from eight months to two years to complete depending upon the complexity of the case.
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San Diego Probate Lawyer Step 3: Figure out who the heirs and beneficiaries are.
These rules often discuss issues such as when and how a probate hearing will be held Regardless of local rules,however,the basic reason and content of the initial probate hearing remains the same San Diego Probate Attorney ( +1 (858) 278-2800 ).
As we have explained,there may be simplified procedures available,or it may have to be done formally in probate court San Diego Probate Law probate lawyer ( +1 (858) 278-2800 ).


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We have extensive experienced helping clients with these issues The Law Firm of Steven F.Bliss Esq.probate attorney 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
That sounds a bit complicated but the basic idea is that everything starts and flows around wherever the decedent died San Diego probate law (858) 278-2800.
Is there enough money in the estate to pay debts Once everything has been distributed,you’ll submit receipts and records of everything to the court and then ask for the estate to be closed – and to be released from the role of executor The Law Firm of Steven F.Bliss Esq.A letter of intent is simply a document left to your executor or a beneficiary.
What happens if I don’t have a will Steve Bliss Law San Diego probate lawyer ( +1 (858) 278-2800 ).
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The court will then issue Letters Testamentary San Diego probate law probate attorney If you break your duty,you may end up being personally responsible for any loss to the value of the estate.


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A qualified domestic trust (QDOT or QDT) can prevent this from taking place.
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A medical power of attorney is one type of healthcare regulation- that is,a document that set out your long for health care if you are ever too ill or hurt to speak for yourself Steve Bliss Law probate lawyer 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.
You can find the full list in Probate Code ~8461External link icon As you may imagine,the surviving spouse or legal domestic partner is at the top of the list,with children as the second category,grandchildren as the third,and so on Steve Bliss Law probate lawyer Until the property goes to the right beneficiary,you are responsible for managing it in everyone’s best interests.
The answer to that is actually pretty straightforward.
If you break your duty,you may end up being personally responsible for any loss to the value of the estate San Diego probate lawyer 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
The Law Firm of Steven F.Bliss Esq.A Living Trust holds title to your assets and has a life of its own.
Steve Bliss Law probate attorney A living trust is another way to manage what happens with your assets and is worth discussing with your estate planning team.
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 Steve Bliss Law San Diego probate attorney A living trust is another way to manage what happens with your assets and is worth discussing with your estate planning team.

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Real property refers to land and things permanently on land,like houses Steve Bliss Law 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
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Ssets held in a living trust can bypass probate,too The Law Firm of Steven F.Bliss Esq.(858) 278-2800.
Steve Bliss Law probate attorney A revocable living trust is another common type of trust,and is used in estate planning.
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The personal representative should obtain a certified copy of the Letters Testamentary so that he or she can demonstrate the necessary legal authority to handle the estate The Law Firm of Steven F.Bliss Esq.probate lawyer ( +1 (858) 278-2800 ).
But in many states,even estates that are fairly large – not counting nonprobate assets – can use the simpler processes.
Probate lawsuits tear families apart and can drain a lot of money from the estate in the process A lawyer may be able to help you avoid a court battle.