BLACK FAMILY WEALTH MATTERS: Click here to learn how we are working to support you.
PROTEJA SU HOGAR Y SU FAMILIA - Se Habla Espanol. Haga clic aquí!
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Areas We Serve
      • Los Angeles County
        • Inglewood
        • Malibu
        • Santa Monica
        • Torrance
        • Venice
    • Pre Consultation Form
    • Attorney and Staff Profiles
      • Attorney Caprice Collins
      • Attorney Lioness Ebbay
    • Awards & Recognition
    • Giving Back
    • Our Reviews
    • Speaker Connection
    • Staff Events
  • Services
    • Asset & Business Planning
    • Estate And Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Medi-Cal and Elder Law
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
      • Trust Administration & Probate Definitions
  • EVENTS
  • Resources
    • Elder Law
      • Ladera Heights Elder Law
      • Los Angeles County Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Medi-Cal Planning Checklist
    • Estate Planning
      • Estate Planning Checkup
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning For Niches
        • Trust Administration
      • Estate Planning Definitions
      • Estate and Gift Tax Figures
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Business Succession Planning
      • Elder Law
        • Medi-Cal
        • Nursing Home Planning
        • Understanding Dementia
      • Estate Planning
        • Charitable Gifting
        • Estate Planning for Women
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
      • Financial Planning
        • Tax Planning in Your Estate Plan
      • Incapacity Planning
        • Veteran’s Benefits
      • Legacy Wealth Planning
      • Pet Planning
      • Power of Attorney
      • Probate
        • Serving as Executor
        • Small Estate Administration
      • Trust Administration & Probate
      • Trusts
        • Living Trusts
      • Understanding Estate Taxes and How They Impact Your Estate Plan
    • Legacy Wealth Planning Pre-Consultation Form
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
    • The Ultimate Caregiver Guide
    • Caregiver’s Worksheets and Checklists
  • Videos
  • Reviews
    • Our Reviews
    • Review Us
  • Women’s Planning
    • A Guide to Estate Planning for Women
    • Frequently Asked Questions
  • Trust Administration
  • Blog
  • Contact Us

Collins Law Group

Los Angeles Estate Planning Attorney

powered by BirdEye

Connect with us today(310) 677-9787

Attend a FREE Event
  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest
x

How to Protect Your Family In Case of Your Illness or Death

During our webinar, we discuss family home protection, avoiding nursing home poverty, preventing family feuds, protecting your kids' inheritance, and how you can keep the government out of your affairs.

Watch our webinar now
Home » Incapacity Planning » What Is the Role of a Los Angeles Probate Lawyer?

What Is the Role of a Los Angeles Probate Lawyer?

July 25, 2016Probate

Los Angeles probate lawyerIf you want to plan your estate in an informed manner, you should certainly understand the probate process. A Los Angeles probate lawyer can provide you with the information that you need. Let’s look at the facts.

Los Angeles Probate Lawyer

Picture a fictional scene that takes place after someone dies. There is a home gathering after the funeral, and people are somberly milling about. One by one certain individuals are called into a study.

Someone is sitting at the desk, and the attendees are told that there is going to be a reading of the will.
The implication is that the heirs to the estate will receive checks in the mail after this meeting has taken place.

This is indeed a fictional scenario. In the real world things don’t work this way.

When you draw up your last will, you should include the choice of an executor. This is the estate administrator. The executor is charged with the responsibility of conducting the business of the estate. In many cases, the executor will engage the assistance of a Los Angeles probate lawyer to provide guidance during the process.

The executor must admit the will to the probate court that is local to the decedent. The property that comprises the estate is not distributed to the heirs until the estate has been probated and closed.

Why Does Probate Exist?

Probate exists to provide certain protections. Suppose an acquaintance approaches you about a loan. He or she wants to start a business, and you sometimes provide people that you know with venture capital.

Legally binding documents are drawn up, an interest rate is agreed upon, and you extend the loan. Unfortunately, the person who borrowed the money passes away before the loan is paid.

Suppose the fictional reading of the will scenario played itself out. After the private reading of the will, the person in charge of the estate liquidates property and mails out checks to the heirs. The only guide that is used is the will. The will does not name you, the IRS, credit card companies, auto loan companies, and any other creditors that may be out there.

Probate exists, at least in part, to give creditors the opportunity to come forward seeking satisfaction before the property that comprises the estate is distributed to the heirs.

Another reason why probate exists is to give interested parties the chance to challenge the validity of the last will.

This can seem like a nuisance that is something that would be initiated by a disgruntled party who can’t accept reality. This sometimes happens, but there are legitimate challenges that can be heard by the court.

If a will was constructed under certain circumstances a challenge could be successful. These acceptable grounds for a challenge would include undue coercion, incapacitation of the testator, fraud, and improper execution.

Probate also provides oversight as the executor goes about the business of the estate. If the heirs to the estate suspected any wrongdoing they could inform the court.

When a Los Angeles probate lawyer is retained, an experienced professional can be standing at the ready to help navigate the estate through this legal process.

Avoiding Probate

A  Los Angeles probate attorney lawyer can certainly be of great assistance with an estate is passing through the process. However, there are steps that you could take to facilitate asset transfers outside of the process of probate. This is often done, because probate is time-consuming, and it is a public proceeding. Interested parties could find out how you decided to pass along your assets if your estate goes through probate.

Plus, you would be allowing for lump sum distributions all at once if you provide direct inheritances through the terms of a will that is subject to the probate process.

To avoid probate, you could establish a revocable living trust. Assets in the trust would be distributed to the beneficiaries in accordance with your wishes outside of probate after you pass away, and you would not be compelled to allow for lump sum inheritances.

To Schedule a Free Consultation

If you are interested in the possibility of working with our firm after learning these facts, please select our “Workshops” tab to RSVP for a free estate planning workshop. At that workshop you will be offered a free one-hour consultation with an attorney:  https://collinslawgroup.comseminars/

  • Author
  • Recent Posts
Caprice Collins
Caprice Collins
Attorney Caprice L. Collins is a top rated Harvard Law School graduate. She has 34 years of legal experience with a successful law practice devoted exclusively to Estate/Business Planning and Trust Administration. Attorney Collins is a well-respected keynote speaker on Wills, Living Trusts, Estate Planning, Business Planning and Trust Administration. She has appeared on California’s Real Estate Radio Station KTLK AM 1150 as a legal expert on Estate Planning and Living Trusts among many other notable media appearances.
Caprice Collins
Latest posts by Caprice Collins (see all)
  • Can the Beneficiary of My Life Insurance Policy Be a Trust? - May 30, 2023
  • Are Your Digital Assets Included in Your Estate Plan? - May 27, 2023
  • What Is a QTIP Trust? - May 25, 2023

Other Articles You May Find Useful

Los Angeles estate planning lawyers
5 Tips for Avoiding Probate
Baldwin Hills probate attorney
Probate Mistakes You Want to Avoid Making
Collins Law Group
Do All Estates Need to Be Probated?
Los Angeles estate planning attorneys
Top 5 Concerns for a First-Time Executor
10 Steps in the California Probate Process
probate process
Dissecting the Probate Process

Primary Sidebar

Collins Law Group

Blog Subscription

Sign up to our blog to receive the latest estate planning news and updates!

  • This field is for validation purposes and should be left unchanged.

Our Attorneys

Attorney Caprice Collins

Get to Know Attorney Caprice Collins


Attorney Lioness Ebbay

Get to Know Attorney Lioness Ebbay

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Testimonials

Client Review
August 19, 2020
    

“My mother told me about the Collins Law Group and I must say, the entire experience has been a real pleasure. Although I was nervous at first, the Collins Law Group staff put me at ease with their friendliness and knowledge. I didn’t realize how hard it could be on your family and loved ones left behind if you die without any planning or directions in place for them. My biggest concern was making sure my elderly mother would be provided for and taken care of if something happened to me. I have been a caregiver for her for 12 years, so this planning was crucially important. I had previously made a living trust for myself on Legal Zoom but there is no comparison to the level of service and professionalism that Collins Law Group embodies. Attorney Collins and her staff provides excellent service and it will take a large burden off of my family when they need guidance at the time of my passing.”

default image
-Ms. Jones

Where We Are

Collins Law Group
3330 West Manchester Boulevard
Inglewood, CA 90305
Phone: (310) 677-9787
Fax: (310) 677-6742
Email: clcfirm@aol.com

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Map

Collins Law Group Google Map

Footer

  • About Our Firm
  • Advantages of Working With Our Firm
  • Services
  • Sitemap
  • Resources
  • Blog
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest
Collins Law Group footer logo

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.