Having to go to court is never any fun, especially when it
is required to settle the estate of a deceased family member or friend. But the
one of the main reasons estates end up in probate court in California is a lack
of foresight or not having the right end of life paperwork prepared.
When a person dies, they obviously have no need for any
possessions they owned, so naturally the surviving relatives and friends will
want to split these up and claim them for themselves. Probate is involved in almost
every case of death, but its role can be defined by the deceased through the
execution of a will. If a will is in effect, one reason people go to probate
court in California is simply to find out what has been left to them.
When someone wants to contest the will, the probate court
will decide the matter. More and more, this unfortunately is another of the
main reasons people go to probate court in California. These usually occur in
cases where the deceased had a lot of assets or money, and the rest of the
family is not on great terms with each other. But, by having a properly written
and executed will in place, you can avoid more bad blood and fighting after you
are gone.
The worst of the main reasons people go to probate court in California is the
deceased had no will at the time of their death. This is more common with
younger people, as their dying is often the furthest thing from their mind.
However, anyone that has any kind of assets is best served by having a will in
place. Otherwise, the probate court will decide who gets your assets, and in
what amounts. If your intention is that $50,000 of your life insurance is to go
into a trust fund for both your son and daughter to go to college, you
definitely need a will. Otherwise, your spouse may get the whole amount, and
obviously there is nothing you can do to make sure it is used according your
wishes.
Probate can be a messy, time consuming, and expensive
undertaking. But, it’s also one that is fully avoidable by taking the time to
have a revocable living trust prepared and executed. In California, a revocable living trust will
ensure that the estate avoid the probate court, and the administration and distribution
of the assets will be conducted privately and without a court case.
Either way, a properly prepared and executed last will and
testament or a revocable living trust will help to avoid bad feelings among
your survivors, since they will get what you want them to have, and won’t have
any basis to fight over anything else because you have expressly stated your
wishes.
