If your spouse has recently passed away, you may be wondering if you need to go through probate in order to inherit your deceased spouse’s property. The answer to this question depends on how your spouse’s property was titled and the value of your spouse’s solely-owned assets. The first question is whether your spouse’s assets …
The death of a spouse is one of life’s most emotionally challenging events, and that sudden change can also create financial uncertainty. While many people assume surviving spouses automatically inherit everything, this is not the case in California. If your deceased spouse dies with a will, their share of community property and their separate property …
CLIENTS SPOUSES Spouses benefit from marital rights under many state probate laws that give them special inheritance rights, including priority for appointment as executor for a deceased spouse’s estate, a right to seek a family allowance for life’s necessities during the pendency of an administration, an ability to pursue a spousal property petition and possibly …
Disinheriting a spouse can be a fundamentally simple – but realistically flawed – process: Simply ask your spouse to sign a contract (e.g. a prenup or postnup) wherein they agree to be disinherited — and to receive none of your estate assets. The challenge is obvious: Most of the time when the topic of assets …
As a pretermitted spouse, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. What is a pretermitted or omitted spouse? A pretermitted spouse simply is someone who married decedent after his or her will or trust was …
As a pretermitted spouse or child, you may have legal rights to an estate inheritance. Here’s a simple guide to help you understand the definition of pretermitted, rights, statutes, and the litigation process. What is the definition of a pretermitted heir? Pretermitted heir simply refers to a person who may have become an heir after …
The Guide to Pretermitted Heirs, Spouses, and Children Read More »
When a person dies, their estate often must go through probate, which is the legal process of distributing their assets. Multiple parties are typically involved in these proceedings, including: Each party has different rights and responsibilities in an estate, and it is important to understand these roles before moving forward with any legal action. Who …
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Bay Area Probate Lawyers & Trust Attorneys At RMO, our probate lawyers and trust litigation attorneys have the experience to effectively assist beneficiaries, heirs, families, and clients. Our attorneys have been recognized by SuperLawyers, AVVO, and Martindale-Hubble as the best in the Bay Area. (628) 466-3555 hello@rmolawyers.com 2121 North California Blvd., Suite 290, Walnut Creek, …
Pasadena Probate Lawyers & Trust Attorneys At RMO, our probate lawyers and trust litigation attorneys have the experience to effectively assist beneficiaries, heirs, families, and clients. Our attorneys have been recognized by SuperLawyers, AVVO, and Martindale-Hubble as the best in Los Angeles. (626) 772-3335 hello@rmolawyers.com 225 S. Lake Avenue, Suite 300, Pasadena, CA 91101 SCHEDULE …
If a person passes away without a will, their assets are distributed by probate court according to Florida’s intestate succession laws. However, having a will does not mean you avoid probate court. Florida probate court governs the disposition of all descendants’ (the person who passed away) estates. Many assets will pass directly to designated beneficiaries …
How Long Do You Have To Contest Probate in Florida? Read More »
Inheritance laws in Florida are based on whether there was a valid, enforceable last will and testament for the person who passed. If they had executed and signed a will, their remaining assets would typically be distributed according to the wishes outlined in the document. However, if someone passes away without a will, their assets …