Category: California Probate

Power of attorney is a legal authority that allows someone to manage business affairs and make legal and financial decisions on behalf of the owner. Many individuals believe that the eldest child automatically receives this authority, which is untrue. 

If you’re also worrying about the same question of whether the oldest child has power of attorney in northern California or not, rest assured. This guide is devised to help you out regarding the matter of POA. 

By reading this guide, you’ll get answers to all questions, including who gets the power of attorney and how to give the right to a POA to someone. We’ll discuss the entire process of giving POA rights, so be with us until the end and find the answers.  

Does The Oldest Child Have The Power of Attorney?

No, the oldest child does not automatically have power of attorney. The authority is granted only if the parents specifically give the oldest child POA rights. If parents haven’t given the right to the elder child but to someone else, the power of attorney belongs to them. 

The person with power of attorney can make decisions on behalf of the property owner. It’s best suited for emergencies, like accidents or medical conditions, allowing the owner to rest without worrying about managing the business.

The person with the power of attorney can work on behalf of the owner and take care of everything. Remember, the power of attorney can be transferred to anyone, including family members, friends or any adult. So it’s not just the “oldest child.”

How Do You Give Power of Attorney To The Oldest Child In California?

The oldest child doesn’t get power of attorney in California by law. However, parents can grant them this authority by following the simple steps outlined below. If you wish to give power of attorney to someone else, you can also use the same method.

1. Types of Power of Attorney

The first step is to understand the different types of power of attorney. There are basically four types of power of attorney. Each type transfers different power in specific situations, so it’s important to understand them carefully. 

• Medical Power of Attorney: This gives the right to manage the business and make decisions when the owner is physically ill or unable to decide.
• Durable Power of Attorney: True to its name, it’s durable and continues to provide power even if the owner is incapacitated.
• General Power of Attorney: This grants broad powers for almost any matter but ends upon the principal’s death or if they become incapacitated.
• Limited or Special Power of Attorney: This is specific and tailored, providing limited powers for particular situations.

2. California Power of Attorney Requirements

To nominate someone as a power of attorney involves meeting certain requirements. For individuals who don’t follow these requirements, their power of attorney documents won’t be considered valid, and the chosen person can’t make important decisions. 

• Age: The property owner and the person to whom they want to give power of attorney must be 18 or older.
• Mental Health: The mental health of property owners should be good. If they can’t understand what’s going on, it won’t be considered valid.
• Signature: The signature of the property owner on the power of attorney papers in the presence of a notary is necessary. 
• Witness: Two adult witnesses must also sign the papers before a notary.

All of the requirements above are the general requirements. There might be or not more requirements depending on the POA type you’re selecting. For instance, real estate power of attorney must be notarised, and the medical POAs should be signed in front of an ombudsman. 

3. Create POA In California

Create the POA documents after figuring out the type of power of attorney. There are many online power of attorney document builders available that can be used to generate the POA for free without hiring an estate attorney. 

However, be cautious. Even though online POA makers are helpful, they’re just tools, and mistakes can happen. To ensure everything is legally accurate, it’s best to consider hiring an estate attorney for this job. 

Does California Require Witnesses For Power of Attorney?

Yes, California does require two witnesses for power of attorney, but there are specific requirements they must meet. Any witness who doesn’t meet the requirements can’t sign the power of attorney paper. 

• Age Requirement: The witness must be 18 years or older.
• Mental Competence: Both witnesses should be mentally competent, meaning they understand what’s happening.
• Agent as Witness: The person to whom you’re giving power of attorney cannot act as a witness.

Conclusion

No, the oldest child doesn’t get the right of power of attorney by law in California unless parents appoint them. To give the oldest child a POA, first consider the types of power of attorney that can be provided, like medical, durable, general power of attorney and so forth. 

Once you’ve selected the type of attorney, make sure to read the requirements. Then, create the power of attorney documents, either with the help of an estate planning attorney or with an online POA maker. 

There’s a lot of confusion about paying property tax and getting home ownership in California. Most people think if someone else pays their property taxes, they’ll get the homeownership legally, which is not true. 

You can become a homeowner by buying tax deeds, not by paying someone taxes. In California, the government sells defaulted property tax deeds through public auctions, and the highest bidder gets the chance to buy the property. 

Below in this article, we’ll answer what happens if someone else pays my property taxes in Northern California and explain the entire process. We’ll also address the difference between the tax lien certificate that other states offer and the tax deeds. 

Property Tax In California

Similar to other states, California requires property owners to pay taxes on their real estate. The regular property tax rate is 1% of the property’s assessed value. If someone fails to pay these taxes for an extended period, there are consequences.

The bigger and more valuable your property is, the more you’ve to pay the taxes. The taxes you pay go to the government and contribute to government service, municipal employer salaries, infrastructure and land construction, recreational services, and so forth. 

What Happens If You Don’t Pay Property Taxes? Tax Lien Certificates Vs. Tax Deeds

In the USA, two things happen when someone doesn’t pay property taxes. First, the government can sell tax lien certificates, and the second option is tax deeds. Since the California govt doesn’t sell tax lien certificates, your property will end up with tax deed options. 

In simple words, tax deeds are legal documents that transfer property ownership to govt. But it only happens if the property becomes tax defaulted. To help you out, we’ll explain both the tax lien certificate and tax deeds. 

1. Tax Lien Certificate

A tax lien certificate doesn’t give the right to ownership right away. The property owner has the time to redeem the tax lien certificate by paying the investor back. The payment includes the value of the certificate, the additional fees, and interest. 

Any owner who fails to pay back to the investor during the redemption period might lose the property. The investor can proceed further with the foreclosure process according to the law, evict the homeowner and get ownership, but this doesn’t happen in California. 

2. California Tax Deeds

According to California law, if a property becomes tax defaulted, the county tax collector can sell the property. This entire process is done in a public auction, where the highest bidder purchases the tax deeds. 

Unlike tax lien certificates, tax deeds involve auctioning. The person who bids the highest gets to purchase the home right away (excluding documentation time). Meanwhile, in the tax lien certificate, the investor only gets the property if an owner fails to pay it back. 

If You Pay Someone’s Property Taxes, Do You Own The Property In California?

You can’t get ownership of property by just paying property taxes, but it’s possible by purchasing tax deeds in California. Once you buy the tax deeds, it takes about 60 to 70 days for the county to transfer the deed to your name, making the property officially yours.

Remember that the process includes a public auction. Almost anyone whose age is 18 or over can bid on the property; the person who bids the highest owns the property. So you must have a big budget to attend these tax deeds auctions. 

How Long Can Property Taxes Go Unpaid In California?

The property taxes can go unpaid for up to 5 years for residential properties and 3 years for commercial properties. If someone fails to pay the taxes in the given time frame of 3 to 5 consecutive years, the government has the right to declare the property tax defaulted. 

When a property becomes tax defaulted, the county tax collector takes action. The government sends official notice to the homeowner to pay the taxes and warns of a public auction to sell the tax deed if payment isn’t made. 

Conclusion

The answer to what happens if anyone else pays my property taxes in Northern California is – nothing happens. Paying someone taxes doesn’t make a person the property owner, but you’ll become the owner if you purchase the tax deeds in the auction. 

The person who offers the highest bid in the auction gets the tax deed ownership. After bidding the highest, you have to wait for about 60 to 70 days so that the county can do all the paperwork. For more info, you can contact our estate planning attorney.  

A living revocable trust is the best way of leaving property for the loved one. With a revocable trust, your beneficiaries don’t have to go through a long probate process, which is also costly because of hiring an attorney. 

The only problem is there’s a lot more confusion about which assets can and cannot go into a revocable trust. Due to this confusion, many individuals don’t go towards selecting the trust option and choose the will. 

Luckily, we’re here to provide clarity on the matter. Here’s a detailed list of assets that can and cannot be placed in a revocable trust. By understanding the info, you can make the lives of your beneficiaries easier. 

What Assets Can Be Placed In A Trust?

Let’s come to the important part of the article: the list of assets you can easily put in the name of your trust. After transferring the ownership of assets to the trust, the property will be under the trustee’s name. 

1. Bank Account

It’s not possible to put cash in the name of the trust. If you want to leave some cash, the best way to do so is to leave the cash in the bank account (savings account, checking account, safe deposit boxes, etc) and transfer the ownership right to the trust name. 

2. Real Estate 

Adding real estate (house or lands) on the trust name is a wise decision, especially if your real estate is in a different estate. By adding real estate to the trust name, you’ll ensure that beneficiaries don’t have to go through the probate process in each estate. 

3. Investment Assets

If you’ve investment assets like stocks, bonds, or mutual funds, they can be smoothly placed in the trust. To do this, you need to fill out the stock power document. This legal document is used to transfer the ownership of stock or investment assets to someone else. 

4. Insurance Policies 

Not many individuals know, but their life insurance policies can also be put in the trust’s name. This is one of the best decisions you can take for your family as it saves the insurance money from all creditors. 

5. Personal Items 

If you own a rare art collection, jewelry, or any tangible property like furniture, electronics, or even clothing, you can transfer to trust. For this, create a transfer document listing all items you want to give to someone (nominate beneficiaries) and transfer it to the trustee’s name. 

6. Business 

It’s also possible to transfer your business in the name of the trust for an easy transfer of property ownership. To make this happen, you’ll need to complete the necessary paperwork to transfer the ownership of your shares to the trust.

What Assets Should Not Be Placed In A Revocable Trust?

Here’s the list of assets that can’t be placed in a revocable trust. Besides the list, no property outside of the United States of America can be transferred to the name of the trust. So, if you have one, discuss the ownership transfer process with an estate planning attorney. 

• Cash: It’s not possible to put cash into the revocable trust. However, if you want to do this, the legal way is to create a bank account, deposit money and transfer the ownership right of the bank account to the trustee’s name. 
• Medical & Health Saving Account: Similar to cash, medical and health savings accounts can’t be transferred in the name of the trust. These accounts are already tax-free, as per law, and no one can transfer them to a living trust. If you’re worried about the assets, you can add your trust name as a beneficiary to distribute them after you pass on.

Apart from cash and medical and health savings accounts, many things are considered that they cannot be placed in the revocable trust. For instance, certain retirement accounts (401-K, IRA, 403-B) and vehicles. 

The truth is both the retirement account and the vehicles can be put in the name of the trust. However, trust planning attorneys and experts don’t recommend it because putting them in the name of trust has more cons than benefits. 

What Happens To Property Not In A Trust?

Property that’s not in the trust, such as a home, bank account, investment account, personal items, and pretty much everything else, goes through a legal process called probate. If there’s a will, the court follows its instructions to distribute the property among the beneficiaries.

However, when there’s no will, the court makes decisions based on inheritance laws. In such cases, the property typically gets transferred to the deceased person’s family, including the spouse and children. 

It’s worth noting that probate can be time-consuming and expensive. A well-organized estate plan with a trust can simplify the distribution of assets, sparing your beneficiaries from unnecessary complications.

Conclusion

The list of assets that can and cannot go into revocable trust is simple. Most things like bank accounts, real estate property, investment assets, insurance policies, personal items and even business can be put under the name of a revocable trust. 

Apart from the list, you can add vehicle retirement accounts, but estate planning experts don’t recommend them. For more information and a detailed explanation of why it’s not recommended, it’s best to contact our trust attorney. 

The original copy of the will is crucial for the probate process. According to the law, the executor must submit the original will and other documents for the probate case hearings. Without having the original copy, all other copies will be considered invalid. 

The tricky part is many executors only have a copy of the will. And since the person who owned everything is no longer around, finding the real will becomes a big mystery. Lucky for you, we’re here to uncover the truth about where that original will might be.

We’ll answer some important questions:

• Do lawyers keep the original copies of the will?
• What if there’s no real will – what happens then?
• How do you handle probate cases without the original will?

Let’s solve this mystery with facts!

Do Lawyers Keep The Original Will?

Yes, most lawyers keep their clients’ original will, but it’s not always guaranteed. Many lawyers give the original copy to their clients, and if they don’t, lawyers usually dispose of all past documents after a specific period, like 5 years, 10 years, etc. 

Lawyers who hold onto the original will often do so for specific reasons. Sometimes, clients request them to keep it safe. Additionally, there’s a likelihood that the deceased person’s family might approach the lawyer when they need the will. 

When the family or the person in charge of the will shows up, they might hire the same lawyer for the probate process. So, it’s all about keeping things safe and being ready if the family needs help.

What Happens If The Original Copy of A Will Is Lost?

As we said, it’s not a sure thing that a lawyer will keep the main copy of your will, and they’re not required by law to do so. Sometimes, lawyers misplace the original will, whether due to a fire or moving to a new office.

If you’re missing original will, filing the probate case can be difficult as it’s a required document to check the authenticity. In many states, no original will means the deceased person has canceled the will and destroyed the original copy.  

In these situations, your case comes under the laws of intestacy. The court follows state laws, not what’s in the other copies of the will. If there are two kids, the estate gets split equally between them. 

What Happens To Your Will If Your Lawyer Dies?

If your lawyer is part of a bigger firm and the deceased person has been in touch with them, the original will likely be safe. Larger firms often have secure places, like fireproof safes, to store important documents, including wills.

So, even if your lawyer dies or retires, the original will and other documents should be secure. However, we can’t say the same for lawyers who work individually. In some cases, the team or family of the lawyer sends the documents to the family, but not always. 

It’s a good idea to contact the lawyer’s office and team to find out whether they still possess the original will or not. If not, you should also try to find the will in other places like the office room of the deceased or a safe deposit box. 

What Do You Do When You Can’t Find The Original Will?

Once you’re sure there’s no original copy of the will, you should move towards the next step, which is a bit of a difficult and long process. You have to prove that the copy of the will you’ve is an accurate representation of the deceased person’s intentions. 

For this process, the executors must submit an affidavit, along with the will copy. An affidavit is an oath or affirmation confirming that the copy of the will is the final wish of the person who died. Ultimately, it’s up to the court to decide whether to accept the will or not.

If the court deems your will invalid, it means there’s no legally recognized will, and the case will proceed according to state law. All property will be distributed among the legal beneficiaries, such as the wife, son, daughter, etc.

Conclusion

In short, yes, lawyers keep the original copies of the will. It assures that in the future, clients will come again and also  to keep it safe. However, they also destroyed the old documents after a specific time, as many firms do after 10 years of no contact. 

If you find yourself without the original will, reach out to our team of estate planning lawyers. We’re here to help you with any questions or needs you may have. You can also schedule a free consultation with our attorney. 

Writing a will is an important process for anyone who has assets. The issue is that individuals often think that it’s not legal to write a simple form of a will without consulting a lawyer. In reality, it’s not true. 

You can write a will without paying a hefty fee to the lawyers. However, the process needs your full attention; you need to understand what you should add and exclude from the will. Your one mistake can create a big problem in the future. 

That’s why we’re to help you out; we’ll answer: can you write a will without a lawyer? Will the court accept it? And if yes, what is the simplest form of a will that you can write? So, let’s find out how you can get started with documenting your wish about the inheritance. 

Can I Write A Will Without A Lawyer? Legal Point of View 

Yes, writing a will without a lawyer is possible, but there are a few important requirements. First, the will must include all necessary details. Second, you should also fulfill certain criteria to qualify as a legally competent individual capable of creating a will.

• Your age must be 18 years old. Anyone who’s not 18 can’t write a will. 
• It is important to be of sound mind when creating a will. 
• Your will should be detailed, with information on who’ll inherit and what property. 
• Lastly, the signature of two witnesses is essential. 

If you think you meet every criterion, you must make one important decision about which type of will you want to write. Do you want to use online will-maker tools or write a handwritten will (holographic will)? 

Although we suggest you write a will in digital format using a proper template, there’s nothing wrong with writing a handwritten will. But before you opt for holographic will, ensure it’s legal in your state; if not, you should use digital formats. 

What Is The Best Form of Will? The Writing Process

No matter what type of will you’re considering, there are some requirements you must follow. The will must be written professionally with all necessary details. For your help, we’ve devised a brief guide below about what should be added in a simple form of will. 

Write Brief Introduction

The will should start with a brief introductory paragraph about you. It’s important to add information such as your last will, your correct name as per the ID card, and your current address, including the city and county. 

Include Executioner’s Name

The next important point is to mention the executioner’s name. The executioner is the person who’ll handle the inheritance case and make sure it goes to the rightful owner. This person can be your family member, friend, lawyer or anyone you trust and is at least 18 years old. 

Details About The Heir

The third part of the will is about who will inherit the assets (Heir). Always remember to be transparent and specific. Write the name of the person and the property you want to give. You can also state that you want to share the property equally among all your kids.

Add Necessary Clauses 

You should also add clauses in your will. For instance, you can add who’ll inherit the assets if the first nominee dies or what will happen if the organization you want to donate isn’t there anymore. These clauses make the will thorough and adaptable. 

Details About Debt & Taxes 

Don’t forget to add details about debt and taxes. This means stating if you owe money and how you want it to be paid. Also, mention what you want to happen with taxes. This helps the people in charge follow your wishes and make things easier.

Signatures & Notary Seal

In the end, it’s mandatory to add witnesses’ signatures and a notary public seal. Without the signature and seal, the will won’t be considered valid. Remember, the number of witnesses depends on your state, so follow the law accordingly. 

5 Common Mistakes To Avoid While Drafting Will

Here are the five common mistakes that most individuals make while drafting a will. These minor issues can lead to the point where your will won’t be considered relevant. So, read all these points and ensure you don’t repeat the same mistakes. 

1. Forgetting Testator Signature: Testator means the person who made the will. It’s important to add the testator, which means your signature in the will. Otherwise, it will be considered invalid will. 
2. Failing To Notarize Will: Notarization is the process of attesting a document by a notary (a state-appointed official). If you forget your will to notarize, no court will accept it as a legal document. 
3. Adding Wrong Details of Assets: While writing a will, make sure to add all your asset details correctly. Adding assets that are not yours anymore, or you’ve already assigned them to any other family member, will lead to confusion. 
4. Beneficiary As An Executioner: Never appoint any family member or anyone as an executioner if you’ve added them in your will as a beneficiary. If you do that, the executioner will automatically lose the right to be a beneficiary. 
5. Being Not Specific: Be specific about who’ll inherit the property. If you have step-children and want to include them, add their names alongside the biological children to avoid confusion. 

Conclusion

To sum up, yes, you can write your will without the help of a lawyer. The only requirement is the will must be written according to the law. It must have important parts like a brief introduction, executioner name, beneficiary details, necessary clauses, notary seal and witness signatures. Leaving any one of the important details can lead to serious consequences. This is why we suggest you review your will with a lawyer. For this purpose, you can hire our last will and testament lawyer, they’ll make sure everything in the will is according to the law.

Everyone knows a will is a legal document that outlines the details of a person’s final wish about who’ll inherit their assets after death. But what about the further legal process? How the beneficiaries will get notified and receive the inheritance – that’s the concerning topic. 

Not everyone knows the legal ins and outs of how this process works and how long it takes after someone passes away for their will to be read as per the law. That’s why we’re here; this guide is all about what happens after someone leaves a will behind.

We’ll address important questions that will help you understand the probate process and how long after death is a will read? What happens when your name comes in the will as a beneficiary?  

How Long Does The Executor Wait To Read The Will?

Before we go further, we want to clarify one important thing: there’s no such thing as an official reading of will in front of all family members. This only happens in movies and TV shows because the writer wants to show the feelings of family; that’s it. 

Hence, if you’re waiting for a TV show type of reading after the funeral, it will never happen. The real-life scenario is quite different because, according to the law, the only one who can read the will is the executioner. 

No one in the family is entitled to know what’s written in the will unless it becomes public. You can only know about the will if you’re beneficiary, and that is also only about what you’ll receive, not others. 

How Will You Be Notified If You’re Named In A Will?

Once the person dies, the executioner reads the will and, for further process, submits it to the probate court. The probate courts are basically part of a judicial system that only deals with the issue of estate and wills. 

When the will goes to court for approval, all beneficiaries will be notified legally about the content of the will. This is the time when the beneficiary can challenge the will if they think it has been corrupted or it’s not the right one. 

How Long Does It Take To Receive Inheritance From A Will?

The time of probate cases depends on how complicated things are. Generally, it takes up to 12 months, at least in simple cases where the assets and debts aren’t much. However, the process will be longer if the person who passed away left multiple wills. 

The probate court will check the validity of all wills and decide which one is legit and needs to be followed. Besides the multiple wills, the bigger the assets, the more time it will take, as there will be creditors, legal issues that need to be taken care of.

Also, if any beneficiary contests the will, the court process will be longer. In short, the time it takes to receive an inheritance is based on how complex the case is. You’ll get the inheritance within a year if the case is simple, and the process will be long if there are legal disputes. 

Who Keeps The Original Copy of A Will?

If the person who wrote the will (testator) is alive, then the original copy will be safe with him. However, when the testator dies, the original copy of a will goes to the executioner, who is often nominated by the testator. 

Anyone can be the executioner of the will: the wife, son, daughter, sister, brother or any family member. The testator can also choose someone outside the family, like a probate lawyer, friend, or anyone whom they trust. 

When Can You See The Copy of The Will?

Legally, the person who can read and keeps the original will is the executioner. No one is entitled to read or get the will in the family or friends until the court validates it. The executioner will file a case in the probate course and notify the beneficiaries. 

The court will check the will and decide accordingly who’s the real beneficiary. Once the case ends, the executioner will submit the will to the probate registry, and it will be available for everyone, and anyone can see or get a copy. 

Conclusion 

To sum up, there’s no such thing as “will reading,” nor should you wait for it. The entire family sitting in a living room and the lawyer reading the will is just a made-up scenario supported by all movies and TV shows. 

In real life, the executioner gets the will and submits it to the probate court for validation. Afterward, you’ll receive a legal document (if you’re a beneficiary) about the court process. The court will probate the will and distribute the property to the beneficiaries. 

If your loved one has left you an inheritance, you should learn about speeding up the probate process. It’s the entire process in which a deceased person’s assets are distributed to the heirs and beneficiaries according to the deed. 

The issue is it’s time-consuming, a lot more than you think. Sometimes, it even takes more than a year, especially if you don’t navigate the process properly. But don’t worry, as this won’t happen to you. 

Below in this guide, we’ll provide you with six practical tips to help speed up the probate process, allowing you to access your inheritance sooner and with less hassle. So, let’s get started!

How Long Does Probate Take?

Probate is a longer process, usually taking six months to a year or even more, depending upon the complexity of the will. The entire process consists of different steps, starting from filing a petition for probate. 

Sometimes, families don’t file petitions immediately, as the loss of a loved one can delay the process. Although it’s understandable, we suggest filing the probation petition in the first month after the death. 

It’s because after filing the petition, sending notices also took time. In addition to that, factors such as the complexity of the estate, the presence of disputes, and the availability of necessary documentation can all influence the duration.

How To Speed Up The Probate Process After Death? 6 Practical Tips 

Now you know how long the probate process takes, usually six months to a year or more in case you don’t follow the process in the right way. To help you out, we’ll share six tips to guide you on what you can do and how it will help. 

1. Understand The Process 

First, understand the process; without it, you won’t be able to work efficiently. It’s important to note that probate cases fall into two primary categories: those in which the deceased person left a will and those in which no will exists. 

In cases when the will exists, the process of transferring inheritance becomes faster. However, in other cases, the law of inheritance transfer will be applied. And if someone in the family disagrees and goes to court, it can take much longer. 

2. Get A Death Certificate 

You must know that in every step, whether it’s about filing the petition or sending notices to all parties, you need a death certificate. Death certificates serve as official proof that the person has passed away. 

If you don’t have a death certificate, the process of probate will be longer. To save this time, gather the hospital documents and apply for the death certificate in the local govt department. In California, the CDPH department issues the death certificate. 

3. Collect Details About Inheritance 

Till the death certificate comes, it’s a good idea to collect details about the inheritance. This includes identifying the various assets that the deceased person may have left behind, such as property, businesses, cars, and more.

Besides the property details, do research about the debts the deceased might have left behind. It’s important because all outstanding debts will need to be settled from the estate’s assets. Take the time to document these details and store them in a safe place.

4. Discuss Case With An Attorney 

Once you gather all the documents and the info about the estate, discuss the case with your attorney. This step helps a lot as not everyone has knowledge of the complexities of law and probate cases. 

Your attorney will guide you about the upcoming process, like what you should do when you file a probate petition. Apart from consultation, you also have the option to hire an attorney to handle the various tasks involved in the probate process on your behalf. 

5. File Probate Petition 

The next step is to file a probate petition in the court. You can easily do this with the help of an attorney; just make sure you have all the documents mentioned above to save time. Remember, the sooner you file for probation, the better it is for your case. 

After filing the probation petition, send notices to everyone as soon as possible to avoid delay in the case. This includes all parties that are involved in this case, like all beneficiaries, the family of the deceased and so forth. 

6. Avoid Possible Lawsuits 

If you follow all the tips above, the process of a probate case will efficiently speed up. However, there’s one exception, which is lawsuits. Oftentimes, family members who disagree with the contents of the will may choose to initiate legal actions.

In this type of situation, the probate process can take a long time because legal disputes can be time-consuming and complex. You can avoid these possible lawsuits by solving the issue outside of court or before filing for probate. 

Conclusion

We’ve answered your question about how to speed up the probate process with six tips. All of these tips are important to follow. Don’t pick and choose a few tips because it will end up making your probate process more difficult and longer. 

If you want to wind up the probation case more quickly, we would suggest you hire an expert probate lawyer. You can hire from our CPT (California, Probate, Trust) law firm or any other lawyer firm you trust but don’t forget we offer one free consultation. 

Many individuals think that the estate (property, savings, and almost all inheritance) they left behind for the family or relatives is safe. The reality is you’re wrong; it’s not as safe as we all assume. 

Sometimes, people steal from your estate, which includes all the stuff you leave behind when you pass away. Remember, anyone can be a thief, including a family member, relative, friend, or even legal staff with access to your property. 

Now the questions are, what happens if someone steals from the estate? What are the consequences, and how can you make sure the estate is safe? Don’t worry, as we’ll answer all of these questions below one by one. 

Can Someone Steal From The Estate?

Yes, it’s possible for someone to steal from the estate left behind by someone who passed away. This stuff includes everything they owned, like houses, money, savings, and other valuable things in inheritance. 

All of the inheritance legally is supposed to go to the people the deceased wanted to give it to, like family or friends, as per their wishes or the law. To do this, thieves use tricks, legal loopholes, and sometimes even create a fake will. 

The good thing is there are ways to protect the inheritance from this fraud. You can also get help from the legal authorities by filing a case in the court against the accused. We’ll explain everything below in detail! 

What Can Be Stolen From A Decedent’s Estate?

The first important point you should be aware of is what can be stolen from a decedent’s estate. This will help you understand what things you should protect first in case you’re the legal nominee of the will. 

• Money: Cash, bank accounts, and investments.
• Valuables: Valuable items like jewelry, art, and collectibles.
• Stuff: Everyday things like furniture, electronics, and cars.
• Important Documents: Documents like wills, deeds, and financial records.

You should also be ready for some sneaky tricks. For example, someone might pretend that the person who died owed them money. They could also create fake wills with made-up inheritances, which are basically lies. 

Besides that, we’ve also witnessed cases of destroying the real will, so instead of following the person’s wishes, the law decides what happens to everything. This mostly happens when the nominees aren’t from the family. 

The Consequences of Stealing From The Estate 

So what happens when someone steals from the estate? Well, there will definitely be legal issues, but how severe they will be depends on the trouble they’ve caused. However, here are some potential outcomes:

• Legal Trouble: The thief may face fines, probation, or jail time.
• Repaying Stolen Assets: The court might order repayment for stolen assets. 
• Civil Lawsuits: Beneficiaries can sue, leading to more penalties.
• Criminal Record: Conviction leads to a criminal record, affecting future prospects.
• Reputation Damage: Family and community trust can be harmed.

What To Do If My Inheritance Was Stolen?

You can follow a few steps in case a thief has stolen your inheritance. Bear in mind to follow these points; you must have money because everything revolves around lawsuits for which you need to hire an attorney. 

1. Contact Police 

If you think someone has tried to steal from the estate or has been successful in the attempt, contact police. It’s the most vital step because the police will create a detailed report about this theft incident. 

Once the fraud report is filed, the investigation around your case will begin. The police will work to gather evidence, interview witnesses, and take necessary actions to uncover the truth behind the theft.

2. Gather Proof

Don’t rely completely on the police; try to collect evidence about the incident. Find documents like a will, financial records of the property, or anything that can help. Do this while maintaining a low-key approach; the police may not appreciate your involvement in the investigation. 

The moment you find any relevant proof related to the case, go to the police and make sure they know about it. Doing this will make finding the thief easier, making the case stronger and improving the chances of winning in court. 

3. Hire An Attorney 

During this entire process, don’t forget to hire an attorney. It’s the next crucial step as an attorney can be like a helpful guide throughout the process. They’ll tell you what you can do legally and help you make your case stronger.

Keep good records of everything you do, like police reports, legal stuff, and any talks with the person who took your stuff. Try to find out whether there was any insurance coverage for the stolen estate. If yes, contact the insurance company to seek compensation. 

How To Protect Your Estate? Step-By-Step Guide 

After getting your estate back, ensure you don’t make the same mistake that can help thieves steal the property. Here are a few things you can do to protect the estate so it goes to the right person after your death. 

1. Create A Will: Make a clear and legal document with the help of your legal team that says who should get your property when you’re gone.
2. Add More Executioner: Select more than one executor to make sure your wishes in the will are carried out correctly.
3. Organize Your Records: Keep everything about your money and belongings in order and inform about a trustworthy individual.  
4. Share Everything With Your Well-Wisher: Tell someone you trust about your estate plans. This way, they can help execute your will. 

Conclusion

Make sure the person who steals from the estate gets deserving punishment from the court. Report the theft incident, work with the police, and seek legal help from a good attorney and court if needed. 

You can also seek help from us by consulting your case free of cost (Yes, we offer free consultation). We at California Probate & Trust (CPT) have attorneys who are ready to assist you in your estate matter.