Reasons to Hire a California Probate Attorney for Estate Settlement
Although retaining a California probate attorney for estate settlement isn’t a legal requirement, it is a wise idea. The Golden State has very complicated and rigid probate laws. Most people find it nearly impossible to endure estate settlement proceedings without legal counsel; particularly when heirs contest the Will.
People can also hire a California probate attorney to establish estate planning strategies to ease burdens of the settlement process. Several methods are used to keep assets out of probate court so they can be transferred quickly to heirs and beneficiaries.
Probate lawyers are especially helpful in handling estates of people that pass away without writing a Will. This kind of estate is referred to as ‘intestate’ and is more involved because it has to be settled in accordance with California probate laws.
When a person writes a Will they can bequeath their property to whomever they desire. Wills can also be used to disinherit direct lineage heirs or to provide a no-contest statement prohibiting heirs from contesting the document. Without one, estate assets are given to the surviving spouse and other relatives that are entitled under state law.
Nearly all property can avoid probate through proper estate planning. Titled property, such as motor vehicles and real estate, can be gifted to beneficiaries by setting up a joint title. Funds kept in bank accounts can be transferred by establishing payable on death beneficiaries. Financial investments, retirement accounts, and life insurance proceeds can be gifted using transfer on death beneficiary forms.
Estate planning strategies have to comply with California probate code which consists of eleven divisions. Each division includes chapters and parts which are further categorized into over 21,000 sections. Few people have the legal knowledge to understand the vast amount of information, let alone know if they are in compliance.
Is Bankruptcy Filing Better Than Debt Settlement?
With the New Year quickly approaching, Americans can expect to be bombarded by phone calls from debt settlement companies offering them a way out of debt. Because bankruptcy filing carried a negative stigma in the past, most people try to opt out and look for an alternative to bankruptcy. These folks are prime targets for the debt settlement industry. A lot of the negative press about those filing bankruptcy, comes from the credit industry and the debt settlement companies. The majority of what they call facts are only partial truths at best. Looking at it from their standpoint, they believe if they can scare people into not filing bankruptcy that is all the more money that they will get paid back. What they don’t want the individual to know is if they file Chapter 7 bankruptcy they will get nothing, nada, zip. This is why many debt collection companies get militant when they know that debtor is on their last leg. The sad thing is, they know this individual could not afford to pay them anything and yet they would rather see little Johnny go without dinner just so they can squeeze another dime out of this broke individual.
Why debt settlement is touted as being better than a bankruptcy filing is because they say that they can settle all your debts for pennies on the dollar without having to file for bankruptcy. The problem is they can’t promise anything because the creditors are holding all the cards. How debt settlement works is they have the debtor make payments to the company to build up a pot of money for them to negotiate with the individual’s creditors. Since the creditors hold the cards and the debtor is giving the money to the debt settlement company instead of the creditors they have the option of suing the debtor. Now that the credit card is in default, the interest rates and late fees go through the roof. If the creditor sues the debtor and gets a judgment, the creditor will be able to garnish their wages and attach any property that the debtor owns.