You may be wondering why you need a probate. What is the reason for a probate? When is it required? Might you have a question in your mind do I have to go to the court? How do I find the Temecula probate attorney here! There must be many questions in your mind about probate cases. Here is an answer to them. Like many people you may not like to attend the court. But it is important that you do. A good lawyer will always advise you to be in the court on time. Once you are on the court, it will help you understand the case better. So, why do you need a probate? Here are the reasons for that.
If the will is invalid
You will have to file a petition for a probate if the will is invalid. Now you may be thinking, who can a will be invalid? What are the reasons for that? A will can be invalid because:
- The person who died was not mentally fit. He was either not mentally competent or was mentally ill. It is why the court will question the will written by him. It is the reason for the probate.
- The next reason may be the will is not properly written. There are many cases in which the will or the living trust documents are not clear. It happens when you do not hire a lawyer to draft a will or a living trust. It is, therefore, important that no matter where you live in CA, Temecula or any other place, you must hire a lawyer. You can file a petition for a probate if the will is not correct.
Another reason for a probate can be a forceful will. The person who died may be under someone’s influence. You can challenge the will with proves and go for a probate. But for this, you will need help from the most reputable probate attorney. One of the most prominent probate attorneys is Steve Bliss. You can find him at, Steve Bliss 41593 Winchester Rd #200, Temecula, CA 92590, United States. You can arrange a meeting in his office or call him at 951-223-7000.
If there is no will
Of course, if the deceased has no will or a living trust then you will require a probate. Even without a will, there has to be a legal method to distribute the assets. This process is called probate. If by any chance, your family member or spouse did not write a will, hire a probate attorney. File the case in the court to claim the assets. Upon success of the probate, you will get the property in your name.
If the deceased is the only owner of the assets
Another reason for a probate is when the person who died is the sole proprietor of his property. There were no partners or spouse, etc. the State will probate the property if the dead person did not have a will or did not mention ownership of the assets.
If the deceased had a joint property
A common property can be a very tough case. The person who died had a partnership with another person. All his assets such as stocks, bank accounts, etc. were owned in a partnership. To claim what is yours, file a probate. Take help from the probate lawyer and file the case. The probate ensures that the property is only distributed to the rightful heirs and not to a business partner.
If there are no beneficiaries
You will need a probate if there the dead person did not designate any recipients. It can happen if all the beneficiaries are also dead. For example, you will have to go to the court for a probate if the successors for the insurance policies, savings accounts, retirement plans, etc. are dead.
These are a few reasons that you will have to go to the court for a probate. Without a lawyer, you will never get success. Without a lawyer, you may end up losing the property. So, find a Temecula probate attorney here! He will help you get what is rightfully yours. You can call on this number 951-223-7000 for more assistance.