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Did the maker of the will sign it under duress and also were they competent to create one at that time San Diego Probate Attorney San Diego probate attorney 3914 Murphy Canyon Rd Suite A202,San Diego,CA 92123.
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No you do not,A will is merely a writing signed by a deceased person In order to get assets transferred out of a deceased person’s name,you will need a court order,hence this is why you go through the probate process San Diego Probate Law San Diego probate attorney As a general rule,in San Diego and most of Southern California,Probate can take anywhere from eight months to two years to complete depending upon the complexity of the case.
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The first step taken at the hearing is for the court to take some basic testimony from the proposed personal representative The Law Firm of Steven F.Bliss Esq.(858) 278-2800.

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The term “Personal Representative” is a global definition for either the executor,who is the person that’s named to administer the will,or the administrator who is nominated and is appointed by the court when a person dies without a will Steve Bliss Law probate attorney ( +1 (858) 278-2800 ).
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You may need to talk to a lawyer to help you figure out who the heirs or beneficiaries are.
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The 2nd file,called a living will,enables you to choose how you want to be dealt with if resuscitation or life assistance is needed San Diego probate law probate lawyer

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That’s what confuses people; they think the existence of a will means there’s no probate,but the fact is,you really can’t do much with the will without the judge’s court order San Diego Probate Law probate attorney (858) 278-2800.
Since your signature is normally required to transfer assets in your name to a third party and being deceased you are no longer able to sign over your assets,the court then steps in and supervises the transfer of the assets and payment of the debts San Diego Probate Lawyer San Diego probate lawyer If somebody dies in San Diego County,the main probate will be filed where the decedent died or where they had their place of residence.
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State law gives some creditors priority over others San Diego probate lawyer

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The court grants the legal authority necessary to administer your estate to your executor if you have a will,or if you don’t have a will,the court will appoint an administrator for you,such as a family member or private fiduciary San Diego Probate Lawyer San Diego probate lawyer ( +1 (858) 278-2800 ).
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This itemizes the assets,liabilities,income and expenses of the probate estate The Law Firm of Steven F.Bliss Esq.San Diego probate attorney

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That sounds a bit complicated but the basic idea is that everything starts and flows around wherever the decedent died Steve Bliss Law San Diego probate attorney (858) 278-2800.
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Accordingly,any of these people or the representatives may choose to appear at the probate hearing San Diego probate attorney (858) 278-2800.
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Losing a loved one is a sad and difficult time for family,relatives,and friends The personal representative should obtain a certified copy of the Letters Testamentary so that he or she can demonstrate the necessary legal authority to handle the estate San Diego Probate Law If the estate is small or the estate can pass to other people through simplified procedures informally,then a close relative,often the person who will inherit most of what is left behind can be the informal estate representative.
If someone had a piece of property in Texas,the San Diego Probate attorney will contact a Texas attorney and have them handle the probate in the Texas county where the property was located,and once that property is granted over to the estate,the it will be probated in San Diego San Diego Probate Law

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It depends There are some ways that do not involve going to probate court Steve Bliss Law probate lawyer (858) 278-2800.
The Law Firm of Steven F.Bliss Esq.probate lawyer A Probate Lawyer works simperingly to get your case through the court framework as fast as conceivable to limit the unfriendly effect on relatives.
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There’s a greater chance (though still a small one) that the estate will owe a separate state estate tax to the state where the deceased person lived or owned real estate San Diego probate attorney (858) 278-2800.
If you are getting separated and your will leaves your partner more than the needed spousal share,you ought to think about altering your will so that your partner is entitled to get just the quantity guaranteed by law.
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Your estate will pass to your heirs under the laws of Intestate Succession via a full probate proceeding San Diego Probate Lawyer San Diego probate lawyer A medical power of attorney is one type of healthcare regulation- that is,a document that set out your long for health care if you are ever too ill or hurt to speak for yourself.
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San Diego probate law The problems with Conservatorships and Guardianships are that they are so heavily regulated that it can be difficult and time consuming to manage and can get very expensive as well.