Welcome to our blog! At Lopez & Wilmert, LLP, we are a team of estate and probate lawyers here to help clients in San Diego County and the surrounding communities.
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We hope that our blog can be a source of information about estate and probate law, in addition to providing you valuable information on the importance of estate planning and how to make sure you’re prepared.
Whether you want to set up your own trust or will, or are in the process of probate following the death of a family member, schedule an appointment with Lopez & Wilmert, LLP today and get the help you need!
What Is Probate Law?
Probate is the process where a last will and testament is proven to be a valid document in a court of law. This ensures that all of the property and assets of the deceased person are properly dispersed according to the intentions laid out in the will.
But the probate process can be filled with many different complexities. While smaller estates can go through probate relatively quickly, larger estates can take longer, sometimes up to years, to go through the entire probate process. Beyond that, if the will is contested or if there was no valid will at the time of the person’s death, then there are other processes that need to be followed to determine how the assets and property will be dispersed.
This is what makes it so important to find an experienced probate lawyer — like the Lopez & Wilmert team — who can help you through the process.
Trusts and Last Will and Testaments
When it comes to estate planning, there are many different ways you can secure and pass on your assets, including trusts, living wills, and a last will and testament.
A living will protects you in the case of a medical emergency where another friend or family member will make health care decisions on your behalf through the power of attorney. In contrast, a last will and testament is a legal document that instructs what should happen to your assets after you pass away. Once that happens, your will is considered in probate to ensure that everything is followed out and all of your debts are paid out.
While a will is taken through probate, a living trust is something that avoids probate. That’s because once assets are placed in a trust, they belong to the trust. So upon the death of the original beneficiary, the trust is passed directly to the next beneficiaries or trustee.
No matter which estate planning option you choose, it’s important to ensure that your assets are properly protected both while you’re alive and once you’ve passed. If you’re ready to start estate planning, contact our estate and probate lawyers at Lopez & Wilmert to get started.
Get Help With Probate Law in San Diego County
Lopez & Wilmert, LLP is here to help San Diego County and the surrounding communities when it comes to estate and probate law. The entire process is filled with many technicalities and complexities so schedule an appointment with our probate law firm today!
Make sure you follow our blog for more information about our estate planning services and how we can help.