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Printable Form 709 Santa Clarita California: What You Should Know
It is not enough to have prepared for probate, though s/he should have an idea of what the probate process is like. It is not worth having to go through the process again if s/he did not prepare properly. Even if the California probate laws in your county differ (in a good way), you won't want to make a mistake on the probate documents, because s/he may not be allowed to file a claim for an exemption on the property. In case you do not file a claim within one year of appointing a personal representative, s/he may be forced to sell the property. If the person dies without heir (without a will), s/he may be able to sue for possession of the probate property. There are a couple of different ways to enforce the claim. If probate is granted but no heir or beneficiary is found, there will be a proceeding in a court in your county to determine who will be the guardian of the estates. The person appointed to enforce probate will have to use it as a bargaining chip for a higher settlement, because many probate judges will not entertain your claim. If you have the means, you can hire a legal firm that specializes in enforcing probate contracts. You can also take a case to try and gain a higher settlement. You should be prepared to lose a trial and have to pay attorneys' fees. But, probate is a very important part of the probate process, so if you are paying attention in the early stages and your claim is valid, s/he may be more likely to enforce it. You can also ask if any family members can be named guardian so that a trust may be set up to administer the deceased estate after probate. If you have any siblings, you can be named as guardian, and their names on the trust document is necessary to ensure that the trust will be separate and distinct from the estate. If s/he has any adult children (or grandchildren) who are not in the home you are trying to sell, they cannot be guardians for the estate, as they are not related to you. If you have a living spouse, a child (who is 18 years old or older) or a grandchild who is living in the home but does not have a living parent, you can be named as living guardian.
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