The “orphan” or the “deceit” chapter in your California estate planning documents is one of the most difficult chapters to understand. This is because virtually all people who file a California estate plans make errors of some kind. These errors, if undetected, can result in large civil actions and even criminal charges. Let’s examine what it means for a “complex inheritance”.
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Basically, an inheritance is when one or more assets pass from one family member to another. The assets are sometimes transferred in a will or some other legal document. Sometimes, however, a testament to a will does not execute the assets properly. The assets, including personal properties and real property, are then subject to the laws of intestacy. This is where the “complex inheritance” comes into play.
Here, the testator’s estate is considered to contain certain assets which the testator had a prior legal title to. Usually, these assets will be transferred by a testator’s will. However, if there is a conflict, a judge may order that these assets be sold and the proceeds divided amongst the decedents. If the testator’s personal belongings pass to another before the probate is complete, then this is considered a default in the estate and assets are divided accordingly.
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If the testator’s estate does not have enough taxable equity (equity less than liabilities) to cover all of the decedents’ inheritable, then the estate is subject to distribution. Basically, this means that a percentage of the testator’s assets will be distributed to those who are not beneficiaries of the testator’s will. This distribution can take place without any probate and is usually done according to a schedule provided by the California law. Some states allow for more time to distribute the assets than California; other states allow for immediate distribution.
After distribution, there will be tax due on the distribution of the assets. California’s estate planning laws require that all property held by the decedent to be “handed over” to the heirs. Therefore, it is important that the beneficiaries receive fair and just distribution of the assets. The testator’s will often include a provision allowing the trustee to hold property for the decedent’s dependents.
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When the distribution of an estate is a part of a decedent’s estate plan, the testator’s estate plan must be filed with the California state government. If the testator’s estate is established as a trust, the testator’s will is required to provide a copy of the plan to each beneficiary. All of the information that goes into the plan is also included in the testator’s will. Therefore, it is extremely important that the distribution plan is in place and that the beneficiaries receive just proportionate share of the estate.
A will can be prepared by anyone; however, if you choose to use an attorney, he or she will need to sign the document as the legal representative of the estate. An experienced estate lawyer will know exactly which provisions need to be included and which. You’ll want to make sure the provision that applies to you will also apply to your beneficiary. For example, most states require that any transfer within the testator’s estate must be done through a court proceeding. This requirement creates some difficulties for individuals who have prepared their own will.
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California’s requirements are designed to make sure that the estate is properly distributed to the beneficiary. If the testator wants to designate a specific individual to make decisions on his or her behalf, the individual may be required to disclose that fact when applying for a settlement or annuity. In addition, if the testator has designated a primary caregiver, that individual may also need to disclose that fact when applying for a settlement. These are simple methods that can help the beneficiary of an estate to keep from having to deal with the complexities of a California plan.
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