If there is a will why probate
[DOC File]Probate Guardianships of the Person - California Courts
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There are several avenues for determining custody of unemancipated minor children. These avenues include adoption, a dissolution of marriage case, a domestic violence proceeding, a paternity action for unmarried parents, a juvenile court dependency or delinquency action, a conservatorship action for gravely disabled minors, or a probate guardianship.
[DOC File]WHERE THERE IS A WILL
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If there is a formal probate proceeding, everything must be court supervised. If any interested party demands supervised admin, the probate court supervises the PR. All of these requirements are state law driven. CLOSING THE ESTATE. Avoiding probate all together is not a bad idea.
Do All Wills Need to Go Through Probate? | legalzoom.com
The probate tax does not apply to assets that pass automatically upon death including assets held jointly with right of survivorship or assets, such as life insurance and retirement plans, for which there is a designated beneficiary. The potential probate tax savings, as a general rule, do not make the case to use a living trust rather than a will.
[DOC File]trusts and estates outline - NYU Law
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There are many conflicts of interest arising from duties to clients and their intended beneficiaries. Simpson v. Calivas (NH 1994) Probate court did not admit notes taken by the defendant (attorney) that read: “House to wife as a life estate remainder to son…remaining land…to son”.
[DOC File]WILLS, TRUSTS AND ESTATES OUTLINE
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a. Uniform Probate Code § 2-210 Intestate Estate (p. 27-28) If there is no will, then property passes through the rules of intestacy. A testator may by will expressly exclude or limit a decedent from receiving property through intestacy. § 2-102 Share of Spouse (p. 29) Surviving spouse receives:
[DOC File]WILLS AND TRUSTS - Santa Clara Law
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The legal standard is necessary or convenient. (Probate Code § 1514(a)) when there is no opposition. The legal finding is whether return of the child to the parent would be detrimental when a parent objects and that the guardianship is in the best interest of the child. (Probate Code § 1514(b)).
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