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Understand the typical proceedings of a probate. All types of property make up an estate. Read more. Find out whether probate will be necessary for a loved one's estate. Our goal is to give you information that guides you in the right direction.
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What is a Last Will and Testament?

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Last will and testament details what the individual who created the will wants to do with their belongings and assets when they have passed away. The record or paper of a last will specifies the parties whom the individual wants to allocate their belongings to, and which particular assets, as well as much more.

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What belongings can a will allocate?

The assets, land and belongings that a will can distribute to individuals are listed in the California probate code. According to § 6101, the belongings, assets, land and the like that can be allocated are the assets and belongings which specifically and individually are owned by the individual who created the will.

Other assets that can be allocated include:

  • 50% of the belongings which were in the individuals in a California marriage
  • 50% of the belongings that are owned in a marriage in which assets were obtained before or following the individual living in CA

How can a will be invalid?

There are a few ways that a will can be considered void or invalid. For example, §6104 of the probate code in California outlines that when the will is carried out as well as repealed, if it got acquired through illegal means such as one of the following, it becomes void:

  • Coercion
  • Threats
  • Violence
  • Scam
  • Deception
  • Unjustly using authority to sway an individual

This applies to the whole will as well as portions.

Contact a Los Angeles Probate Office

The pressure and contemplation of a will can be distressing. If you hire a probate attorney, they will be able to aid you in creating a last will, and what to include in the will. At our offices, we have a caring, sympathetic and accomplished team of professionals that can assist you legally. To learn more about the legal service we can provide you, call our office and fill out the available case evaluation.

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The Law Offices of David A. Shapiro - Los Angeles Probate Attorney
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