Best Probate Lawyers in Whittier

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Whittier, California?

  Dial (562) 567-9200 to reach the Whittier Police Department for non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Whittier, California?

  To obtain a copy of a police report for an incident in Whittier, you can visit the Whittier Police Department Records Bureau at 13200 East Penn St, Whittier, CA 90602, or call the records line at (562) 567-9131. The designated contact person for the Records Bureau is Gloria Chavez, the Whittier Records Supervisor, who can also be reached at (562) 567-9150 or gchavez@cityofwhittier.org.

• What legal protections exist for a surviving spouse in Whittier if the decedent left no will or intended to disinherit them?

  In Whittier, California, a surviving spouse is guaranteed half of all community property, regardless of the deceased spouse's estate plan or lack thereof. However, if the deceased spouse had a will that specifically leaves all of their community property to someone else, the surviving spouse would not be entitled to half of the community property. The surviving spouse also has the right to claim an elective share, which is a portion of the estate that the surviving spouse is entitled to regardless of the deceased spouse's will. The elective share is not always necessary, but it can be an important tool for protecting the surviving spouse's interests.

• How can underage individuals in Whittier possess assets, given their legal incapacity to directly own them?

  Under California law, although minors in Whittier can't directly possess assets, they can through their guardians. For instance, a joint bank account with their adult guardian enables them to own assets. Moreover, they can be a beneficiary of a trust, typically created by parents while the child is underage. Trust shares are usually retained until a specific age. An alternative method includes a Uniform Transfer to Minors Account, which keeps the funds until they turn 18.

• What is joint tenancy, and what are the requirements to establish one in Whittier?

  Joint tenancy is a prevalent form of co-ownership often leveraged by spouses as an effective tool for estate planning. It involves the fundamental principle of survivorship, which means when one spouse passes away, the property interest seamlessly transfers to the surviving partner. To establish a joint tenancy in Whittier, four elements must exist simultaneously: equal stake in the property, acquisition at the same time, identical title source, and equivalent rights to possession.

• What are the guidelines for creating an international will in Whittier?

  To draft an international will in Whittier, you must follow the guidelines of the Uniform International Wills Act and the Washington Convention. The will must be written in a language that you understand, signed by you in the presence of two witnesses and a qualified legal professional, and accompanied by a certificate that complies with California Probate Code section 6384. The will must also be exclusively for you, signed on all pages, and paginated.

• What should be considered when valuing estate assets in Whittier?

  When valuing estate assets in Whittier, the primary consideration should be the fair market value of each asset at the time of the decedent's death. This valuation is significant for determining if probate is required. Following Internal Revenue Code regulations is crucial in this process, given that some assets may have less precise values. Importantly, overlooking proper estate valuation can lead to unexpected federal estate tax liabilities.