Estate planning is not just for the uber rich. Whether you have a small estate with just a few assets or you have a multi-million dollar estate, estate planning and management can benefit everyone. Because every family is unique and has different assets, one plan does not fit everyone’s needs. This makes it all the more important to understand and to take advantage of proper estate planning.
The California probate process
One element of the estate planning process involves the probate process. This process involves the transferring of property after someone dies, determining if a will is valid, and taking care of a deceased’s financial responsibilities after the person dies. Often this process must be completed in court, but sometimes property may be transferred without going to court.
For individuals not familiar with probate, this process can be daunting and overwhelming. The California Probate Code provides an exhaustive list of rules and requirements that must be followed. It is helpful to have an experienced estate planning attorney guide one through this process to ensure that an individual’s assets are adequately protected.
Notwithstanding the complex nature of the probate code and the probate process, one California Assemblyman recently attempted to get California residents more familiar and involved with probate process and the law.
California proposes wiki-style legislation process to amend probate code
This year, one California Assemblyman attempted a progressive approach with respect to the legislation process. Assemblyman Mike Gatto worked to have the first bill drafted in the United States through awiki-style web page.
The process works by allowing thepublic to collectively draft proposed legislation using a wiki, which is an online shared platform that allows users to edit, modify, and propose content. Users can submit a proposed law online and the public can view the proposal to add comments and other changes.
Assemblyman Gatto stated he wanted to focus on the probate process because most people have gone through this process in some respect and can propose “constructive ideas for improvement.”
Recently, California Governor Jerry Brown vetoed the first bill that was drafted and proposed using this novel wiki-style process. The proposed legislation related to whether a court would be permitted to appoint a guardian for a pet after its owner dies.
Notwithstanding that the bill was vetoed, Assemblyman Gatto believes the process worked well, which was more important than the narrow substance of the proposed legislation. Apparently, 41 people wrote or shared comments on the proposed legislation. It remains to be seen if this style of legislation drafting is a viable tool.
Contact an estate planning attorney
If you have questions regarding the estate planning process, our California estate planning lawyers can help guide you through this process. The estate planning process can be overwhelming and confusing, and our attorneys want to help you through this process with effective and streamlined planning.
Contact or visit one of our offices today for a free case consultation. We have offices in San Diego, Los Angeles, and Orange County, as well as throughout Southern California.