One of the things that is absolutely inevitable is death, so the loss of a close family member is one of the hardest events in life, but, as a consequence of this, certain legal processes are opened. they must be cared for despite the time they are in and one of them has to do with something called a testament; in which the person who is no longer leaves in writing, in a specified manner, what their wishes are and in what way their material goods will be distributed, ranging from belongings to houses or even money.
There are different ways to deal with the division of property after a death and everything will depend on who the deceased person is and who is related to you, so here we will talk about three methods that will help you to understand what are the steps to follow and why. Therefore, you will know the results that each of them will bring once everything has been done:
Method 1:Follow the will or seek the most equitable solution:
This case is simple, after the reading of the will by the parties involved there are two clear options that can be administered:
– Follow the will of the person who has left the testament to the letter, so that each person will receive what they should receive according to what is established and the legal process will be much simpler.
– Find an equitable exit by those involved in which, for example, if the inheritance is a house, the result of its sale will be shared equally for all, thus bringing a just solution where nobody loses.
Method 2: Go to the probate court
In this case, the process is a little more complex, because you should go directly to a court that is responsible for executing the wills through legalization processes and therefore, you should seek the advice of an executor who will be the one be responsible for giving you all the necessary information of the laws and the steps you must follow to start this method. The way in which the court handles this process will depend on many variants, but there are specialist lawyers or places like the office of the secretary of the local court where they can give you the guidelines to follow.
Method 3: Explore alternatives
Within this method, several alternatives appear which will depend directly on the laws and regulations that govern the state in which you are or in which the will was written, so the options you may have are subject to what type of restrictions or processes are made. An example of this could be California where the assets inherited by a surviving spouse can simply be claimed through the filing of a petition for property of the domestic partner, all this if there is nothing specified within a will.
“Children must be heirs of households, not of humans.”