When the primary breadwinner dies, his or her surviving spouse, domestic partner, and minor children can find themselves without the necessary resources to maintain their current lifestyle. If you find yourself in this position, as a Newport Beach probate lawyer, I can assure you that you do have options.
Under California laws, you have entitlements in regard to a place to live, use of personal property and a family allowance. A family allowance is a court-authorized payment to dependent loved ones of the person who has passed. To receive the allowance, the person must have been dependent on the resources of the deceased prior to his or her death. This can include parents and adult children of the deceased. The allowance can be paid during the Orange County probate process and it can be paid from any asset within the estate. If you are in need of a family allowance, contact a qualified Newport Beach probate lawyer today for help.
Here are a few things you should know about the Family Allowance Benefit:
- A spouse, minor children, or an adult dependent child or a dependent parent of the deceased may be eligible.
- There is often a set time period for the allowance; typically 12 months.
- Known creditors must be notified of the petition for family allowance.
- Any petition more than $1,000 per month must include an itemized estimate of anticipated monthly expenses.
- The petition must also include the estimated gross and net estate and an estimate of unpaid claims.
- Unless the person named in the petition is incapacitated, the petition must list income from all sources outside of the estate as well as the person’s personal property.
If you intend to petition the court for a Family Allowance Benefit, it is prudent to find a Newport Beach probate lawyer who is skilled in probate and trust administration and experienced in assisting families in this way. If you live in the Orange County area, contact our office today at (949) 260-1400 and schedule a consultation.