Probate Law
When a family member or loved one passes away, the feeling of grief can be overwhelming. Add to that the complexity of going through the legal process while trying to honor your loved one’s wishes and it can feel like one of the most stressful events in a person’s life.
Probate is the court-supervised process whereby the assets of the deceased are managed and distributed. Probate law is complicated and subject to many technical rules. If you are involved in a probate matter, it is recommended that you contact an experienced probate attorney in order to obtain professional guidance and ensure that your rights and interests are fully protected.
Estate Administration
Estate administration is the process by which the deceased’s assets are collected, maintained, and distributed among creditors, heirs, and beneficiaries.
The process begins with an interested party filing a petition to administer the estate in the county in which the decedent lived. The probate court will appoint an estate representative called a fiduciary, who will be responsible for managing the affairs of the decedent’s estate.
If a person dies with a will, the probate court determines if the will is valid and then oversees the administration of the estate by the executor according to the wishes of the decedent. If a person dies without a will the probate court appoints an administrator and the assets will be distributed according to California’s laws of intestate succession.
Without an experienced attorney by your side, the estate administration process can be confusing, lengthy, and expensive. It is important for people dealing with this process to retain the services of an experienced attorney. We can help the appointed fiduciary with all the necessary steps in quickly settling the estate while making certain that your rights and interests are fully protected.
Trust Administration
If a person created a living trust and successfully transferred the assets into the trust during his or her lifetime, then it is not necessary to probate the estate assets. A successor trustee immediately assumes the management of the decedent’s affairs in order to pay creditors and distribute assets to the intended beneficiaries. A trustee has important fiduciary responsibilities that have serious legal consequences.
A trustee’s basic duties are the same as those of the executor of a will, however there is no court oversight or guidance in the process. It may sound simple, but there are numerous steps involved in administering a trust, such as:
- Contacting the beneficiaries;
- Gather, valuing and managing assets
- Notifying creditors;
- Paying debts and taxes; and
- Distributing remaining income according to the terms of the trust.
Because a trustee is a legal fiduciary, there are important legal responsibilities to which the trustee must adhere. A trustee may be held personally liable if he or she acts in a negligent manner by neglecting the legally required steps in the process.
Trustees often lack the time, resources, or knowledge to personally administer the trust and often call upon an attorney for assistance. We can guide you through completing this process and inform you of all your legal duties. There will be much to do, but with our help you can feel confident that you are meeting the requirements under the law, while honoring your loved one’s wishes.
Trust & Estate Litigation
Probate litigation may arise for a variety of reasons. For example, there may be a dispute over the construction and validity of a will or trust. This can be due to allegations of undue influence, lack of capacity, or even fraud. Additionally, there may be disagreements over who should be appointed as the personal representative of the estate (i.e. who will be the executor, administrator, or trustee). Finally, litigation may be required in order to sort out the appropriate distribution of the estate or trust assets.
During probate litigation, parties who are in dispute often enter into a mediation process with a neutral third party who helps everyone achieve an amicable resolution. Mediation is a cost-effective means of resolving disputes. However, some cases cannot be resolved through this process and must ultimately go to trial.
The Law Office of Andrew Brody can handle litigation issues that include:
- Inheritance or beneficiary disputes
- Will and trust contests
- Breach of fiduciary duties
- Lost wills or trusts
- Removal of trustees, executors, or administrators
- Allegations of incapacity and undue influence
- Creditor claims
- Fraudulent transfers
- Asset recovery (California Probate Code section 850)
Seek Help From An Experienced Probate Attorney
Andrew has extensive experience in representing beneficiaries, heirs, administrators, executors and trustees in probate matters. He makes sure to clearly explain the legal steps while also providing caring personal guidance for those facing the loss of a loved one. His goal is to relieve you of the legal burdens during this grieving period so you can focus on the healing process.
To arrange a free consultation, please call us at (310) 425-3505 or Contact Us