What is Probate Litigation?
Are you looking for a Tracy will lawyer? If so, you might have questions about avoiding probate and probate litigation. Probate is the common legal process of transferring a person’s property and assets after their death. In most cases, even if there’s a will probate is still a necessary formality. Although these customs and laws have changed over time, the purpose has remained much the same.
People often leave behind a will, making clear their intentions as to the transfer of their belongings after they’re gone. This is where a Tracy will lawyer can help you create a legally-binding document that stands up in court. Because of this, the process is usually fairly straightforward. The property is collected, debts are paid from the estate, and then what remains is distributed. But sometimes it’s not that simple.
When is Probate Litigation Needed?
In general, probate litigation is needed when there’s a dispute. This can be a conflict over how distributions are made, or who handles the estate. It includes legal challenges when someone has passed on, such as cases involving wills, trusts, estates, asset disputes, joint bank accounts, and gifts. Or, anything else that families can fight about when a loved one dies.
What if it’s Contested?
Remember, the probate process may be contested or uncontested. A good Tracy will lawyer can help you prevent these kinds of disputes. Most contested issues arise because a disgruntled heir is seeking a larger share of the decedent’s property than he or she received.
The majority of estates, however, are uncontested. Most matters that are handled by probate courts, like admitting wills and assigning executors, are standard and go off without a hitch. But the process can seem confusing without legal guidance.
Any legal contest that arises due to a person’s death or mental incapacity will be filed in a probate court. This is categorized as probate litigation. Unfortunately, sometimes this process involves lengthy court battles. It’s not uncommon for families to disagree over important issues.
Here are a few common examples:
- Challenges to the validity of a will
- Guardianship issues
- Conflict over who will manage a trust: trust modification or reformation lawsuits
- Second marriage cases where two families are left behind
Avoiding Probate Litigation
As you can probably imagine, conflicts like these often create long-standing resentments between family members. Not only do disputes over property and assets create bitter resentments, but these court battles are also stressful and costly, especially when they drag on.
Of course, this isn’t the legacy you want to leave behind, so it’s best to work with an estate planning attorney who can help with your estate plan.
Tracy Will Lawyer
Do you need an experienced Tracy estate planning lawyer to guide you through the process? At Lewman Law, we’ve been protecting families for over twenty years. Please contact us for further information and assistance. The office can be reached at (925) 447-1250. You can also view testimonials by clicking here.
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What is the Probate Process?
Probate is a process supervised by the court for sorting and authenticating assets left after someone dies. The process ensures the properties are evenly distributed to the creditors and inheritors. It is a daunting process that is full of challenges in case a lawyer is not involved.
Most chosen executors are ever overwhelmed by handling this complex and lengthy process. It includes:
Validating the Final Will
The estate planning attorney has to validate any testament or will of a deceased. Therefore, anyone who might have the will is required to visit the probate court and file it at the right time.
Appointing the Executor or a Personal Representative
Tracy will lawyer a personal representative to oversee the probate litigation and settle the property.
At times the executor is needed to post a bond, an insurance policy to protect the estate in case of any losses. However, some will do not require the bond. For such, it all depends on the judge.
Identifying the Assets
Here, the probate lawyer will locate then take possession of all the deceased assets to secure and protect them.
Defining Date of Death Charges
The executor is needed to determine the date of death rates for the lest estates through account appraisals and statements.
Identifying and Notifying Creditors
The probate lawyer will now alert the decedent’s creditors on the death. Some executors publish the information in the newspaper to notify other creditors.
Clearing the Deceased Debts
In the case of debts, the creditors’ claims are paid. The probate lawyer pays all the deceased bills and debts using the assets funds.
Preparing and Filing Tax Returns
After the final debts are settled, the executor now files all the deceased the tax returns for the time they passed on.
Dividing the Remaining Estate
After all the above guide is followed, the probate lawyer petitions the probate court for a permit to distribute the left assets to inheritors named on the will.
Close the Estate
After everything is distributed, records, and receipt to the probate court, the estate is closed.
At Tracy law, we have probate lawyers that will take you through the probate litigation. They make a comprehensive plan designed to help your family in the future. Their services uncomplicated the probate process.
In case of any matters related to the probate process, call our professional and compassionate team at Tracy law estate planning attorney to assist you through the probate litigation.
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Do You Need a Probate Litigation Lawyer?
While you aren’t legally required to hire a probate litigation lawyer to represent you in court, probate can be a complicated process. But there are some questions to ask yourself that can help you make up your mind. Let’s do a quick review.
What is a Probate Litigation Lawyer’s Job?
If you need legal advice regarding the administration of an estate, you need a probate attorney. Keep in mind that your lawyer’s role is largely determined by whether or not your deceased loved one left behind a will. Unfortunately, settling an estate is more complicated in the absence of a will.
Further, it’s important to note that all states have their own laws, so the probate process differs depending on where you live. In simple terms, probate is the process of distributing a person’s assets once they’re gone. Some states have chosen to simplify this process if the estate’s worth falls below a specified amount.
The probate process begins once a person has died. Here are a few things a probate litigation lawyer can help you with:
- Properly preparing and filing legal documents for probate court
- Paying outstanding debts and settling tax issues
- Collecting and transferring assets and property to beneficiaries, as well as any proceeds from life insurance policies
- Reviewing the will, if there is one
Questions to Ask Yourself
Whether there’s a will or not, it helps to have an experienced probate litigation lawyer to provide sound legal advice and assistance. Here are some questions to ask yourself:
- Is it possible to distribute the estate without probate litigation?
- Do you need to secure property that was wrongfully taken?
- Is there a dispute over the will?
- Has there been a breach of fiduciary duty?
- Can the estate’s assets cover any outstanding debts?
We Can Help
If you need a skilled probate litigation lawyer, contact Lewman Law at (925) 447-1250. Located in Livermore, CA, John Lewman, APC has been protecting families for over twenty years. Click here for business hours and directions.
Filed under Probate Tips
Signs You Need to go into Probate Litigation
According to the law, each person has the right to determine who inherits their worldly assets after they die. This includes both financial and personal property. When someone passes away, probate is the process of validating and approving a will in a court of law. In California, this legal process generally takes six months to two years if uncontested. Several things must happen before an estate can be closed, and there’s a window of time in which the will may be questioned. If you’re worried about the validity of a Last Will and Testament, here are some probate litigation signals to watch out for.
Probate Litigation Signals
Probate litigation is necessary when there’s a conflict regarding the will itself, or who should be in charge of an estate. Before deciding whether or not to file a probate lawsuit, there are some signs to watch out for. Below, are several examples of common red flags.
- The executor is ignoring your messages or seems secretive about the process.
- You suspect fraud took place during the making of the will.
- You have reason to think the individual didn’t have the capacity to sign estate planning documents before he or she died.
- There is a suspicious inheritance that makes no sense.
- You have concerns about the power of attorney.
- There was a last-minute change to the will before your loved one died.
We Can Help
While these are a few probate litigation signals, it’s by no means a complete list. If you have other concerns or believe one of these probate litigation signals is relevant to your situation, don’t hesitate to contact us at Lewman Law. This type of case is challenging to sort out on your own, and the consequences are often high. Call us at (925) 447-1250, or visit our site for more information.
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