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Probate & Business – Estate Planning – Trust Litigation – Inheritance Disputes – Product Liability – Trust Administration – Tax Planning
Are you looking for a probate attorney Mission Viejo, CA, residents trust? Probate can be a lengthy and costly process without the proper guidance. However, when you hire an experienced Law Stein Anderson probate attorney, you’ll obtain peace of mind that you’ve filed all required paperwork and documentation. Furthermore, we help you through any disputes that may arise.
Estate Planning With a Probate Attorney in Mission Viejo, CA
Since probate court can burden family members during a grievance period, many people use a revocable living trust to avoid their estate going through probate. However, there are circumstances when a probate proceeding is mandatory, even with a revocable living trust. Probate law in Orange County, CA, is complicated. Fortunately, whether you are the executor, beneficiary, or creditor of the estate, hiring a knowledgeable attorney to guide you through the process will significantly help.
There are many benefits of having a probate attorney in Mission Viejo, CA. A probate attorney prevents personal liability to the executor. Furthermore, probate attorneys minimize stress and disputes among family members. The probate court process can be lengthy, but hiring an attorney helps speed it up.
What does a probate attorney do in California?
A probate attorney helps to settle an estate and assists with various tasks, including:
- Identifying all estate assets
- Opening and managing the estate’s checking account
- Collecting life insurance policy proceeds
- Preparing and filing all probate forms and court documents
- Preparing and filing all court documents
- Determining and paying taxes, final bills, and debts
- Retitling assets in beneficiaries’ names
- Transferring assets in the decedent’s name to the appropriate beneficiaries
Probate and Trust Litigation Has Doubled in Southern California Over the Past Ten Years
The death of a loved one is a traumatic experience. Sometimes a parent dies without a will, or the family disagrees over the terms of a will or a trust. When these disagreements can’t be resolved, probate or trust litigation results. Working with a good attorney is the best way to get through the process in these situations. Probate and trust ligation are complex and time-consuming. It’s often costly. When a family disagrees over important facts, discovery is required to obtain the evidence. This usually includes depositions and requests to obtain relevant documents. Even after the facts are obtained, the family can disagree over applying the laws. In those cases, a judge is sometimes needed to rule how the law will be interpreted.
FAQ
Are probate records public?
In California, probate proceedings are public. All it takes is going to the courthouse where the will is filed, paying a small fee, and receiving a copy of the will.
Do you still have to go through probate if you have a will in California?
Yes. Simply having a Last Will & Testament does not prevent the probate process. During probate, the judge establishes the will’s authenticity and validity.
Do I need a probate attorney in California?
DIY probate is an option, but it is not recommended for several reasons. A probate attorney utilizes their expertise in probate law to facilitate the administration of an estate following the passing of an individual. Their role involves ensuring that the deceased’s wishes are honored, and their beneficiaries receive their rightful inheritance, all while minimizing the burden and anxiety on those involved.
Executors & Administrators
In most wills, the person assigns an executor. However, if there is no will, the court appoints an administrator. The executor or administrator has many duties, including:
- Publish notice of the death
- Provide information to potential heirs
- Identify the estate’s assets
- File taxes
- Distribute property
A skilled attorney can provide valuable assistance in navigating these procedures for executors and administrators.
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SOUTHERN CALIFORNIA ATTORNEYS
We are an industry-leading estate, trust, and probate attorney serving clients in Irvine, CA and surrounding communities within Orange County, including Newport Beach and Laguna Beach.
We are an industry-leading estate, trust, and probate attorney serving clients in Mission Viejo, CA, and surrounding communities within Orange County, including Dana Point and Yorba Linda.