WHAT IS PROBATE?

Probate is the legal process of settling a deceased person's estate. It involves identifying and distributing assets, paying taxes and creditors, and distributing assets to beneficiaries. Many people believe that a Will can avoid probate, but it only provides instructions for how assets should be distributed. If there is no Will, state laws known as intestacy laws determine the distribution of assets.

When a person dies, the court assigns an Executor if there is a Will or an Administrator if there is no Will, to manage the probate process. This includes filing a final income tax return, inventorying assets, paying debts, distributing assets, and preparing an accounting report for court approval. This is a complex, demanding, and time-consuming task that should not be taken lightly. Additionally, probate is costly and can take several months to complete, especially in California. It is also a public process, which may attract distant family members. In California, probate may be avoided if the total value of the property is less than $184,500.

PROBATE LITIGATION

After someone passes away, their property is typically transferred to their family members. Unfortunately, conflicts can still occur even if the decedent had a well-prepared estate plan. For instance, disagreements can arise regarding the actions of the personal representative or trustee, and the mental capacity of the deceased may also be questioned. Additionally, disputes may arise with creditors or beneficiaries, among other issues.

Such legal problems can lead to a formal challenge of the estate in court, resulting in probate or estate litigation. The following is a list of typical legal issues encountered in probate court: contested wills, trust disputes, conflicts with personal representatives, disputes over legal guardianship, creditor disputes, and removal of beneficiaries from an estate.

Our law firm specializes in probate, estate, and trust litigation, and possesses extensive experience in trials. We represent interested parties such as beneficiaries, personal representatives, trustees, and creditors throughout California.

PROBLEM SOLVERS

At Taylor Solano & Associates we view each case as unique demanding unique solutions. We explore each and every avenue to provide you with solutions which will benefit you and your case. CALL TODAY 888-842-9422