The goal of estate planning for most people is avoiding probate.  Why?  Because probate can be expensive and it can take a long time to go through the entire process.  Every estate, regardless of its size, is required to pass through probate so that the heirs or beneficiaries can receive their inheritances.  Whether avoiding probate is the right thing for you depends on many factors, so discuss this decision with your probate lawyer.  If you decide you want to bypass the process, here is a guide … [Read more...]

Despite the best intentions, many families have a difficult time being civil with one another after the death of a family member. For this reason, will contests and trust disputes are more common than you might think.  When relatives disagree with how estate property is being distributed probate litigation is the likely result.  Probate litigation is simply the proceeding that results when someone who has an interest in the estate property takes their dispute to the probate court to resolve. … [Read more...]

You may not be aware, but many trust and estate disputes in California are resolved through mediation as opposed to being resolved in Superior Court. Probate mediation has many benefits including the opportunity for customized resolution, lower cost, and the chance to avoid the trial which is often unpredictable. If the parties can agree on mediation, the chances of success are usually pretty good. Here is what you need to know about the probation mediation process in California.What are the … [Read more...]

Trust disputes, like will contests, are very common in probate court. Family members often disagree with how a loved one’s estate is distributed which leads to litigation in Los Angeles probate court. Two of the most common issues that drive families to Los Angeles Probate Court to settle their disputes are suspicion of fraudulent inducement or lack of mental capacity in executing an estate planning document. A recent case decided in California addresses whether a trust beneficiary had standing … [Read more...]

There are several reasons someone might decide to challenge whether a will is valid. The most common reasons are whether the will was properly signed, whether the person who made the will had the legal capacity to do so, and whether there is any suspicion that the person was unduly influenced or induced to create the will. In those situations, the will may be contested in probate court. Although these grounds may be challenging to prove in court, having to deal with these issues is something … [Read more...]

There are a few reasons that avoiding probate may be your goal for estate planning. It may be that the expected cost of the probate process is more than you want your family to incur after your death. It may be that you don’t want your family to wait years to receive their inheritances. Regardless of your reasons, avoiding probate is a decision you should discuss with your probate attorneys beforehand.Is Completely Avoiding Probate Actually Possible?A question clients often ask is whether it … [Read more...]

In California, probate proceedings are handled in the California Superior Courts.  The Los Angeles County Probate Court is a Court of General Jurisdiction that handles matters including but not limited to the following proceedings: Decedents' estates, Trust proceedings, Guardianship proceedings, Conservatorship proceedings, and Minor's compromises. During the probate process, there are many documents that must be filed with the court. Now, those documents must be filed electronically. Let our … [Read more...]

The unfortunate reality is that will contests and trust disputes are quite common in probate. Despite everyone having the best intentions and to remain civil after the death of a family member, the likelihood that someone may contest a will is still pretty high. If a family member disagrees with how estate property is being distributed, the likely result is probate litigation.  That means someone who has an interest in the estate can bring their disagreement to the court to be resolved. A common … [Read more...]

If you assume that everyone has a will, you would be wrong. Despite how common a will may be as an estate planning tool, not everyone has taken the time to create one before they pass away.  With a will, individuals are able to establish exactly how they want their estate to be distributed upon their death.  Without a will, however, an individual has no control over the distribution of their property.  Instead, their estate will be divided up according to the laws of intestate succession in … [Read more...]

A Long Beach probate lawyer can provide valuable assistance to probate administrators or executors through the entire probate process.  A Long Beach probate lawyer can be an invaluable resource, particularly because the laws in every state are different with regard to probate proceedings and any special requirements established by certain county probate courts.The estate administration processWhen someone passes away, the property which makes up that person's estate will be distributed to … [Read more...]