Probate

There are a wide variety of factors that can influence probate and the likelihood of probate litigation. Put another way, there are many different estate planning documents that play different roles in the probate process, in addition to trusts and the last will and testament. One of those legal documents is a prenuptial or marital agreement. In this article, our probate litigation lawyers will explain how prenuptial agreements affect the probate process, including probate litigation. What is a … [Read more...] about How Do Prenuptial Agreements Affect Probate of an Estate?

When a loved one passes away, relatives may be contacted by debt collectors looking to recover from the estate. Although a debt collector may try to persuade a family member to pay the debt, according to the Federal Trade Commission, surviving relatives typically have not legal obligation to do so. Here, our probate lawyers will explain who is responsible for paying your loved one’s debts after they die. Consumer protection against creditors and debt collectors The Fair Debt Collection … [Read more...] about Who is Responsible for Paying the Debts of the Deceased?

Los Angeles probate litigation attorneys are familiar with allegations of undue influence that are often raised in court. Clients are often concerned about what to do when a loved one is suspected of being victim to undue influence. There may be clients who have been accused of exercising undue influence and need advice on how to defend themselves. Our Los Angeles probate litigation attorneys can help. Difficulties with claims of undue influence Los Angeles probate litigation attorneys know … [Read more...] about Understanding Undue Influence in California Probate Litigation

When an Orange County resident passes away, their estate will typically be administered through the court system so that any estate taxes and creditor claims of can be paid and the remaining assets can be distributed to their heirs.  A common question clients ask is how long the probate process will take.  The answer will vary depending on many factors, but there is an expedited process in California that you may be able to use. Our Orange County probate attorneys can explain that process to … [Read more...] about Are There Ways to Expedite Probate in Orange County?

When someone dies, their estate will typically go through the probate process. That is the manner in which the money and property which makes up their estate will be distributed to their heirs. But, if an estate has more debts than it does assets, the estate is considered “insolvent.” So, what happens to probate administration if the estate is insolvent? Let our Los Alamitos probate attorneys explain. What if there aren’t enough assets? One of the biggest components of probate administration … [Read more...] about Probate Administration of an Insolvent Estate

Some people see do-it-yourself, online legal forms as an easy and inexpensive way to create estate planning documents, including the last will and testament.  They allow consumers to create their estate plans at home on their own computers, without the need for an attorney. However, as our Los Alamitos probate litigation attorneys know, these types of estate planning instruments often lead to probate litigation. So, you may want to rethink that choice. DIY estate planning documents may not be … [Read more...] about DIY Wills Often Lead to Probate Litigation

When an estate is probated, the courts supervise the transfer of the estate of the deceased in an organized manner.  There are rules and procedures that must be followed, based on the probate laws of the state where the person resided.  An executor or administrator will be appointed to oversee the process.  If you have the honor of being appointed to oversee probate of an estate, our Los Alamitos probate lawyers want to help you avoid these mistakes. The basics of the Los Alamitos probate … [Read more...] about Los Alamitos Probate Lawyers Warn of These Mistakes

Despite the intentions that most families have to remain civil with one another after the divorce of a family member, will contests and trust disputes are quite common.  When 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 brings their disagreement to the court to resolve. However, if you take certain steps now you may be able to avoid many of the common disputes through proper … [Read more...] about Primary Reasons for Probate Litigation in California

It is true that, for many people, the primary goal of creating an estate plan is to avoid probate if at all possible. In most cases, people assume that probate will be too expensive and take too long, so the best option is to avoid it. Here, our Orange County probate attorneys will discuss whether the cost of probate is really a reason to avoid it. How much does probate really cost? Although there are a number of ways to create an estate plan that will help you avoid the probate process, the … [Read more...] about Is the Cost of Probate a Reason to Try to Avoid it?

When a Los Angeles resident dies, his or her estate must be administered through the court system so that taxes and creditor claims of can be paid. Once that is accomplished, the remaining property or assets can then be distributed to the beneficiaries of the deceased.  Clients often ask: how long does probate take in Los Angeles?  The answer will depend on various factors that usually differ for each estate. Understanding the probate process An individual's probate estate includes all … [Read more...] about How Long Does Probate Take for Los Angeles Residents?