Calabasas Probate Litigation Lawyer
Losing a loved one is difficult, and the probate process only adds to the stress and emotion of the situation. Probate disputes can significantly increase emotional and financial strain. If you are involved in a probate dispute, you need the help of an experienced Calabasas trust litigation lawyer who can assess the situation and help resolve the dispute.
Contact Albertson & Davidson, LLP today at (858) 209-2309 to schedule a consultation.
Why Pick Albertson & Davidson, LLP?
At Albertson & Davidson, LLP, we focus on probate and trust litigation. Our firm has the resources, experience, and track record to handle even the most complex estate disputes. Clients across Calabasas and the surrounding areas choose us because:
- We know how to get results, as evidenced by our more than $300 million recovered for other clients
- We give each client the personal attention they deserve during these difficult situations
- We take many cases on a contingency fee, reducing the financial burden of litigation
Our caring and compassionate team understands what you are going through, and we will provide clear guidance throughout every stage of the process.
Why Do I Need a Probate Litigation Lawyer?
Failure to speak up or raise a probate dispute could result in the loss of your rightful inheritance. An experienced estate litigation lawyer in Calabasas can help evaluate the facts of your case and determine your best path forward to protect your interests. Some of the ways a lawyer can help you include:
- Reviewing wills, trusts, and other estate documents
- Gathering evidence to help support your claim
- Reaching a settlement that works for everyone involved and avoids costly litigation
- Taking your case to court and litigating on your behalf
What is Probate Litigation?
Probate litigation involves legal disputes over the administration or distribution of a deceased person’s estate. These disputes may arise regardless of whether a valid will exists and often involve complex legal and factual issues. In fact, one of the most common reasons for probate litigation is contesting a will.
If you are an heir, beneficiary, or creditor with an interest in the administration of the estate, you likely have the legal right to dispute or challenge certain aspects of the estate. For instance, probate litigation often involves:
- Challenging the validity of a will
- Disputing the deceased’s intent about certain provisions in the will
- Challenging who should be appointed as executor
- Raising concerns about the way that estate assets are being distributed
What Is The Difference Between An Estate Lawyer And A Probate Lawyer?
A Calabassas estate lawyer and a probate lawyer both assist with issues related to wills and estates, but they offer distinct types of services.
An estate lawyer focuses on helping individuals plan for what happens after they pass away. Estate attorneys do things like help you:
- Determine what estate planning tools you should use, including living wills, last will and testaments, and trusts
- Write a last will, living will, or other key documents that are part of your estate plan
- Create, fund, and manage a trust
- Shape your legacy and provide for loved ones
A probate lawyer, on the other hand, becomes involved after a death. At Albertson & Davidson, LLP, our probate lawyers provide help in both simple and complex cases. We can help you:
- Get yourself or someone else appointed as executor or personal administrator
- File the will with the court
- Fulfill your duties as executor, including inventorying and valuing the assets of the estate, managing assets, notifying potential creditors and heirs, filing court and tax paperwork, and more
- Resolve disputes during the probate process through probate litigation
Estate and probate lawyers both help to ensure the wishes of a deceased person are honored. As a result, it often makes sense to work with both types of attorneys, with one helping during the planning process and the other helping to facilitate the transfer of assets to new owners.
How Much Are Probate Fees In California?
When an estate is probated in California, there are certain costs that the estate has to pay. These costs can include:
- Attorney fees are set by statute in California. Attorney fees equal 4% of the first $100,000 in the estate’s value, 3% of the next $100K, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15 million. If the amount of the estate is above $25,000,000, then the court will determine a reasonable fee.
- Court fees: There are fees to pay when you file with the court during a probate case. These can vary, but usually are around $435, according to the Superior Court of California Statewide Civil Fee schedule.
There may also be other costs as well, including appraisal fees if you need to hire an appraiser to value the estate.
Working with a Calabasas probate litigation lawyer at Albertson & Davidson, LLP can help you to ensure you keep unneeded costs to a minimum while getting affordable representation for key legal services.
How Long Does Probate Usually Take In California?
The California Courts explain that probate typically takes nine to 18 months. However, the exact timeline varies depending on the complexity of the claim and whether issues arise, such as a dispute over whether a will is valid.
A Calabasas probate litigation lawyer at Albertson & Davidson, LLP will help you move your case as quickly as possible through probate proceedings so you can move forward ASAP with collecting your inheritance after the death of your loved one.
Can Property Be Transferred Without Probate?
It is possible for property to be transferred without probate in California. If the deceased person takes steps during the estate planning process to avoid probate, such as creating a trust, this can make it possible for assets to transfer outside probate. Small estates can also be settled through a simpler summary succession process if the value is below a set amount.
Schedule a Consultation With Our Calabasas Probate Litigation Lawyers
Whether you are contesting a will, disputing an executor’s actions, or facing other probate challenges, early legal intervention is essential. At Albertson & Davidson, LLP, we have extensive experience representing clients in complex probate litigation and are prepared to advocate for your best interests.
Contact our Calabasas office today to schedule a consultation with a skilled probate litigation attorney.