Orange County Probate Litigation Attorney

Processing the death of a loved one is never easy. After their death, you will need to settle their estate and help ensure their assets are distributed accordingly. If a dispute about their will arises, tensions can run high and emotions can flare. Things may get even more complicated if your loved one died without a will.

Thankfully, the team at Albertson & Davidson, LLP can help. Our experienced will contest lawyers in Orange County have the knowledge and experience to help you through these difficult times. While estate litigation is a place that no one wants to end up, we can help you through these tough times and ensure that you get your rightful share of your inheritance.

Contact us today at (858) 209-2309 to schedule a consultation with an Orange County probate litigation attorney who is ready to help.

Why Clients Choose Albertson & Davidson, LLP

Pursuing estate litigation can be tricky when you need to challenge family members in court. Our team understands the sensitive nature of these issues, and we can help you navigate the process. Some of the reasons why clients in Orange County choose us are:

We have obtained $300 million in financial recoveries for previous clients
Our team is dedicated to providing you the personal attention and communication you deserve throughout the process
We have in-depth experience handling estate litigation issues from both sides, so we know them inside and out

If you suspect that something does not seem right after the passing of your loved one, do not hesitate to reach out to us today. Don’t just stand by while someone takes the inheritance that legally belongs to you. Let us help you get your fair share by negotiating a settlement or going to court.

Call Albertson & Davidson, LLP today to learn more about how our firm can help. Schedule your consultation now and let us put our experience to work for you.

What Can a Probate Litigation Attorney Do To Help?

Probate litigation can take many forms, and an experienced probate litigation lawyer knows how to handle it all. Whether you need to challenge the validity of a will or hold an executor accountable for misconduct, a lawyer can help you protect your legal rights and your financial interests.

A probate litigation attorney can help you by:

Filing a will contest in probate court when you believe your loved one’s will is invalid
Gathering evidence and interviewing witnesses who can testify to the validity of a will
Researching the details of trust documents to determine exactly how they should operate
Using experts, such as forensic accountants, who can help bolster your case
Negotiating a settlement that gets you a favorable outcome
Filing a lawsuit and going to court on your behalf when the situation requires it

If you think that your loved one’s wishes are not being carried out appropriately, you must act quickly. California law only allows these types of issues to be raised within a certain amount of time, and missing the deadline can completely prevent you from being able to object to potential estate issues. Contact Albertson & Davidson, LLP today to let us get started investigating your situation and help you get the outcome you desire.

Does an Estate Always Have to Be Probated?

An estate does not always have to go through the formal probate process. Instead, assets could pass to heirs through other means, including the trust administration process, by passing directly to co-owners or named beneficiaries, or through a simpler “summary succession” procedure.

Some examples of situations when assets can be transferred outside of probate include the following:

When the property is a government benefit. For example, if surviving loved ones are entitled to Social Security survivor benefits, this money can be collected with no need for probate proceedings.
If the property has a named beneficiary. Examples of property where an account owner may be able to name a beneficiary include bank accounts, retirement accounts, pensions, and annuities. Named beneficiaries can receive the property directly without the need to go to probate court.
When property is jointly titled. Title refers to legal ownership. There are different ways to take title, some of which allow the property to transfer directly to co-owners who are also on the title. The key is whether the title confers rights of survivorship. For example, if a property is owned in joint tenancy, the surviving co-owner can inherit the property directly outside of probate. Community property also gives the surviving spouse survivorship rights to directly inherit property. And, any property that provides for “transfer on death” can automatically be transferred to whomever is listed as the new owner.
When a trust owns the property. Many people create trusts and transfer ownership of assets to the trust in order to facilitate the transfer of those assets outside of the probate process.
When the estate is a small estate. If the value of the estate is under a certain threshold (which changes over time), then it can be transferred via a simpler process than standard probate. The probate code details the thresholds for small estates or for estates that are eligible for summary succession procedures. These limits are updated every few years.

Avoiding probate is often a key goal in estate planning. Unfortunately, the deceased person typically must take action to create a plan and put documents in place to allow assets to transfer outside of probate. If this was not done during the deceased person’s life, and if the estate isn’t a small estate, then most, if not all, of the assets left behind will need to be transferred through probate.

When this happens, those who stand to inherit or anyone chosen to fulfill the role of personal representative should make sure to understand their rights and their obligations. An Orange County probate litigation attorney can help.

How Long Does the Probate Process Take?

As the Judicial Branch of California explains, probate cases have multiple parts, and going through the process can take a long time. The Judicial Branch says that probate usually takes between 9 months and 18 months, but it can sometimes take longer.

If you want to maximize your chances of the probate process going smoothly and being completed as quickly as possible, it’s a good idea to get legal help from an experienced attorney.

How Probate Works In California

The probate process in California works much the same way as most other states. The specific path that an estate administration will follow typically depends on whether the deceased had a will or not. Probate simply refers to the process of how the assets and property of the estate are administered and distributed. An Orange County estate litigation lawyer understands the legal complexities of these cases and will fight to protect your rights.

With a Valid Will

Typically, the probate process flows a little more smoothly if the deceased had a will. After death, the executor named in the will can file a petition with the court to admit the will to probate. The executor is responsible for administering the estate as outlined in the will.

Part of the executor’s duties include paying any taxes or final expenses of the estate. Additionally, the executor may be required to provide an accounting or inventory of all the estate’s assets. Once all the assets have been gathered and no objections have been raised, the executor will distribute the assets according to the terms of the will. In most cases, they will need to file a report with the court that proves all these activities have taken place.

Without a Will

Things often get a little more complicated when someone dies without a will. In that case, the person is said to have died intestate. In this scenario, the court will appoint an executor to administer the estate.

The role of the executor in this situation is much the same, although they must first identify the legal heirs of the deceased. Property will then be divided and distributed according to the intestate succession laws in California. Under these laws, assets usually pass to the next kin, such as a spouse, children, parents, or other relatives.

Understanding Probate Litigation

Probate litigation can take many forms. Disputes often arise about the validity of the will itself. Heirs and other interested parties have a right to contest or dispute a will in probate court.

Additionally, litigation can arise from the manner in which the estate is administered. Trustees and executors owe beneficiaries a fiduciary duty, and a breach of this duty can cause litigation. Using estate assets for personal gain or improperly distributing the assets can be a reason for litigation.

Beneficiaries typically have a right to request the court to intervene when they suspect that improper behavior is taking place. The court may require the executor to provide a detailed accounting of all the assets and distributions. The team at Albertson & Davidson, LLP can help you with all aspects of probate litigation. Let us advise you of your legal rights and help you protect your interests.

Get Help From an Orange County Probate Litigation Attorney

If you find yourself in the middle of a probate dispute, reach out to Albertson & Davidson, LLP. We help clients through complicated probate litigation matters every day, and you can count on us to give your case the attention it deserves.

Call today at (858) 209-2309 or contact us online to schedule a consultation and let us go to work.