If a loved one has passed away and you are named in their will or believe you are entitled to a portion of their estate, hire our Orange, CA probate lawyer at The Katje Law Group. Our firm will guide you through the probate process and inform you of your rights. Several factors go into executing a will, such as the legality of the document, the relationship between family members, and how large the estate is. Get representation in probate court by retaining our probate lawyer today.
What A Probate Lawyer Does
Our probate lawyer helps beneficiaries and executors of wills through the process of probate after the creator of the will has passed away. We have over twenty years of combined experience in estate planning law and can offer a full review of the will to outline what you can expect during the probate process. Other duties our probate lawyer can help with are:
- Collecting and appraising assets
- Filing a life insurance claim and managing that payout
- Paying off any of the creator’s outstanding bills like debt and estate taxes
- Preparing documents and filing with the court
When you are grieving the loss of a loved one, it’s hard enough without dealing with a complicated estate plan on your own. Let our Orange probate lawyer help you through the process as easily and quickly as possible. In addition, probate court can take years to complete, especially if the will is contested or unclear. Our firm will let you know what your options are when it comes to maintaining properties in the will and managing potential inheritance funds.
Benefits Of Working With A Probate Lawyer
Every state has a different probate process, so finding a knowledgeable local lawyer is essential to expediting the execution of the will. Our attorney will walk you through every step of probate and offer suggestions to shorten the time it takes to complete. Other benefits of working with our will lawyer include:
- We act as a buffer between you and your family members, especially if there are disagreements about the will
- Protecting your rights and best interests in probate
- Strategizing how to pay off the creator’s existing debt if the estate does not have enough money to cover outstanding bills
- Ensure the right distributions and property are given to the correct person
- Discover issues immediately and be proactive in seeking resolution.
Regardless of how the will was drafted, it is up to the probate court to determine its validity. If the will was written by a will lawyer, there shouldn’t be an issue following its instructions. However, when loved ones create wills on their own, whether handwritten or through an online template, they may not be legally binding. If you find yourself in this situation, get the advice of our probate lawyer before taking any further action.
In most cases, the estate pays for the probate lawyer. Attorney fees are taken out of the overall inheritance amount, so all beneficiaries are equally impacted. That also means beneficiaries are not usually responsible for our fees unless the creator of the will did not have enough money when they passed.
The Katje Law Group will help you overcome the many obstacles that probate may put into your path. Our dedicated and compassionate Orange probate lawyer is only a phone call away. Schedule a meeting at our firm to get a better understanding of the probate process and help interpret wills and estates. Without legal representation, you may prolong receiving your inheritance or be vulnerable to contests from disgruntled family members. With our team on your side, you can trust that someone is standing up for you and protecting your best interests.
Common Probate Issues In California
Probate is the legal process through which a deceased person’s estate is administered and distributed. While it may sound straightforward, probate often involves several issues that can complicate matters for families and executors. In California, probate can be time-consuming and challenging, especially if complications arise. Hiring our Orange, CA probate lawyer can help ease the process and resolve any legal obstacles that come up. For over a decade, September Katje has helped Caliornians with their estate planning needs. Call Katje Law Group now to schedule your free case review.
Disputes Over The Validity Of A Will
One of the most common issues in probate is when family members or beneficiaries dispute the validity of the will. In California, for a will to be valid, it must be properly executed, signed, and witnessed. If someone believes that the will was forged, that the testator lacked mental capacity, or that the will was signed under duress, they may challenge its validity in court.
Our Orange probate lawyer can help defend the will or represent someone contesting it. We can guide the parties through the legal process, gather necessary evidence, and advocate on behalf of their clients to resolve the dispute fairly.
Probate disputes between family members often arise over how the estate is divided. If certain heirs believe they deserve a larger share or think the will doesn’t reflect the deceased person’s true wishes, they may contest the will. This can create tension and lengthy legal battles. We can mediate these disputes and help find an amicable solution. In situations where settlement isn’t possible, our lawyer can represent clients in probate court, ensuring that the estate is distributed according to the valid legal documents.
Executor Disputes And Mismanagement
The executor of an estate is responsible for administering the probate process, which includes paying off debts, distributing assets, and handling all the legalities. However, disputes often arise between the executor and beneficiaries. If beneficiaries feel that the executor is not performing their duties properly, or if the executor mismanages the estate’s assets, it can lead to costly delays.
Our probate attorney can represent the executor in court if challenges to their performance arise. For beneficiaries, our lawyer can investigate whether an executor is fulfilling their duties and take legal action if necessary. Hiring our lawyer can help maintain transparency and accountability throughout the probate process.
Problems With The Probate Timeline
California probate can take several months, sometimes even years, depending on the size and details of the estate. If heirs are waiting for their inheritance and the probate process is delayed, frustration can mount. Certain complications, such as disputes, can further extend the timeline, causing delays in asset distribution.
Our estate law firm can help expedite the process by verifying that all necessary paperwork is filed properly and that any issues are addressed quickly. In situations where the probate process is delayed due to legal challenges, our lawyer can represent the estate to resolve matters efficiently and prevent further hold-ups.
Handling Debts And Liabilities
Before any assets are distributed, the estate must settle any outstanding debts. This can include mortgages, credit card bills, medical expenses, or loans. If there isn’t enough money in the estate to cover these debts, the beneficiaries may end up receiving less than expected, or the estate may face legal consequences for not properly handling debt repayment.
Our estate lawyer can assist in verifying the validity of debts and help prioritize payments. We can also work with creditors to negotiate debt settlements, so that the process is fair and that all debts are paid off appropriately. Our lawyer will also advise on the steps to take if the estate has insufficient funds to cover all obligations.
Tax Issues
Tax concerns often arise in probate, particularly with estate taxes or income taxes related to the estate’s assets. California has specific tax rules regarding inheritance, and the estate itself may be liable for taxes depending on its value. This can complicate the distribution process, as taxes must be paid before beneficiaries can receive their inheritance.
Our firm can help confirm that all taxes are properly calculated and paid, preventing penalties. We can also advise on how to minimize tax liabilities for the estate and beneficiaries. You need our probate lawyers to make sure all tax filings are accurate and timely, reducing the risk of issues with the state or the IRS.
Inheritance Disputes With Non-Relatives
Sometimes, disputes arise not just between family members, but with non-relatives or individuals who believe they should inherit a portion of the estate. This may include domestic partners, friends, or people who were promised an inheritance but weren’t mentioned in the will.
Our probate lawyers can represent the estate in court to defend against such claims or make sure that rightful heirs are recognized. We can also help the deceased’s beneficiaries protect their inheritance against individuals trying to wrongfully claim a share of the estate.
How A Probate Lawyer Can Help
Probate can be a complicated and emotional process, especially when issues like disputes, delays, or financial complications arise. Having our experienced Orange probate lawyer on your side can help protect your interests and reduce the stress of dealing with these challenges. Whether you’re an executor or a beneficiary, Katje Law Group can guide you through the process, advocate for your rights, and help resolve any issues that come up. If you’re facing probate issues in Southern California, don’t wait to consult with our knowledgeable staff. Call now to schedule a free consultation.
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