Going through probate is something very difficult for
families to face. If there is no Will,
then California law and the Court will decide who are the heirs, and what
inheritance they will receive. Some
family members will be included as heirs, and some will be excluded.
Even if there is a Will that specifically sets out in
writing the bequests and gifts of the decedent, the Probate process can often
tear apart even the most closely knit families. Family members often out of
motive, greed or both may seek to contest the will.
Fortunately, most of these
arguments stay in the family, but in some cases, they can often grow big - so
big that, a probate contest is brought to the court.
Serious Claims
If no members of the family are
threatening legal action, and the disagreement remains contained within the
family, then the Probate process is said to be “uncontested”, and the Court
moves forward to settle the estate.
However, when more assets are on
the line, people may be more willing to take legal actions, as the stakes are
higher. Since there is more to gain, they will usually put up a bigger fight.
Administering
the Probate
If you are the person responsible for overseeing the
distribution of assets, either as the administrator or executor, then it is
essential to retain a probate lawyer, whether there are any disputes or not,
especially when the estate is quite large. The probate system is complex in
California, and therefore, it is advisable to have an attorney assist you in
the administration of the estate since there are many legal procedures to follow and deadlines to meet. If you fail to
follow these procedures, you could be subject to legal penalties. If there is
any question about the will, you should not hesitate: hire a probate attorney
before the situation becomes any more difficult. Probate attorneys in
California are paid from the actual estate, and having one on your side can be a
substantial relief to you as the executor of the will.
I hope this article helps clarify when to hire a lawyer to
help with inheritance battles. When in doubt always seek legal advice from a
professional. Many attorneys provide a free consultation so you can get your
questions answered as well as interview the attorney to determine if he or she
would be the right fit should you need legal help.
As always, you can come to my office for a free 30-minute
consultation. Also, there is additional information on this blog about estate
planning and probate which many help answer many questions that you have.
