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Is Estate Planning a Litigation?
Estate planning doesn’t automatically imply litigation. Poor estate planning, however, can lead to probate litigation after you pass away. This is why having a proper will and executor and/or a trust with a dependable trustee is important for preventing litigation after you pass away. Using a trusted lawyer is vital in your estate planning process, as emotions can stir and cause disputes after death if a will or trust is not written and carried out properly beforehand. Common Situations That Lead to Estate Litigation You would hope that there would be no issues handling your estate after you pass away, but there are many reasons that litigation happens during the probate process. While litigation is often not the route most want to take when it comes to the probate process, there are a few common situations that lead to estate litigation. A disagreement with a will can cause estate litigation [...]
What Is Inheritance Litigation?
Inheritance litigation is the process of an heir or beneficiary taking legal action against a third party, executor, or administrator. You may be entitled to an inheritance, but it can be complicated to get your inheritance and know exactly what you are entitled to. This can be true even if there is a will determining what each person receives. You may be entitled to an inheritance if you are named a beneficiary in a will, are named an executor of a will, or an heir of someone who passed away. If you’re in California and need help navigating inheritance litigation, you may want to seek help from an experienced attorney. What Is the Purpose of an Inheritance claim? The purpose of an inheritance claim is to reconcile the inheritance due to an heir or beneficiary of the deceased person of relation. An inheritance claim can also be made against an [...]
What Is Probate?
One of the most challenging aspects of losing a loved one is the complicated legal proceedings that follow. Probate is the legal process of administering an individual’s estate after their death. Depending on what type of end-of-life plans the deceased had in place at the time of their death, probate can be a very straightforward process of ensuring the validity of these plans or a complex affair of sorting out intestate succession laws as they apply to the deceased’s estate. Having a will, living trust, or estate plan in place can significantly reduce the time and stress required of probate proceedings. These end-of-life documents are valuable for limiting a loved one’s uncertainty after one’s death. Do You Need an Attorney to Go Through Probate? Legal representation is good to have in any probate case, regardless of whether the deceased had a will or other estate plan in place. A good [...]
3 Simple Ways to Avoid Probate
The probate process is notoriously taxing for any family that must experience it. The goal of probate is to settle the affairs of a deceased individual legally, meaning determining ownership rights over their remaining property as well as responsibility for their remaining debts. Probate occurs when the deceased did not have a formal plan in place for handling their end-of-life affairs. If you are making your plans for the future and want to spare your loved ones the difficulty and stress of the probate process, there are a few steps you can take to reduce uncertainty and ensure your legacy unfolds according to your wishes. An estate planning attorney can help you explore your options for helping your family avoid probate. Create a Revocable Trust A trust is a special legal document that officially transfers ownership rights of the property and assets listed in the trust to a trustee. This [...]
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Lynn
I have to say that Peter is also an unusual attorney in that he is compassionate and has a sense of what is just and appropriate; he will be honest and forthright with his client, but will absolutely fight to right a perceived injustice. I can't say enough great things about this attorney.
Karen
With Peter’s guidance, we were able to navigate through a very stressful situation. Throughout the process, Peter was always available for questions and prompt with the right answers. At no time did we feel alone in this process. His compassion and experience were invaluable, and we were able to right a terrible wrong. I would highly recommend attorney Peter Bochnewich for your legal needs.”
Teri B.
Throughout a long and sometimes difficult legal battle, my sister and I were constantly impressed by the depth of Mr. Bochnewich’s understanding of the law, his energy in applying it, and his intelligent and effective presence in court. We were also deeply appreciative of his warmth toward us and the deeply ethical behavior he exhibited both in and out of court. In the end, Mr. Bochnewich’s skills were responsible for removing the executor from the estate, and in our receiving a seven-figure judgment. I would not hesitate to recommend Peter Bochnewich to anyone seeking highly skilled legal assistance with estate and inheritance issues.”
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