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 [...]

By |April 16th, 2022|

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 [...]

By |April 15th, 2022|

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 [...]

By |December 28th, 2020|

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 [...]

By |October 7th, 2020|



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