The estate planning process may be stressful enough without having to deal with the probate court. The court reading out the estate’s last desires can make the probate procedure reasonably simple, but only if the probate is uncontested. Whether you’re a representative of the estate or a beneficiary, you’ll need the proper counsel on your side if probate is challenged.
Someone opposes the way the estate is being handled in contested probate. It might be a beneficiary arguing that their portion of assets is insufficient, or it could be someone other than the estate claiming assets left in a will. This procedure may become difficult, expensive, and cause unwanted rifts if you don’t choose the correct lawyer.
The role of a Probate Attorney In Fontana before death
While probate is the process of administering an estate after death, you can have the same lawyer handle both your estate and probate matters. The estate’s counsel will work with the estate to ensure that the will is enforceable in this circumstance.
Different states have regulations limiting what and how much of a particular asset can be transmitted upon death, as well as for instructions for how those assets should be handled. A competent attorney will be familiar with these laws, giving you more peace of mind from beginning to end. Probate will not be disputed if you have a solid estate plan in place.
You can also have multiple lawyers handle estate planning and probate, but make sure they’re both knowledgeable and competent.
The probate attorney’s task will be made more difficult if the estate attorney fails to put up a clear plan.
The job of a probate attorney following a death
The duty of your selected probate attorney shifts into high gear as soon as your loved one passes away. To prepare for court, they will acquire all appropriate paperwork for the estate.
All papers will be examined to verify that they are not only legal but also executable by the estate’s wishes. This procedure may contain the following steps:
Checking to see whether state laws are being obeyed
Confirming that the estate’s assets are genuinely held and priced as declared.
As needed, securing and ensuring all assets
Calculating all of the estate’s debts and ensuring that they are paid
Executing the transfer of assets to beneficiaries following the terms of the trust.
The attorney will work closely with the executor (the estate can also choose an attorney as the executor) to ensure that the estate’s final intentions are carried out legally.
The function of the Probate Attorney In Fontana when the dispute is filed
All of the above are required precautions to avoid a scenario like this, but not every probate is uncontested. If someone or something becomes involved in the probate procedure and opposes the estate’s claims, your attorney will effectively be the defense counsel. They’ll have to show the legitimacy of the issues at hand, however, the weight of evidence falls on the individual opposing the will.
If the entire will is challenged and ultimately thrown out, the court will decide how assets will be distributed.
A good Probate Attorney In Fontana may also assist you throughout this process by pressing for a distribution that is close to the estate’s desires or the value initially designated for a beneficiary. When someone dies without a will, the same rules apply.
In the Cases of Family Law
If you’ve never dealt with a legal issue before, the procedure might be intimidating. A competent family law attorney can assist you to clarify any ambiguity, offer you practical answers, and safeguard your best interests in legal processes with firm arguments.
While you may come into the law office with the stress of divorce, you will leave with a better grasp of how to resolve family law matters in a timely and cost-effective manner. Get in touch with the Child Custody Attorney Fontana and solve your problems in fractions of a second.