While technology makes communicating easier than ever, some people prefer to meet with their probate attorneys in person. This can help ensure they have your best interests rather than a paycheck.
Probate Attorneys Los Angeles can save you time and money if you’re handling an estate case. They can also prevent family disputes over the distribution of assets and debts.
When you have a probate attorney, you can rest assured that your loved ones are well taken care of after you pass. They’ll help with everything from estate planning to settling the final estate, including tax matters and distributing inheritances. A qualified probate lawyer can ensure that all legal requirements and deadlines are met, minimizing the risk of disputes and delays.
Probate is a complex process that requires proving a will and determining inheritors before assets can be distributed. It can be a time-consuming and stressful task for executors and surviving family members. A probate lawyer can reduce the stress by assisting with various tasks, such as debt settlement, court filings, asset appraisal, and settling claims against the estate.
Hiring a probate lawyer can also save money, as they’re familiar with local laws and will ensure that all legal requirements are fulfilled. They can also minimize estate taxes by utilizing existing tax laws and exemptions, saving beneficiaries money.
During a time of mourning, it’s important to have peace of mind knowing that your loved ones are taken care of after you pass. Working with a reputable probate attorney can provide this peace of mind, as they’ll handle all the legal complexities and help you make informed decisions.
When searching for a qualified and experienced probate attorney, it’s important to do your research. Ask friends and family for recommendations and read online reviews to find the best fit for you and your situation. Once you have a few names in mind, schedule a consultation to discuss your needs and questions. This will give you a better idea of how they can assist and what their fee structure is like. If you’re unable to meet in person, consider a phone or video consultation to discuss your case. This can be a cost-effective option and still give you the same expert advice. However, be sure to factor in the travel costs of the probate attorney if they’re not within close proximity to you. These additional expenses can add up quickly, making it vital to work with a lawyer who’s located in your area.
Dispute Resolution
Probate lawsuits can be emotionally charged and complex. It is important that all parties involved in the litigation take the time to explore alternative dispute resolution (ADR) methods before heading to court. ADR allows disputing parties to work with a neutral facilitator in order to reach a mutually acceptable solution that is less abrasive and costly than litigation. In fact, probate courts often require that disputing parties attempt mediation prior to filing a lawsuit.
Dispute resolution options are typically non-adversarial, but can include arbitration, negotiation and informal settlement conferences. A skilled probate attorney can facilitate the process and help the parties reach a suitable resolution to their dispute. In addition to saving time and money, a negotiated settlement will likely be more satisfying than a verdict handed down by a judge in court.
Moreover, disputes are less likely to arise in the first place when the parties are able to discuss their concerns in a private setting with a neutral facilitator. Disputes in probate are usually about more than just money, and they frequently involve family relationships and history. It is important to consider these factors and how they may affect the outcome of the case when determining whether or not to pursue mediation.
Aside from mediation, a summary jury trial (SJT) can be an effective means of dispute resolution for probate cases. In an SJT, each side presents their case in a shortened form to a jury. The jury will then make a decision, which is advisory only (unless the parties request that it be binding). This alternative to trial can provide a faster resolution to a probate matter and can also serve as a preview of what a potential verdict might be if the case is litigated in a court of law.
It is important to note that mediation and other forms of ADR are not always available for all types of dispute. If a disputing party cannot come to an agreement with other members of the family, it may be necessary to litigate in order to resolve the dispute. However, it is important to remember that courts take a very dim view of parties who file an estate lawsuit without making a good faith effort to settle the matter on a more informal basis. In such cases, the losing party may be required to pay the winning party’s legal costs.
Timely Execution
When a loved one dies, it’s normal for emotions to overwhelm us. This can cause a delay in completing estate planning or other probate tasks. When that happens, a lawyer can help. They’ll provide big-picture insight into fees, taxes, settling debts and other issues that factor into an estate plan. They can also provide insight into unique legal matters that could arise in a particular case such as investments, overseas property or other special circumstances.
While anyone can agree to take on your case, probate attorneys specialize in this area of law. They don’t negotiate injury claims or defend criminal cases and instead focus on probate and trust resolution. They perform the same tasks every day and see the same probate complications on a regular basis so they’re uniquely positioned to know what is critical to your case.
Probate attorneys ensure that your personal representative is following the process set forth by the court. If they’re not, your attorney will file an order to correct the issue. They’ll also prepare a final accounting and distribute assets to beneficiaries and heirs. This includes requesting tax clearance letters from the IRS and filing documents to close the estate.
Your attorney will also assist in resolving any disputes that might arise during the process. This may include a will contest, where an heir or beneficiary believes the personal representative is taking assets to which they are entitled or using estate funds to benefit themselves or family members. Probate litigation is very costly and can significantly reduce the value of an estate.
Even when everything goes according to plan, there can still be surprises. For example, if an heir or beneficiary discovers that the personal representative took a car from the estate without the proper paperwork then they may have grounds to contest the distribution of that asset. In that situation, you’ll need an experienced probate litigator who can defend the rights of your loved ones.
If you have a question about an estate or the death of a loved one, contact our firm to schedule an appointment. Our attorneys have over 60 years of combined experience resolving complex cases and can make the process as easy as possible for your loved ones.
Final Bills and Debts
A person is not always in perfect financial standing when they die. They may have outstanding bills, debts or even tax obligations to pay. Addressing these liabilities is a normal part of the probate and estate closure process.
While the heirs or beneficiaries may be tempted to pay some of these bills out of their own pockets, it is important that they wait and let the executor deal with them as part of the probate process. The executor will prioritize the debts and pay them using estate assets. Creditors are not held liable for the deceased’s debts after death unless they cosigned a loan or otherwise legally obligated themselves to pay back the debt. In addition, creditors are only able to make claims on the estate’s assets once the probate process is complete.
When it comes to paying off outstanding debts, the estate’s executor will work within the guidelines set by state law. These laws determine the priority of different kinds of debts and how they are paid off. Typically, the first priority is for medical bills.
Next, the estate will usually attempt to pay off any outstanding mortgages or other real estate debts. In some cases, a beneficiary can assume the mortgage during or after probate. However, this depends on state laws and the specifics of each case.
After all debts have been paid, the remaining value of the estate will be distributed to the heirs or beneficiaries. A good probate attorney can help the heirs or beneficiaries understand how to go about this.
In some cases, the deceased made verbal promises to certain family members that they would take care of them. For example, a niece may have been promised she would get money to pay for college expenses. Although these promises are not enforceable in court, they can cause a lot of trouble.
The personal representative of the estate must file a report with the court within six months of the date of appointment. This report is a detailed list of all of the assets and debts in the estate. It also includes all receipts for items purchased to pay the claims against the estate and all of the costs that were incurred during the probate process.