Palos Verdes Probate Attorney

Palos Verdes Probate Lawyer

It’s never easy navigating probate after a loved one dies, but you don’t have to do it alone. A Palos Verdes probate attorney can help guide you through the process, from administration of the estate to litigating disputes. At Meinzer Law Firm, PC, our team is dedicated to offering compassionate and knowledgeable guidance, whether that means helping you craft an estate plan that avoids probate or resolving conflicts stemming from executing a will or trust.

What Does a Probate Attorney Do?

A probate attorney can wear many hats, depending on your needs and when you involve them in the process. You can hire a Palos Verdes estate planning lawyer to help you craft an estate plan that lets your loved ones avoid probate entirely, or you can consult a probate attorney when a dispute arises. Attorneys can also assist in executing the estate, identifying and valuing assets, paying debts, and ensuring beneficiaries and heirs receive what’s rightfully theirs.

Knowing that only 32% of adults have a will, it’s no surprise that thousands of cases have to go through probate every year. If your loved one’s estate is headed to probate, it’s wise to consult an experienced attorney.

The Steps of Probate

If you don’t have a trust or designated beneficiaries, it’s likely that your estate will pass through probate. In fact, from 2022 to 2023, the Los Angeles County Superior Court received 18,111 probate filings. Given how likely an estate is to go through probate, it’s helpful to familiarize yourself with the steps involved.

• Inventorying assets: Identify and list every asset the deceased person owned, including real estate, personal property, bank accounts, and investments, to properly evaluate the estate.
• Notifying beneficiaries of the impending actions: Inform the beneficiaries that the estate is entering probate, provide copies of the will, and explain their rights.
• Filing the estate with the county probate court: Submit the will or request an administrator if none has been selected. Provide the necessary documents, such as the death certificate and asset information.
• Paying off any debts: Settle any outstanding debts, like credit cards, loans, medical bills, and taxes.
• Distributing inheritances: Transfer property as outlined in the will. If there is no will, the court will decide how assets are distributed.
• Addressing objections before closing the estate: If there are any disputes among beneficiaries or claims by creditors, these can be resolved through mediation or litigation if necessary.

Common Challenges During Probate

Probate can be a complicated process even when things go smoothly. However, even with a seemingly concrete estate plan, challenges and disputes can pop up. Some of the common disputes we see include:

• Undue influence
• Mental incapacity of the testator
• Vague or unfulfilled terms
• Breach of fiduciary duty
• Disputes of guardianship over minors
• Disputes over administration

When a dispute arises, it’s often wise to consult an experienced estate attorney. Many times, these issues can be resolved through mediation. However, litigation may become necessary for your probate case if the parties involved reach an impasse.

Why Choose Meinzer Law Firm

When you choose Andrew M. Meinzer of Meinzer Law Firm as your probate attorney, you’re choosing a lawyer with over two decades of experience. One of the primary focuses of our firm is to provide families with comprehensive estate planning and execution services. Above all, we hope to provide our clients with peace of mind during their legal cases.

Our mission is to deliver excellent counsel, understand our clients’ needs, and exceed their expectations. We know that the probate process is never easy, and it’s our goal to help make this already emotional time as simple and stress-free as possible. We’ve helped hundreds of families, and we’re excited to give you the assistance you need.

FAQs

When Is Probate Required in California?

In California, probate is required when the estate of a deceased person exceeds $208,850, and they have no trust or named beneficiaries. While wills often also have to go through probate, there are ways around that. It’s wise to consult an experienced Palos Verdes probate lawyer to determine if probate is required to ensure you’re in compliance with state laws.

How Long Do You Have to File Probate After Death in California?

California has no statutory deadline for filing probate after a person dies. However, there are some practical considerations to keep in mind that may encourage you to file sooner rather than later. For example, banks often freeze accounts after death, and probate may be the only way to access those funds. Acting quickly is also in the spirit of fairness for other heirs named in a will.

How Do I Avoid Probate Fees in California?

To avoid probate fees, you’ll need to use estate planning tools like trusts, joint ownership, or transfer-on-death designations. Smaller estates can often avoid probate, thus saving you on costs. It’s wise to work with an estate planning lawyer to create a plan that avoids probate to save your loved ones from the resulting fees.

Can I File Probate Myself in California?

Yes, you can file probate yourself in California. In doing so, you become a self-represented litigant, but that’s not always a smart choice. You’ll be expected to know all of California’s probate laws that relate to the case, and you’ll be held to the same standards as attorneys while in the courtroom. Making mistakes can be costly in probate court, and you may end up missing out on assets or benefits you’re entitled to without an attorney by your side.

Hire a Palos Verdes Probate Attorney

Whether you want to create an estate plan that helps your loved ones avoid probate, or you have an issue with a will or trust that requires litigation, hire a probate attorney to help guide you through the process. The Meinzer Law Firm can help you with your probate case. Contact us today to discuss your needs and learn more about our services. We can be your trusted partners, from creating your estate plan to helping administrate it.