Gardena Probate Attorney

Gardena Probate Lawyer

When a person passes away without a comprehensive estate plan, their assets are typically distributed in probate. Similarly, challenges to trusts or wills can end up in probate court. This can put an unnecessary burden on loved ones, leading to a long and costly process. From creating an estate plan that helps your loved ones avoid probate to representing you in estate litigation, a Gardena probate attorney from Meinzer Law Firm, PC, can be your trusted ally.

What Is Probate?

Probate is a legal process where a deceased person’s will is validated. It includes identifying their assets, paying their debts and taxes, and distributing their property to beneficiaries and heirs. For Gardena residents, this process takes place at the Los Angeles County Superior Court in the Torrance Courthouse. A Gardena estate planning lawyer can explain this process to you when it comes time to draft your will or trusts.

California had 57,836 probate filings in 2021, showing how busy the courts are with these matters. That’s why it’s often advantageous to avoid probate whenever possible, as it saves your loved ones both time and money.

When Litigation Becomes Necessary in Probate

Just because an estate ends up in probate doesn’t mean litigation is involved. Litigation only becomes necessary when beneficiaries can’t agree on asset distribution, parts of a will or trust are vague and need the court to rule on them, an executor has breached their fiduciary duty, or another serious issue has arisen. Mediation is usually attempted before this point, but filing a claim may be the only option when the parties can’t reach an agreement.

How to Avoid Probate

Whether it’s to protect their privacy, speed up the process, or avoid the resulting costs, many people want to avoid probate. Luckily, there are several ways you can avoid having an estate go through probate. These include:

• Living trusts
• Payable-on-death accounts
• Transfer-on-death designations
• Joint tenancy

Similarly, a small estate affidavit allows heirs to collect assets after death without going through probate if the deceased’s estate is valued below the legal limit, which is $208,850 for deaths after April 1st, 2025.

How a Gardena Probate Attorney Can Help

Only three in 10 adults in the U.S. have a will detailing what to do with their assets when they die. Even fewer have a trust. A Gardena probate lawyer can help you set up a comprehensive estate plan that simplifies the probate process or makes it unnecessary. Should a dispute arise, your attorney can represent you in court, collecting evidence for your probate case and helping you fight for the assets you’re entitled to.

Whether you’re an executor or a beneficiary, a probate attorney can assist in filing court documents, valuing assets, and preventing costly mistakes. The laws for probate and estate distribution can be complicated, and there’s little room for error. Let an experienced attorney help.

About Meinzer Law Firm

At Meinzer Law Firm, our mission is simple. We aim to deliver superior counsel, understand and handle our clients’ needs, and exceed their expectations. We achieve this by leveraging our decades of experience in estate law. In every case we take on, we dedicate our values of accuracy, excellence, integrity, kindness, patience, perseverance, reliability, and thoroughness.

We understand how emotionally challenging it can be to create and execute an estate plan. That’s why we approach every case with the compassion and understanding our clients deserve. You can trust Meinzer Law Firm to offer dedicated guidance every step of the way.

FAQs

How Much Are Attorney Fees for Probate in California?

Attorney fees for probate vary significantly depending on the complexity of the case and the experience of the attorney. If you choose a new lawyer without much experience, you can expect to save compared to an established attorney with a long track record of success. Similarly, a simple, straightforward case will likely be cheaper than a complex case with numerous factors at play. Make sure you discuss fees with your attorney when you first meet.

What Kind of Lawyer Do I Need for Probate?

For probate, you’ll want to partner with an experienced estate administration and litigation attorney. You want a lawyer who knows the complexity of probate laws and has proven success in probate cases, especially if they’re similar to yours. While you don’t legally need a lawyer, it’s always a good idea to hire an attorney who can fight for you while you focus on grieving.

What Is the Difference Between an Estate Lawyer and a Probate Lawyer?

The primary difference between an estate lawyer and a probate lawyer is when they get involved in the legal process. Estate lawyers typically assist with the creation of wills and trusts while a person is alive. Conversely, a probate lawyer steps in after a testator has already died, helping oversee the execution of their estate plan. Many attorneys offer both services.

How Much Does It Usually Cost for Probate?

The cost of probate varies from case to case. The cost isn’t typically a set figure but rather a percentage of the estate’s value that goes toward attorney fees, court filing costs, executor or administrator fees, and other expenses. California law establishes some of these percentages in Probate Code § 10810, which sets the fees for attorneys.

Hire a Probate Attorney From Meinzer Law Firm

The last thing anyone wants to worry about after losing a loved one is contending with the complicated laws involved in probate. Whether you’re looking for ways to create an estate plan that avoids that process or you need assistance litigating a dispute over assets, hire a probate attorney. Making a mistake during this process could mean you miss out on assets that are rightfully yours.

Contact the team at Meinzer Law Firm, PC, to discuss your case and learn more about our estate planning and probate services. We can be your trusted ally, helping you create a will or trust, or assisting you through your probate case.