Probate Litigation

Probate litigation is sometimes necessary to protect the rights of beneficiaries or heirs, potentially due to an unclear or poorly drafted will or due to a dispute among family members. Probate law in California can be complicated and these matters may easily become hotly contested due to emotionally charged issues and legal complexities.

Trust Administration

As Trustee of a trust, you have a duty to administer the trust pursuant to both the trust provisions, and relevant law.

When a trustmaker passes away, several items are put in motion.  While administering a trust estate is significantly easier than administering a probate estate, there are still several steps that must be followed, and laws that must be adhered to.

Valid Wills and Revocation

What constitutes a valid will? Can great Aunt Sally create a valid will by writing “I leave all of my earthly possessions to my cockatiel Cornelius. – Sally” in lipstick, on her vanity mirror? Does it need to be witnessed or notarized? 

A testator (the person making the will) generally must be 18 years old to make a valid will in California, unless they’re an emancipated minor.

Protecting Family Wealth

You may be familiar with the term, “shirtsleeves to shirtsleeves in three generations.” It refers to the notion that a wealthy estate built up by one generation will have been lost by the third generation. Its English translation is often attributed to American industrialist and philanthropist Andrew Carnegie, but the adage is neither unique to English, nor modern.

What does Probate Administration consist of?

Probate administration entails, at its most basic:

Submitting the Decedent’s will (if there is one) to the appropriate Probate Court (“the Court)”;
Obtaining Letters of administration (with or without a will) and an order for Probate;
Providing proper and timely Notice of Petition to administer the Decedent’s estate, and filing proof of same with the Court;
Attending the hearing on Petition, or telecourt appearance for same;
Filing Duties and Liabilities of Representative or Executor;
Obtaining a taxpayer identification numbers;
Notification to proper government agencies;
Obtaining and submitting proper documentation for the purpose of attaining authority over the Decedent’s assets;
Identifying and gaining control of the Decedent’s assets;
Maintaining the Decedent’s assets (maintaining the condition and safety of real and personal property; making appropriate investments; ensuring cash accounts are held in interest-bearing accounts);
Arranging preparation of final personal income tax returns, and for estate returns;
Preparing and submitting Inventory & Appraisal of Decedent’s date of death assets to probate referee;
Paying debts not requiring formal claims;
Approving or Rejecting creditor claims;
Filing and Inventory & Appraisal with the Court;
Keeping track of all income, receipts, costs and losses, and providing a formal accounting to the Court;
Preparing and submitting a Final Order with Accounting and Proposed Distribution, which also requires giving proper notice to beneficiaries and other necessary parties, and filing Proof of same;
Determining and paying statutorily calculated fees for attorney and representative/executor;
Attending hearing or telecourt on same;
Making court-ordered distributions and obtaining Receipts;
Filing Receipts;
Filing Petition for Discharge of Representative or Executor;

In addition to these tasks, handling Objections to, e.g., the Petition for Probate, or to a Claim rejection or to the Proposed Final distribution, may be necessary.

What is Probate?

Probate is the process whereby the local Probate Court, pursuant to state and local rules, oversees the administration and disposition of a Decedent’s estate.  The main purpose of probate administration is to ensure proper distribution of the Decedent’s estates to his or her heirs, as well as ensure the Decedent’s outstanding, valid creditors are properly paid.