PROBATE DISPUTES.

How probate works is a source of a headache for many involved with the distribution of an estate. The probate process is where a court decides both the legal and financial aspects of the decedent’s estate such as real and personal property, other assets, debts and creditor claims, and inheritance rights. One aspect that lengthens the probate process is the variety of different forms involved in each county (i.e.,California Probate Code, Florida Probate Code, Missouri Probate Code.) Probate forms must be correctly filed and submitted by the executor of will to ensure that the probate process runs smoothly. Yet, an administrator of will is often appointed because they are a loved one – not because they know how to do the job. Without the help of a probate lawyer, executors may unknowingly violate probate laws, leading to trials and feuds that lengthen the probate process and make it more costly. Also, will beneficiaries and heirs may dispute or contest how the decedent divided the estate in probate court. With every dispute, beneficiaries stand to gain or lose some portion of the estate – leading to heated legal probate encounters that may cause strife between loved ones. A probate attorney will save you time and money, and help put you in a position where you can move on with your life.

How to contest a will is a specialized area of law. When the financial well-being of beneficiaries and heirs is on the line, both beneficiaries and third parties often fight for what they believe is an equitable portion–especially in the case of high-wealth estates and trusts. What happens next is called “disputing a will” or “contesting a will“, which may lead to the courtroom. It’s essential to have an estate attorney who can provide you with the expertise needed to handle will disputes, trust disputes, or other issues concerning the estate. In either the trust or probate process, common issues may arise such as: 1. The validity of the trust or will; 2. The executor of will, trustee or conservator mismanaging the estate; 3. The validity of other legal documents involved; 4. Accounting errors; 5. Creditor claims to a portion of the estate; and 6. Other variables that can complicate and delay the entire process. All these issues increase costs that may be paid for by the estate and reduce its value. The number of problems arising from a will dispute, trust dispute, estate administration, or trust administration can be overwhelming. However, an experienced estate attorney or probate lawyer offers you the clarity to handle any dispute that arises in or out of he courtroom.

A trust is where a trustee, or a trust administrator, is legally nominated or appointed to manage trust assets for beneficiaries. Trusts are often the most attractive option for estate planning, because trusts can reduce the hassles and costs of estate administration and expedite distribution without enduring probate. Routinely, a will is used together with a trust to ensure every aspect of an estate is distributed properly. However, trusts are not protected from the possibility of disputes, contests, and litigation. How to administer and dispute a trust is complex issue. Issues include: 1. The validity of the trust or will is contested; 2. A trustee mismanages the trust estate; 3. The validity of legal documents is contested; 4. Accounting errors are discovered; 5. Creditor claims need to be denied or approved; 6. Trustees have breached their fiduciary duties, such as misconduct or fraud. If any of these issues arise, then it is the role of a trust attorney to ensure those parties face legal repercussions. Without an expert trust lawyer to prosecute these claims or defend against false allegations, chances of success are marginal, at best.

Financial elder abuse is a crime that exists behind closed doors. Even if your loved one denies or cannot express that they have suffered financial elder abuse because of undue influence or incapacity, you have the power to bring the abuser to justice. Criminal or civil financial elder abuse crimes can include embezzlement, theft, forgery, or fraud, but generally fall under the umbrella of someone using an elder person’s property for wrongful purposes, usually their own. Prosecuting claims for financial elder abuse requires an experienced attorney who understands capacity and undue influence issues, and can track the legal documents and transactions that can indicate how a caretaker (or close family member) has taken advantage of your loved one. Conversely, if you have been wrongly accused of financial elder abuse, you will need to be able to demonstrate that the transactions at issue were not the result of undue influence, incapacity, or some other wrongful act such as forgery.

RMO has offices in Los Angeles (Century City), San Diego, Orange County (Costa Mesa), Kansas City and Miami. We provide cost-effective law and legal services in Greater Los Angeles, San Diego, Beverly Hills, Santa Monica, Irvine, West Los Angeles, Anaheim, San Bernardino, Riverside, Palm Springs, Ventura, Oakland and San Francisco. We serve all counties in California, including Los Angeles, Orange, San Diego, Alameda, Riverside, San Bernardino, and Ventura counties.