how to be a great probate litigating lawyer

by Dessie Schaefer 7 min read

Your attorney should be competent, compassionate and honest. A competent probate law attorney knows the law. A compassionate probate attorney will ask the client what the goals are.

Full Answer

What makes a good probate lawyer?

Providers who respond quickly, answer questions thoroughly, and communicate politely score higher. A Los Angeles-based attorney, Gerald M. Yaroslow, is a certified specialist in estate planning, trust, and probate law. A significant part of his practice involves guiding executors and administrators through the California probate process.

Who is the best probate attorney in Los Angeles?

Mitchell A. Port is a probate attorney in Los Angeles with more than 40 years of legal experience. He represents individuals and families in court cases concerning probate disputes, guardianship and conservatorship, wills contests, real estate, and trust disputes.

Why hire the estate planning&elder law firm?

The Estate Planning & Elder Law Firm provides personalized legal counsel to clients in Los Angeles. Since 1990, Richard Seff has been focusing on helping families and individuals in the areas of probate and trust administration, estate planning, asset protection, and elder law.

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What is probate litigation?

Probate litigation also provides information, advice, and legal representation when contesting a will or disputing a trust. A will or trust may come under dispute if it’s changed under suspicious circumstances, contains ambiguous wording, mistakes, or omissions. In any case, a court’s wisdom will be needed to resolve disputes.

How long does probate litigation take?

Probate litigation cases take years.

What is undue influence in probate?

Undue influence and incapacity go hand in hand. In case the decedent lacked the mental ability to make a good judgment about the distribution of their assets, a probate litigation attorney can argue in court to get the will or trust tossed. Tortious interference with a testamentary expectancy.

What is the purpose of a last will and testament?

The purpose of a last will and testament is to express your wish for how your wealth is to be shared among heirs and or beneficiaries after your death and who will be in charge of your wealth until its ultimate distribution. However, in some probate processes, disagreements arise.

What happens if you don't leave a will in Orange County?

ORANGE COUNTY PROBATE ATTORNEY. (DEEP BENCH COURT TIME) If the deceased didn’t leave a will, the court relies on state law to distribute the assets. However, a last will and testament would have made the process smoother.

Can a probate lawyer represent you in court?

While the latter is also familiar with estate planning, wills, and trusts, that is just about the extent of their specialization; they won’t represent you in probate court. A probate litigation lawyer is a trial attorney with experience in estate planning, wills and trusts, and the judicial process involved in disputing a will or trust.

Can you challenge a will in California?

But you cannot just challenge a will or trust because its terms are not favorable to you. See, there are four legal causes to contest a will in California. These include the following:

What is the most important thing to have in a probate lawyer?

One of the most basic, yet vital qualities to have in any lawyer, including a probate attorney, is effective communication. This is because every aspect of the job requires the individual to communicate with others. This includes talking to the executor, to the court, and to the client.

What kind of lawyer is probate?

Distinctly, there are two kinds of probate lawyers. This includes transactional lawyers and administrative lawyers. While transactional probate lawyers are responsible for handling administrative matters, a litigator is required to represent clients in lawsuits.

What should I look for in a lawyer?

One thing you should look for in any type of lawyer is integrity. Legal proceedings can be very murky and unethical. However, if you believe in upholding your moral values throughout the proceedings (as you should), you must hire a lawyer who has the same belief system as you.

Why is it important to have a will?

This ensures that no disagreements arise regarding an individual’s legal, economic, or social affairs upon their death. A survey conducted in the U.S. also substantiated the importance of wills and estate planning.

Is it a cake to settle an estate?

Settling an estate is not a piece of cake. Depending on the nature of the case and the number of relatives and creditors that lay claims on the estate and dispute the will of your loved one, the probate process can get quite murky and stressful.

Is it hard to lose a loved one?

Losing a loved one is very hard. The closer the relationship is, the more difficult it is for you and your family. At such a time, estate planning and probate might seem like the least of your concerns. Yet, these issues need to be resolved swiftly.

Is probate a good lawyer?

Never opt for a probate lawyer who is just starting out. This does not mean that a fresh lawyer might not be a good one. No one can be a good judge of someone’s skill. However, the fact remains that in every field, there is a lot that you learn on the job.

How many years of experience do you need to be a probate lawyer?

It is essential to find a lawyer who has more than four years of experience in handling the probate matters—furthermore, an attorney who can handle all the paperwork and knows all the laws. If the deceased has real estate property, then the lawyer should also have expertise in actual property laws.

How to find a lawyer?

Where Can You Find One? 1 Look for their biographical information such as law school, experience etc. 2 You can search for a lawyer in a law firm. You can read their information from the law firm website. 3 After that, find and approach their former clients and ask questions about the attorney. 4 You can also search the website of the state bar association. 5 Does the lawyer is licensed and is a certified probate lawyer? These kinds of certificate can give you an idea about his or her experience. 6 Furthermore, you must ask about their fees. Usually, the probate lawyers ask for a lot of money. So, it is essential to discuss the money matters before hiring a lawyer. 7 Does the attorney have skills in dealing with cases like yours? 8 If you are a foreigner, then you need a lawyer who can speak your language.

What happens if a will does not name you as executor?

If the will does not name you as an executor. The executor is dead or not available. Or the existing lawyer is not doing a good job. First, you need to know that there are two types of probate attorneys.

Who is the attorney for probate in Los Angeles?

Los Angeles Probate Lawyers is a team of probate attorneys in Los Angeles headed by John Donahue. Donahue has 20 years of experience in probate and estate administration, trusts, wills, elder law, and estate planning. The team deals with probate litigation, disputes, and administration. They also handle consultations on California probate laws and ways to avoid probate. Furthermore, the team handles trust administration, trust litigation, accounting disputes, and other issues relating to trusts and wills.

Who is Lionheart Legal?

Dilair Nafoosi, attorney and member of the Los Angeles County Bar Association, Lionheart Legal is a law firm in Los Angeles that offers legal advice to heirs and trustees left with a deceased loved one's will. Lionheart Legal brings both its compassion and professional knowledge into practice to smooth out conflicts that may arise between representatives and receivers of decedent's assets. If a compromise cannot be reached, probate attorneys at the firm are willing to go to trial if necessary.

What is Glaser Weil Fink Howard Avchen and Shapiro LLP?

Glaser Weil Fink Howard Avchen & Shapiro LLP offers probate services in the Los Angeles area. The full-service firm is often called upon to handle complex issues in trust administration and the probate process for individual and corporate trustees as well as personal representatives and also deals with probate litigation for beneficiary disputes, disputed creditor claims, and other matters. The office was named in U.S. News & World Report's 2017 list of Best Law Firms.

What is Amity Law Group?

Amity Law Group LLP is a Rosemead-based law firm that provides probate and estate planning services. It serves clients throughout the Los Angeles and Inland Empire areas of California. The firm provides guidance to individuals who have been named executors of estates, and it also provides counsel in contested probate litigation cases. Additionally, the firm advises clients in matters related to health care directives and powers of attorney. Its attorneys offer service in English, Mandarin, Cantonese, Taiwanese, and Vietnamese.

Who is the DLJ law firm?

The DLJ Law Firm is a law office based in Los Angeles headed by Dorian L. Jackson, Esq. Its team of legal professionals can help their clients acquire the necessary estate planning documents such as Advanced Health Care Directives and power of attorneys. This law office is also adept at litigating probate disputes, which is why it can draft comprehensive and customized estate plans. Jackson has been featured in Super Lawyers Magazine, an online publication that recognizes outstanding legal practitioners.

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