how to be a great probate litigation lawyer

Full Answer

Do I need a lawyer for a probate litigation attorney?

If the estate has few or no assets, then you will almost certainly need a probate litigation attorney who will take your case on a contingency fee. This is simply because of the risk the attorney takes representing an estate with no assets in it at the start of litigation.

Is probate litigation right for You?

Let’s be very clear, if you think probate litigation is right for you and walk away without taking any action, you could lose some or all of your inheritance. If your case is in the state of California and you’d like an honest evaluation of your case, then give us a call or fill out our contact form.

Who is involved in probate litigation?

Probate litigation is a lawsuit filed by an heir or beneficiary against an executor, administrator, or a third party. Let’s take a look at every person that could be involved in probate litigation.

How do I pay for a probate attorney?

If you are the executor defending the will contest, then you’ll pay your probate litigation attorney on an hourly basis from the probate estate. Your lawyer will only be paid after petitioning the court to approve attorney’s fees and costs.

Chapter 1: What is probate litigation?

Probate litigation is a lawsuit filed by an heir or beneficiary against an executor, administrator, or a third party. Let’s take a look at every person that could be involved in probate litigation.

Chapter 2: When does probate litigation apply to me?

There are many different reasons that you, as an heir or beneficiary, may start probate litigation. The common element for all of them is that you have a reason to distrust the executor or administrator. This may be due to their misconduct, failure to act, or lack of communication.

Chapter 3: 3 questions you need to ask to guide your next step

Your next step is to clearly determine your actual problem. In this chapter, I will give you a few questions to answer. Your answers will help you figure out what your next step should be.

Chapter 4: Based on your answers, create your action plan

If the terms of the will don’t accurately reflect the testator’s true intent, then you will want to consider a will contest. A will can be challenged for a number of reasons, but that doesn’t mean it can be challenged for just any reason. In California, for example, a will can be challenged for any of the following reasons:

Chapter 5: Duties of the executor or administrator

The executor or administrator, otherwise known as the personal representative, has far fewer duties than a trustee. You can see the duties of a trustee here .

Investment of cash

This is what California law says must be done with cash in the probate estate:

Chapter 6: Remedies and damages in probate litigation

At this point, you should have a good understanding if you have a good case to begin probate litigation. But before you begin your case it’s important to know what you may be able to get at the end of your case.

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.

What to do if someone close to you dies?

If a relative or a person close to you has died, you may need help dealing with that person’s assets and debts. This is especially true in these kinds of situations:

What happens when a person dies?

When a person dies, they leave behind memories for their loved ones to cherish. They also typically leave behind an “estate,” which consists of property, bank accounts, and other assets. They may also leave behind debts—sometimes substantial ones. If the person drafted and signed a will, and if the terms of the will and dynamics among the beneficiaries are fairly simple and straightforward, the will’s executor may be able to distribute the estate easily. But if there is no will, or no beneficiaries, or if the decedent has left unpaid debts, the process of probate will be needed to facilitate the settling of debts and/or the distribution of the estate. Probate is also needed to transfer ownership of property to a beneficiary if the property was solely owned by the decedent. And when probate is required, hiring a probate attorney is a good idea. A lawyer who deals with probate will know how to manage estate taxes, access all the estate’s assets, file probate documents correctly, and act as a buffer between feuding family members, if needed. And, most importantly to many who make the wise decision to enlist legal counsel for probate, a probate lawyer can expedite the notoriously slow probate process, and bring closure and peace of mind to everyone involved. Here is how to hire and work with a probate attorney.