Many people have heard of probate but wonder what it is and what the process entails. To put it simply, probate is the process the court uses to make sure the deceased person’s creditors are paid and that anything left goes to the deceased’s beneficiaries. Unfortunately, probate can be anything but simple, depending on the size and nature of the assets to be administered, the number of parties involved, how well those parties get along, and many other factors. Complex probates are made all the worse by the fact that the family is in a state of mourning and under a great deal of stress. The last thing most families want to deal with at a time like this is the California probate court system.
If you have suffered the loss of a family member and are faced with the prospect of dealing with the California probate court, you do not have to go it alone. We will guide you through the legal maze compassionately, efficiently and with a minimum of stress. We can:
- Help you determine whether probate is necessary or if an easier alternative is available
- Prepare a Small Estate Affidavit that will make probate unnecessary if the entire estate (including real estate) is worth less than $100,000
- Make all of the necessary court appearances on your behalf if probate is indeed necessary
- Oversee preparation and filing of income and estate tax returns for the decedent and the estate
- Quite possibly save tax dollars for the people who stand to receive money and property from the estate
- Help resolve disputes between the parties in an equitable manner
Many people also wonder just how long the probate process takes. While every situation is unique, a few generalizations can be made. In some instances, probate can be completed in as little as six months. For example, if the total value of decedent’s assets is under $100,000, no real property needs to be sold and there is no claim by Medi-Cal, six months should suffice, as long as the court calendar is not unusually crowded.
In most cases, however, the probate process takes much longer. In California, the average time is about sixteen months, and complex probates can go on for many years. Attorney and executor compensation are set by California statute and can be quite costly. In fact, California has some of the highest probate costs in the country.
While much of our practice is devoted to helping families avoid probate entirely, we take a great deal of pride in making the process as stress free and efficient as possible for our clients looking for assistance in dealing with probate. We have efficiently guided many families through the California probate court system, and invite you to contact us to see if we can do the same for you and your family.
Probate Litigation
At Russakow, Ryan & Johnson, we handle all matters related to probate and trust litigation. Our experienced attorneys can assist you in all of the following areas and more:
Reformation of Trusts
Even though many trusts are intended to be irrevocable, mistakes by the original lawyer or radical changes in circumstances make it possible to change many types of trusts.
Will Contests
Will contests turn on matters such as the ability of the testator to make a will, the undue influence of caregivers and others, and the designation of beneficiaries.
Trust Challenges
We undertake any type of trust litigation, including challenges to the validity of a trust or disputes over the appointment of a trustee.
Financial Elder Abuse
We help stop financial elder abuse against vulnerable seniors. We have helped remove predatory caregivers and self-serving relatives from situations involving elderly people and recovered millions of dollars.
Claims Against Fiduciaries
We help people who have been victimized by their financial advisors, trustees, executors, and bankers.
Testamentary Capacity
The ability of a person with dementia or other illness to make a will or establish a trust can be key in will contests, trust disputes, and other estate litigation matters.
Contested Executorships
We represent both executors and challengers to the appointment of an executor, or personal representative, of an estate.
Petitions for Special Administration
We help people, including creditors, file petitions to obtain Letters of Special Administration so that the estate can pay bills and take care of other business before the probate process starts.
Trust Disputes
People establish trusts to protect their assets, while making sure those assets are expended according to their wishes. Like wills, most trusts usually take effect after the death of the person who established them. Interested parties, such as people who are beneficiaries or potential beneficiaries under the trust, can and do challenge trusts. They dispute the way the trust is being administered, the validity of the trust itself, and the appointment of trustees.
Providing effective representation to all parties
Clients in these matters include beneficiaries, fiduciaries, and trustees. We represent individuals, banks, attorneys, brokers, charitable organizations, and families, using our years of experience to help us arrive at solutions that work. If you have questions about the administration of a trust or believe you should have benefited under a trust, contact our lawyers in either Pasadena or Orange County.
Examples of trust disputes include:
- Lack of capacity
- Disputes over trust reformation
- Appointment of trustees
- Removal of trustees
- Breach of fiduciary duty
- Undue influence
- Fraud
- Trust accounting practices
- Claims by beneficiaries
- Technical problems with the formation of a trust
- Trustee misconduct
- Trust contests
In all trust contests like these, our lawyers work with clients to arrive at a solution that represents their interests, while minimizing stress, cost, and time spent on the issue. To learn how our legal team can help you in any dispute over a trust, contact us today.
Disputes over the Ability of a Decedent to Make a Will or Trust.
A common basis for a will contest or trust contest is a challenge to the testamentary capacity of the decedent. This means that an heir is questioning the ability of the testator (the person who created the will) to make decisions affecting the disposition of his or her property. The challenge can be based on the mental illness of the deceased or his or her general incapacity.
Our lawyers work to prove the existence or absence of testamentary capacity. We analyze the circumstances under which the wills and/or trusts were written, review medical records, send people for medical and psychological evaluations, and interview witnesses and neighbors. We use our investigators carefully, making sure our clients receive full value for their investment in our services.
We have assisted people in situations involving:
- Dementia
- Failure to recognize predatory caregivers or neighbors
- Stroke and other illness affecting reasoning ability
- Paranoia
- Neglectful adult children
For any issue related to the ability of a decedent to draft a will, contact our office. Whether you believe you should have been a beneficiary under the will, or are fighting to retain your inheritance, we can help.
