5 Potential Problems During Probate
Tips from a Roseville, CA Probate Lawyer
If you will have to go through the probate process after a loved one passed away, you may find it advantageous to hire a probate attorney at Yee Law Group. We have protected the rights of families and their legacies for decades. Our probate attorneys understand that this can be a sensitive and emotional time. Call us for a no-cost consultation during which one of our attorneys can answer your questions about the probate process.
Due to the complexity of the probate process, many people choose to consult with a probate attorney at Yee Law Group in Roseville, CA, because of our depth of experience. We have earned the trust of our fellow community members and would like to help your family too. Below are some common problems that can arise if families do not work with an experienced probate lawyer:
#1 The Executor Does Not Fulfill Their Role
During the creation of a will, the decedent will usually name an executor to handle their estate after passing. If the executor does not want to fulfill this role or is not able to do so, this person can decline. The probate court will then appoint an estate administrator or a personal representative as replacement. To minimize the risk of this happening, when making a will ask your intended executor if they are comfortable with this role. This does not guarantee they won’t change their mind but at least it won’t come as a difficult surprise to them.
#2 Duties Are Not Executed Properly
The executor of the estate has a fiduciary duty. If an executor or administrator acts on behalf of his or her own interests or fails to complete duties properly, there can be legal consequences. The probate court may remove the administrator and appoint another person to take over the distribution of the assets. Sometimes, beneficiaries choose to take legal action against the executor for breach of contract if the actions resulted in monetary loss due to them not fulfilling their obligations. A probate lawyer in Roseville, CA from our firm can explain this process in more detail.
#3 The Will is Contested
If a family member or potential heir does not believe the will is being handled based on a true reflection of the deceased wishes, he or she can contest the will. If someone chooses to contest, they must provide proof of this in order to stop the probate process. An example would be that the decedent wrote the will under duress or in a fraudulent way. Beneficiaries, heirs, and the executor can provide alternative evidence to show that the will is in alignment with the deceased’s last wishes.
#4 There Are Costly Creditor Claims
Creditors in Roseville, CA have an opportunity to submit claims against an estate. Valid claims will be paid out of the estate’s assets. Creditors must show proof that they have the right to collect a specified amount of money from the deceased. If the representative deems that these claims are not legitimate, the creditor can respond by petitioning the probate judge to determine validity.
#5 The Assets Are Not Discovered
If any assets that are named in the will are not found, it can cause serious delays in the probate process. The administrator will attempt to locate the estate assets that need to be transferred to the beneficiaries. The more clear and specific the details are in the deceased will, the more smoothly the probate process can be performed. When creating a will or an alternative estate planning method, a probate lawyer in Roseville, CA can help make sure that the instructions are clear and accurate.
Call for a Free Consultation
Call us today to schedule an appointment with an experienced probate lawyer in Roseville, CA from Yee Law Group, so we can help you successfully navigate the probate process.