Probate Lawyer Roseville CA
If you are looking for a probate lawyer Roseville CA residents can contact Yee Law Group, PC for reliable legal advice. Our years of experience and determined team of lawyers may help you to understand your options and give you advice on what to do next. For a free consultation with a Roseville probate lawyer call 916-927-9001.
When a Probate Lawyer in Roseville CA Might Be Necessary
If you have read and reviewed conventional legal advice for executors, the first thing you might read is that you should have a lawyer. As you begin the process, this might become more apparent as you realize the complexities of probate court and the state laws. That said, not all executors are required to have a lawyer for court proceedings, but it can help. In general, if the estate is not too large or does not have unusual or excessive assets, you might get by without legal counsel. It still won’t hurt to speak with a probate lawyer Roseville CA trusts for guidance.
Gauging the Need for a Lawyer
If you answer “yes” to any of the following, you may want to have a probate lawyer Roseville CA provides.
Does the estate qualify for your state’s simple “small estate” procedures?
In general the best kind of estate is one that does not require probate. If this is not an option, you can check to see whether or not your state has procedures for a small estate. If so, the probate might be out of court and only require a sworn statement to the party holding the assets. If you are not sure, you can call a probate lawyer Roseville CA has to offer.
Are family members getting along?
Its uncommon for family members to contest a will, but it can happen. If anyone is threatening a claim over the estate, it’s advisable to talk to a Roseville probate lawyer as soon as possible. These kinds of lawsuits can be financially and emotionally draining — so the sooner a lawyer might help to avoid a drawn out battle, the better it will be for everyone.
When probate is necessary, is your state’s probate process simple?
Every state’s probate process is different. Some areas have adopted the Uniform Probate Code which usually results in minimal court supervision. State without this code might have a more complicated probate process.
Does the estate contain common assets only; such as bank accounts, vehicles, and a house?
When estates include businesses, commercial real estate, large sums of money, or other special assets, you should consult with a lawyer. If the estate has large debts, tax problems, or other expenses, a lawyer can be useful as well.
Are there any taxes owed?
Some estates are too small to owe state or federal taxes. In general, most estates will not have to worry about federal tax, but there is a chance of owing state taxes. This holds especially true when the estate is worth at least $1 million. You will most certainly want to get advice from a probate lawyer Roseville CA residents count on for this matter.
Avoiding an Inheritance Dispute
As an experienced probate lawyer in Roseville, CA, we know that there is a record number of families choosing to go to court to fight for an inheritance which they believe is theirs. One might wonder why there are so many more inheritance disputes. Legal advocates, including probate lawyers, believe that increasing property prices are partly to blame, as families who make modest incomes can become considerably wealthy in a short time through an inheritance. Furthermore, many of these families will bring with them divorces, second marriages, half children, stepchildren, and plenty more complications that can result in an inheritance dispute.
Our Roseville, California probate lawyers would encourage anyone who meets at least one of the following to have a will or other estate planning tool:
- You have children or stepchildren
- You are married
- You are divorced
- You have been remarried
- There are already disputes within your family
- You own a business
- You own real estate
- You have significant assets
Avoiding an Inheritance Dispute
The following are tips to help you avoid an inheritance dispute:
Draft a Will and Keep it Up to Date
It is estimated that at least 60 percent of Americans do not have a will or any other estate planning tool. This means when they die, their entire estate will be divided according to the state laws of intestacy. If you die, and have no will, any of your wishes that you had intended for your estate, and that you might have even voiced to your family, will likely not happen. A judge will oversee your estate and divide it according to the laws. For obvious reasons, this can cause significant problems. In general, if there is no will, a probate lawyer in Roseville, CA might be challenged to get any outcome other than what the judge deems to be legal according to the laws.
If you do have a will, you should ensure that it is up to date with any new changes. Failure to do so might mean that someone is left out of your will, or someone is left in that you no longer want to be included. For instance, if you are divorced, but have not updated your will, your ex spouse could inherit everything – regardless of whether you have a new partner.
Make Sure Your Will is Valid
Technically you can create your own DIY will, or use the online software. However, an incorrectly written will could be considered invalid. For example, written expressions that are not clarified correctly, using the wrong wording or punctuation, or an incorrectly spelt name could invalidate a will. In the United States, a will must be signed and dated and have at least two witness signatures. If you do not include this in your will, it can be contested. Speaking with a will planning and probate lawyer Roseville, CA has to offer is recommended.
Talk to Your Named Beneficiaries
Our Roseville, California probate lawyers find that many disputes arise when beneficiaries are surprised by what is included in the will. Although you may have your reasons for what is included in the will, if it’s unclear to your beneficiaries, it can be enough cause for a dispute to occur. You should talk about what is included in your will to ensure everyone understands your wishes as you intended and to prevent any misunderstanding. You can also choose to include a written letter that outlines your reasons for doing what you did.
Save your beneficiaries and loved ones the stress of a will challenge. Make sure the entire process is carried out correctly. You can start by calling a probate lawyer in Roseville, CA from Yee Law Group, PC.
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.
5 POTENTIAL PROBLEMS DURING PROBATE INFOGRAPHIC
5 Frequently Asked Questions about Probate in Roseville, CA
If you’re facing the probate process in Roseville, CA, you might have some questions. What does probate even mean? How do I know if I need a probate lawyer? And if so, how do I find one? These are just some of the questions that people might ask themselves when confronted with this life event. Fortunately, these five frequently asked questions about probate will be answered below.
What is probate?
During probate, a legal representative such as a family member or friend will be appointed to oversee your property and make sure that it is distributed according to your wishes according to your will. This process can take quite some time to complete.
When do I need a probate attorney?
You’re likely to need a probate attorney if you find yourself having to administer an estate for a loved one who has passed away. If there is property or assets that are being transferred from your deceased family member to his/her beneficiaries, you will have to carry out an inventory of assets and handle all transfer paperwork with an experienced probate lawyer. As such, it’s important to have a skilled lawyer by your side when starting through probate because it can be quite complex at times.
Is it difficult to avoid probate?
It depends on a few factors. If your state has established an intestacy law, or if you’ve left all of your property to a spouse or children through a will, it can be relatively easy to avoid probate. Intestacy laws are legal processes that determine who receives what when a person dies without leaving behind a will. In some states (including California), spouses inherit everything automatically unless there’s an official prenuptial agreement drafted and signed by both parties ahead of time (divorce is actually one reason why some people decide to write their own wills). Children also have certain rights when it comes to inheritance — they’re not automatically cut out of inheritance plans just because they aren’t married at the time of death.
Do I have to hire an attorney?
Most people seeking legal help to handle a probate matter choose to hire an attorney for one of two reasons: either because they don’t want to deal with all of the paperwork involved, or because they want to be sure their rights are protected. While you can file for probate without an attorney present, it’s important that you go into it understanding what your responsibilities are. You should also have a clear idea of how much time and money you’re willing to spend on your case; some cases will require extensive research and negotiations with creditors. If you think you might need help from an attorney, start looking now — the sooner you begin searching, the more likely it is that you’ll find someone who can take on your case.
What happens if I don’t appoint someone as my Executor?
If you die without a will and do not have any heirs to your estate, your assets are referred to as intestate. This means that your property passes to an intestate heir or through a succession of probate courts until it is divided among all of your heirs. If you die with a will but do not name an executor or one dies before completing his duties (for example if he is unable to finish tasks due to poor health), then your assets must go through probate before they can be distributed according to your wishes. You may want to consider appointing someone else besides you as an executor for these reasons — not every person named in a will actually follows through on their responsibilities after death.
Contact a probate lawyer at Yee Law Group, P.C. for help today.
Call for a Free Consultation
If you are ready to have a consultation with a probate lawyer Roseville CA has to offer, please call Yee Law Group, PC
“Mike Yee and his team are amazing. They are fast and efficient, but you don’t feel rushed at all when meeting with them. Mike in particular is extremely patient, knowledgeable and articulate, and made the whole process as pleasant as writing legal documents can be. Highly recommended.”