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.
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
If you are ready to have a consultation with a probate lawyer Roseville CA has to offer, please call Yee Law Group, PC