The Probate process can be challenging if a person is not familiar with the procedural requirements. Probate is the legal process that is followed to prove the validity of a Will, in essence to ensure no fraud in the construction of the document. Once the document is determined to be valid, the probate process then regulates the transfer of assets contained in the Will to the proper heirs & beneficiaries after a person passes away. Probate can occur if a person does not have a Will, also known as (Intestate). However, there is a different process involved in the distribution of assets if a person passes away without a will. During this process, the assets would need to be identified and appraised before any distribution can take place.
Although this process can be confusing, there is no need to navigate through this this process alone. Contact one of our attorneys here at ABA FAMILY LAW GROUP to schedule a free consultation to review any documents you may have so we can discuss your case and to have any documents explained to you. Your understanding of your case will provide you with the needed relief so you can discuss a well thought out strategy on the best way to proceed with your case.
Generally, having a Living Trust as opposed to a Will can avoid probate since in a Living Trust, a Successive Trustee is selected prior to the Trustee passing away. At that point, once the Trustee passes away, the Successive Trustee will step in as the Trustee to follow the instruction of distribution left by the original Trustee.
However, there are circumstances where Probate would be necessary concerning the Trust. If there are issues of fraud during the creation of the trust or if the Trust was created under threat or duress. Probate would also be necessary if there are issues with the Successive Trustee not following their duty owed under the trust. If you have questions or concerns with a Living Trust, one our attorneys here at ABA LAW GROUP would be happy to meet with you for a free consultation to discuss any issues of concern you may have regarding a Living Trust if you intent to file a Trust Contest. If this may be your intention, it’s imperative to remember that in the State of California a person has a limited amount of time to file a proceeding with the probate court. So it would be important to contact one our attorneys here at ABA LAW GROUP with close to 38 years of combined legal experience so any necessary case filings can be done timely.
Legal issues can create anxiety and difficulty, let the attorneys at ABA LAW GROUP work with you to ensure your rights are protected and to keep you informed throughout the process.