Mar Vista Probate Litigation Lawyer

Mar Vista Probate Litigation Attorney

Losing a loved one is one of the most difficult experiences anyone can have. Such times can be further complicated by the responsibilities of administering an estate that is left behind. Dealing with disputes that arise over a loved one’s estate can be overwhelming during a time of grief. At Hinojosa & Forer LLP, a Mar Vista probate litigation lawyer from our firm can provide critical counsel.

About Us

Hinojosa & Forer LLP has decades of experience in assisting clients across a broad range of issues, including probate and estate litigation. We understand that each probate litigation case brings with it unique circumstances, dynamics, and aspects that require personalized counsel.

Our probate attorneys are prepared to offer solutions to conflicts that may arise during the probate process. We can provide you with the dedicated advocacy you deserve.

Probate in California

Probate in Mar Vista is the process whereby an estate is accounted for and distributed after someone dies. In California, this is typically done with the superior court in the county where the decedent lived when they passed.

While probate is not dependent on a person having a will, it is a mandatory process that must be done if someone passes with an estate totaling at least $184,500, depending on the date of death, in assets at the time of their passing.

Assets that make up probate include:

• Real estate
• Personal property
• Investments held by the decedent
• Bank accounts

While the threshold for probate may seem high, it may be important to consider that the average income is over $115k per year. This, in conjunction with owned homes, vehicles, and other assets, means that a large portion of the population will likely have to engage with probate when a loved one passes.

Typically, a representative of the state is selected by the courts to complete the probate process. This requires certain actions, such as:

• Making appropriate filings
• Accounting for the estate
• Paying creditors
• Distributing the assets to beneficiaries

Common Causes of Probate Litigation

Two common causes of probate litigation stem from issues that arise from contestations of the will or trusts, along with breaches of fiduciary duties assigned by probate courts. Contestations of will are commonly the result of suspected fraud or forgery concerning a decedent’s wishes in their will or assets that they possess.

Breaches of duty occur when a person tasked with managing the probate process on behalf of the decedent has acted inappropriately, either through:

• Mismanagement of distributing assets
• Failure to fulfill court-appointed duties
• Any other inappropriate actions

Whether fraud or a breach of duty has occurred, a skilled probate litigation lawyer can untangle issues that may arise during the probate process and ensure equitable resolution under the law. With experienced counsel, such problems during the probate process can be mitigated with sound advocacy and an understanding of your rights.

Why Hire a Probate Litigation Lawyer?

When choosing a probate litigation attorney, it is critical to hire someone with a history of success within the field. Probate is not only a complex court process, but it can also lead to litigation amongst beneficiaries.

To navigate such a process, a lawyer must not only have experience but also the skills necessary to communicate with their clients. They should be able to advise on appropriate options in moving toward a resolution.

With an extensive background in the field of probate litigation, the attorneys of Hinojosa & Forer LLP are prepared to offer their guidance when facing difficulties during the probate process. We understand that facing probate disputes can be an overwhelming experience. Our team has spent years assisting clients through the probate process, so we can offer you experienced counsel and unyielding advocacy.

FAQs

What Is the Difference Between Probate and Estate Litigation?

While probate and estate litigation are related, there are some key differences. Critical among these is that estate litigation is concerned with resolving legal disputes concerning a will, trust, or another aspect of a decedent’s estate. Probate litigation, however, is less about the will left behind but rather the administration and distribution of their assets through the courts, often known as “probate.”

Do I Need a Lawyer for Probate in California?

In California, a probate lawyer is not required for the court process to proceed. However, an attorney with experience in probate litigation laws can be critical when navigating the probate process. Probate courts can be complex and have exacting standards. To deal with deadlines, handle filings, and make sure all relevant forms are in the appropriate order, it is always a good idea to have experienced counsel by your side.

What Starts the Probate Process in California?

In California, if a person dies and leaves an estate worth at least $184,500 in assets, probate must occur within California. Even if a person does not have a will, this process is required. Probate litigation cases typically involve any issues that might come up with filings, asset identification, and distribution during this process.

What Is the Difference Between an Estate Lawyer and a Probate Lawyer?

There are essential differences between estate and probate lawyers. An estate lawyer typically helps a client either plan or litigate issues regarding wills and trusts. They also work to make sure estates are divided equitably. Probate lawyers:

• Facilitate the probate process.
• Make sure deadlines are met.
• Verify appropriate assets.
• Work with the courts to make sure that everything follows the letter of the law.

Hire a Probate Litigation Lawyer

Navigating the complexities of administering a decedent’s assets is no easy task. Neither is resolving conflicts that may arise. It is an unfortunate fact that grief during a loved one’s passing can be compounded by litigation, either from the courts or amongst heirs and beneficiaries. Over a recent two-year period, Los Angeles County alone saw over twelve thousand probate filings.

At Hinojosa & Forer LLP, a Mar Vista probate litigation attorney can deal with issues that may come with the probate process. Our firm can meet any problems you face with informed and stalwart advocacy in defense of your interests. Contact us today to learn how we can assist in your probate case.