Sacramento Probate Lawyer Helping Clients with the Probate Process
Going through probate can be challenging, especially during the delicate time of mourning for your lost loved one. In California, many estates must go through probate to ensure all debts are paid, inheritances are distributed fairly, and estate taxes are settled. During this process, the executor oversees each transfer and ensures the decedent’s wishes are honored.
You may wish to hire a probate law firm to help you navigate this difficult process, especially if you are named executor of the estate. An elder law attorney, like those at Yonano Law Offices, P.C., is an excellent resource for ensuring that each step of probate goes as planned. If issues arise, your lawyer can assist as you petition the court to change the estate documents and how the assets are distributed. Call us right away for a legal team that can help you with every probate need you may have. Call 916-894-8790 today!
What Are the Steps of Probate in Sacramento?
Estates of people who die in California often go through probate. The exceptions are for estates smaller than $184,500 or those protected by trusts and other estate planning instruments. During probate, creditor claims are handled, and the inheritance is passed on to beneficiaries. This includes assets such as real property, life insurance policies, bank accounts, and other items of value. Many lawyers help their clients avoid probate if possible, but chances are your loved one’s estate assets must go through these administrative proceedings.
If probate is necessary during the estate administration of the deceased person, these are some of the steps you can expect to go through:
- Inventorying the funds held in the estate
- Validifying the last will
- Assigning guardianship to any minor children
- Paying off creditors if the decedent owed any debts, such as a mortgage or credit card debts
- Distributing assets according to the beneficiary designations the deceased person left behind
- Handling taxes owed on the estate
What Problems Commonly Arise During Probate in California?
Probate administration can be a complicated process. The administrator appointed by the Court oversees the process and reports on each step along the way to the probate court. They must account for the assets owned by the testator or person who passed away. The executor also oversees any transaction that occurs when paying off creditors and taxes.
With so many moving parts, it’s easy for the estate administrator to run into challenges or make mistakes. This is when an estate lawyer is helpful. Hiring a probate litigation attorney may also be necessary if anyone wishes to contest the will or the executor’s actions.
Some problems during probate that could require the help of a probate lawyer are:
- Disputes among beneficiaries regarding who receives what inheritance, including the surviving spouse and children, other relatives, and non-family members who benefit from the deceased’s assets
- Accusations of dishonesty or breach of fiduciary duty by the executor
- Problems with payments to creditors and the IRS
- Beneficiaries not notified of the probate proceedings
What Does a Probate Attorney Do?
A probate attorney stands as a solution for each problem that arises during probate. Your lawyer will guide the executor through each step to be sure that all of their duties are met according to California law. They can also ensure that the deceased person’s wishes are met and that each beneficiary is treated fairly.
Some other duties of a probate lawyer include:
- Inventorying estate assets, including trusts, real estate, businesses, retirement accounts, and other funds
- Notifying beneficiaries of proceedings and events that affect them
- Resolving disputes among beneficiaries
- Filing petitions in a timely manner
- Holding executors, administrators, and trustees to their fiduciary duty
- Investigating any scenarios that could lead to the will being declared invalid
- Contesting the will and trust, if necessary
- Standing by your side during any litigation that occurs
Should You Hire Our Probate Attorney?
If you and your family are going through the probate process in California, you may be feeling stressed and overwhelmed by the many steps in these complex proceedings. Please understand that you do not have to do this alone. With Yonano Law Offices, P.C. on your side, you can proceed with confidence that the probate process will be handled correctly and that your loved one’s assets will be distributed in the manner they wished.
Your family has gone through enough after losing your loved one. You deserve excellent legal counsel and representation you can rely on. Our law firm has been helping families through probate for decades, giving us the experience and skill necessary to deal with any issues that may arise. Attorney Yonano is also a licensed real estate broker in California, which provides him with the knowledge required to resolve complications while handling real estate transactions during probate.
We are ready to answer your questions and give you hope as you enter the probate process. Whether you are an executor who needs help administering an estate or if you are a family member with concerns about how your loved one’s assets are being handled, we have answers. We promise to take the time needed to resolve your concerns and will fight for your rights. Call our Sacramento office today at 916-894-8790.