A California probate lawyer is essential to helping you navigate the sometimes complicated world of probate. Whether you are a surviving spouse, a trustee of a California trust, or a Californian who needs estate planning, a California probate lawyer can help answer your questions, prepare documents, and represent you in court.
California is a unique state, with a developed body of law regarding probate, trusts, guardianship, community property, and inheritance litigation. Many people choose to retire to the Golden State, and therefore the California legislature and the courts have addressed the many nuances of probate and trust administration and the litigation that can sometimes occur after death.
Just some of the services that a California probate lawyer can provide include:
- Estate Planning: Preparing for what happens with your assets after your passing is important. A California probate lawyer can help you figure out the estate plan that makes the most sense for you, whether that is a will, a trust, or perhaps even a pet trust. An Estate planning lawyer can also counsel you on the Effect of Divorce or Termination of Domestic Partnership on your estate plan, and whether or not a beneficiary can witness your will.
- Probate Administration: What is Probate in California? Probate in California is the legal process used to distribute a decedent’s assets. A California probate lawyer can guide you through the administration process, and advise you on whether or not a probate administration is even required. If you are serving as the personal representative of a California estate, your California probate lawyer will make sure you fulfill your fiduciary duties. Read 10 Duties of a Personal Representative in California Probate to learn more.
- Probate Litigation: California probate litigation can be stressful, but is sometimes inevitable. Read How To Win A Will Contest in California and California Targets Caregivers Who Marry A Dependent Adult to learn about the different issues that can arise in California probate litigation.
- Securing Surviving Spouse Rights: To secure surviving spouse rights in California, a California probate lawyer is often needed. California widow’s rights include community property rights, and rights to separate property dependent on the other survivors of the decedent. Read Surviving Spouse Rights California to learn more.
- Trust Administration: If you are the trustee of a California trust, a California probate lawyer can advise you so that you remain in compliance with your fiduciary duties owed to the beneficiaries.
- Trust Litigation: Trust litigation in California includes challenges to the validity of a trust, and actions challenging the administration of a trust (bad acts by the trustee). Read Can A Remainder Beneficiary Sue A Trustee in California: Estate of Giraldin, and No Contest Clauses in California Expand to Defense of Invalid Trust to learn more about California trust litigation.
Keep reading the articles on this site to find information for your particular need, and then find the California probate lawyer that is right for you.