When a person passes away and leaves a will in California, then his or her estate will be divided up according to the terms of the will. This can't be done, however, until the estate has passed through the probate process. During probate, the will is examined to determine whether or not it is valid.
Creditors are then notified that the estate is in probate, and they are given up to four months to pursue claims for outstanding debts. Beneficiaries and other potential heirs are also notified, giving them the opportunity to contest the will or take any other actions. Our Roseville probate lawyers want to guide you through, expediting the process in order to mitigate any unnecessary stress.
Whether you are seeking probate avoidance strategies, probate litigation counsel, or any other probate guidance, we at Herrig & Vogt, LLP have the knowledge and dedication you need on your side. We proudly represent clients throughout Placer County, Sacramento County, El Dorado County, and the surrounding areas of California.
Many of the clients who come to Herrig & Vogt, LLP for assistance with estate planning are concerned with ensuring that their estates will avoid probate. This is because a probate can cause additional stress and financial burdens for an individual's loved ones.
If you are concerned with ensuring that your estate will not be required to pass through probate, our Roseville estate planning lawyers may be able to help you implement strategies for avoiding this requirement. For example, we might advise you to establish a trust, which involves transferring funds and assets into the trust so that they will no longer be part of your estate.
Assets in a trust will never be subject to probate, given that it has been transferred out of your name. However, we may also be able to draft your will in a way that minimizes the impact of probate and to simplify and expedite the process. Additionally, if the value of the estate is below a certain amount, your heirs may be able to avoid probate by filing for a simplified procedure.
When we meet with you to review your situation, we will carefully discuss your priorities and the nature of your case to determine whether or not it should be a priority for you to avoid a probate of your estate. While it is a common intention of estate planners to do everything they can to avoid probate, you should not necessarily think that probate is an entirely negative thing.
If you face the prospect of probate litigation, you need an aggressive attorney on your side. Legal disputes involving probate can easily drag on for months and have the potential to be enormously draining - physically and emotionally - for all sides.
With us fighting for you, you can minimize the amount of time and expense involved in a will contest or another type of litigation, while also maximizing the likelihood that you will receive the amount that you deserve from the estate. Don't take chances with the outcome of the situation. Let our Roseville probate attorneys represent you and fight to safeguard your interests.
Contact us now at (888) 901-8229 or online for a free case evaluation!
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