Probate is the court process of handling an individual’s estate with judge supervision. Some estates should be probated, if they are extremely complex, contentious, or if the deceased person’s preferences are unknown. But Probate should be avoided by most California families, because it takes a significant amount of time to complete, and because it costs the estate 5-10% of the total value of all assets (without subtracting liabilities, like mortgages or other debts). When parties disagree about the way an estate should be handled, probate litigation is where the dispute is handled.
Unity Law Group is a trial-focused firm, and we take on probate litigation cases that might require presentation of evidence to be resolved. We enjoy the rush of appearing at trial, and we prepare our cases for trial from day one. This actually allows us to be more efficient than most firms who try to avoid the expense and time commitment of trial preparation until it becomes absolutely necessary. We represent trustees in challenges by beneficiaries, victims of trustees who breach their duties, and surviving relatives or significant others fighting for their fair share of a person’s estate.
Yes. Unlike many probate or probate litigation firms, we offer potential clients a free consultation so they can have the opportunity to explain the situation and receive our opinion on how their interests should be handled.
Probate litigation is a deliberate process, with some probate litigation cases lasting years in the courts until a final resolution is reached. ULG is sensitive to the needs of our clients and we are always searching for the best way forward out of the situatiuon that landed them in probate court, however. Some cases settle relatively quickly because of the expense of litigating in probate court.
Take a deep breath and call Unity Law Group today. We are used to the probate system and to all the challenges litigants face when they have to challenge or defend the actions of a trustee. For 16 years and counting, ULG has approached probate court, and probate litigation, with an attitude that our clients will get what they need from the process, and we continue holding that principle close to us today.
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the steps a trustee takes to administer an estate
◇ Trustees play an important role in a deceased individual’s estate plan or trust – they are responsible for administering, or closing, the estate. This involves some general principles but also a few specific steps that are important to remember if you find yourself acting as trustee to a decedent’s estate. Here’s the five steps of estate administration, broadly speaking:
❖ Step One: Safeguard Assets, Documents, and Real Estate
Your primary responsibility as a trustee is to safeguard trust or estate-owned property, so the first step a trustee should undertake is to ensure property is secured, locked up, and safely stored so that theft or beneficiary conduct cannot disturb the property of the estate. The trustee should also research and uncover all possible liabilities (amounts owed by the deceased to others) and keep track of them.
❖ Step two: Notify the Relevant Parties of the Death
A trustee is required to notify several entities: beneficiaries, creditors, government agencies, and other parties when the Settlor of a trust has passed away. There are specific statutes in the probate code that direct a trustee’s actions in this way. Beneficiaries should be informed of the terms of the trust or will (there is a required document to send to accomplish this, too!).
❖ Step three: Marshal Assets and Create an Accounting
The trustee should marshal and consolidate assets so they can be distributed to beneficiaries. This could involve closing various financial institution accounts and putting the trust monies into a single bank account, or selling assets to pay trust liabilities. The property needs to be inventoried and appraised, according to the trust’s language, or pursuant to California law. An accounting needs to be created so that all parties are aware of the trust’s value.
❖ Step four: Ascertain the Interest of Beneficiaries in assets
The trust or will should provide instructions as to how an estate will be split up among heirs. The trustee’s job is to compose those shares from the trust property, and with any tangible property, the trustee should ascertain the interest in valuable property any beneficiary/ies have. Shares of an estate can be composed of physical property, real estate, liquid money, or any combination of these and other trust assets.
❖ Step five: Ensure the Estate is Ready for Closure, and Distribute
Once the debts are paid, the legal requirements are fulfilled, the beneficiaries’ shares are created and funded, and the trust has no more sources of incoming property or money, the trustee should be in a position to distribute the shares to the beneficiaries, according to the trust. Sometimes a trust will provide that a beneficiary only receive his or her share of the estate at a set time in the future, in which case the trustee must manage the share consistent with his or her fiduciary duties.
◇ By following these five steps, a trustee can ensure that an estate is managed properly, distributed as promptly as possible, and administered consistent with the decedent’s wishes as expressed in the trust or will. A lawyer experienced in probate, trust administration, and estate planning can assist a trustee with all stages of this process, as needed. Call Unity Law Group today for a consultation if you think you might need help!
Experienced Probate Litigation Attorneys
