Why Should I Hire a Newport Beach Probate Lawyer?

It is technically possible to go through probate without legal representation. However, the process is much more challenging than many people expect. You could face a dispute you do not know how to resolve or feel the proceedings are unfolding entirely outside of your control. Having an experienced attorney help you through your case is an invaluable advantage in a challenging legal process.

Your Newport beach probate lawyer can assist you in every phase of the legal proceedings you face after the death of a loved one. Probate is most common after a person dies without a will or any other estate plan, but it is also possible for probate proceedings to unfold even if the deceased had a plan. Disputes can arise for many reasons, and the formal legal review of a will or other estate planning document may expose problems that the family may not know how to address on their own.

Hiring an experienced Newport Beach probate lawyer is an investment in your peace of mind and your family’s financial future. You will be able to rely on your attorney for guidance through the preliminary stages of your probate proceedings. They will also help you address the critical areas of concern most likely to generate disputes and legal complications for you and your family. Then, as your case unfolds, your attorney will provide support and reassurance, helping you ultimately reach the best possible outcome for your probate case.

What Does Probate Involve?

When a person dies without a will or other estate plan, all their property becomes “intestate.” California’s intestate succession law then determines which surviving family members will inherit the deceased’s property. However, any outstanding debts owed by the deceased must first be calculated and repaid, and the remaining estate contents are then disbursed under the laws of intestate succession.

Intestate succession in California typically dictates that the deceased’s surviving spouse or domestic partner is first in line to inherit property from the deceased’s estate, followed by their surviving children. Extended family members are next in line if the deceased did not have immediate family. If the deceased has no family at all, intestate succession laws typically dictate that anyone who can prove financial dependence on the deceased or a valid legal claim to the contents of the deceased’s estate would be next to inherit property from the deceased.

Under ideal circumstances, probate is simply a formal legal review of the estate plan in question, verifying that it is legally enforceable and then distributing the contents of the estate according to the wishes of the deceased. However, circumstances are rarely ideal in these situations. Many people die without estate plans, and even relatively comprehensive estate plans can still leave room for dispute and debate.

Common Causes of Probate Disputes

It’s common for a probate case to appear straightforward, only for unexpected disputes to arise concerning various aspects of the estate. Some of the most common types of probate disputes in California include:

• Contested wills. A family member or other beneficiary may claim that the will in question is unenforceable. For example, they may allege that it was created unlawfully, that the creator lacked the mental capacity to create a legally enforceable will, or that it was created under duress. It is also possible for family members to produce conflicting versions of the deceased’s will.
• Beneficiary disputes. Some beneficiaries may allege that other beneficiaries have disinherited themselves in several ways. For example, they may allege that a beneficiary has been alienated from the family for too long and has lost their right to claim any of the deceased’s estate. Otherwise, they do not qualify to inherit property due to criminal convictions or other behaviors.
• Will revision disputes. A beneficiary may raise a dispute regarding a will if a long time has passed since the last time the will was revised. They may assert that the deceased’s circumstances at the time of their death differed from their circumstances when the will was last revised;therefore, the will is no longer an accurate representation of the deceased’s last wishes.
• Multiple asset requests. Family members may request to inherit certain pieces of property when a family member has died without an estate plan in place. Judges handling probate administration typically use the state’s intestate succession laws as guides for these situations. If multiple family members all attempt to lay claim to the same asset, the final decision will likely come down to the judge’s interpretation of intestate succession laws and the nature of each beneficiary’s request.

When probate disputes arise, family members often feel that the resolutions are entirely out of their control and that the judge handling the case has the final say on each dispute. This is often true, but it’s easier to approach complex probate disputes and navigate them effectively when you have reliable legal counsel advising you. Sweeney Probate Law has years of experience helping clients in Newport Beach and surrounding areas navigate their probate cases with greater peace of mind and a firmer understanding of the laws in play in these cases.

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

Probate lawyers excel at guiding their clients through complex probate proceedings. While commonly conflated with estate planning attorneys, estate planning attorneys typically focus on helping their clients create estate plans that will help their loved ones avoid probate as much as possible. There is often some overlap between probate attorneys and estate planning attorneys, as many legal teams offer both forms of representation to their clients. However, if you are expecting to face a problematic probate case, it is essential to consult an attorney who has specific experience with probate, not just estate planning.

How Much Does a Probate Lawyer Cost in California?

Most probate lawyers working in California will bill their clients based on the estate’s total value in question. The higher the estate’s value, the more complex it will be to resolve probate disputes regarding the estate. Before hiring a Newport Beach probate lawyer, carefully review their billing policy, so you know what to expect regarding the total cost of their representation. Also, remember that if your probate case involves intense litigation, your attorney may bill you by the hour for the time they spend representing you in courtroom proceedings.

What to Expect in Newport Beach Probate

There is no single strategy for approaching a probate case in Newport Beach, CA. Every case will involve unique issues that the family must be prepared to address, and having the right attorney assisting you during these proceedings is invaluable. Your probate attorney should begin handling your case by assessing the areas of the estate in question most likely to generate disputes. Then, depending on the breadth and scope of your probate case, you can rely on your legal team to provide several valuable services as your case unfolds.

You may need to rely on your attorney to help the executor of the deceased’s estate understand and execute their legal responsibilities. In some cases, a probate attorney may act as an executor, and other cases may require them to advise clients as the probate court resolves the outstanding legal issues involved in their case. Ultimately, it’s vital to find a Newport Beach probate attorney with the experience and resources necessary to handle the unique challenges your case will likely present.

Sweeney Probate Law specializes in guiding clients through complex probate cases. We understand that the emotional distress you are likely to experience after losing a loved one can make confronting legal proceedings exceedingly difficult. Our goal is to help you approach the probate process with peace of mind. You will have reliable legal counsel available to you when you need it most, and we can help you understand the various legal challenges your case is likely to present. If you are ready to discuss representation for your upcoming probate case with an experienced Newport Beach probate attorney, contact Sweeney Probate Law and schedule your consultation with our team.