Navigating The Challenges Of Probate

Last updated on December 19, 2024

When a loved one passes away, the process of distributing their assets, closing accounts and other estate needs is known as “probate.” This process can take months or longer without the guidance of a skilled probate lawyer. If you are facing the challenges of probate, make sure you have a skilled attorney by your side to help.

At the Law Offices of Tecla M. Lunak, APC, we have extensive experience representing clients throughout Palm Desert and the Coachella Valley with their probate needs. We are fluent in California law surrounding these matters and can help you overcome any of the challenges that may appear in your probate resolution process.

How We Help Our Clients

Every client we help has unique needs, and their probate process is just as unique. No matter how challenging your probate needs seem to be, we can resolve them quickly and efficiently. Some of the challenges we help our clients with include:

• Trust disputes: When someone challenges the validity of a trust, it can change the entire outcome of the probate process. Whether you are defending or challenging the trust, our experience can be an essential advantage.
• Breach of trust: If a trustee (the person responsible for managing a trust) fails to fulfill their obligations to their position, they may be accused of breaching the trust. Our skilled probate lawyers can represent you, whether you are being accused of the breach or you are accusing someone.
• Guardianships: When a minor or incapacitated adult is required to make financial decisions in the probate process, a court-appointed guardian is often necessary to preserve the child’s or adult’s best interests. We can oversee the guardianship process to ensure everything is on board.

If these or other issues arise in the resolution process, you can rest easy knowing we are handling things. Instead of probate taking a year or more on your own, let us shorten things to weeks or months.

Frequently Asked Questions About Probate In California

Many of our clients want to know more about how probate works, why it may be necessary and what they should know about the process. At the Law Offices of Tecla M. Lunak, APC, our attorneys are here to help answer any questions you may have. Here are some frequently asked questions:

How long does probate typically take in California?

In California, there is no easy way to tell how long the probate process can last. In many cases, probate will last for only a few months – but executors and beneficiaries should be prepared for the probate process to last over a year. This can happen if the deceased’s estate is sizable or complicated. Our attorneys can help you outline the steps needed to complete the probate process and reduce the time it takes to settle an estate.

What are the duties of the personal representative in probate?

The personal representative in probate is also called the executor of the estate. The executor has several duties, including collecting death certificates, contacting beneficiaries and heirs, locating assets, contacting banks and creditors, paying debts and taxes, and distributing remaining assets to beneficiaries. An executor can and should seek legal representation to help them fulfill their legal obligations.

Can probate be avoided?

In some cases, yes. An estate plan can be set up to avoid probate. The reason a testator would want to avoid probate is to help ensure the distribution of assets is done smoothly, timely and in a cost-effective manner. One way that probate can be avoided is if a living trust is drafted to transfer the ownership of assets to a trustee. The trustee is then responsible for managing assets and transferring trust funds to beneficiaries. But that is not the only way to avoid probate. Our attorneys can explain more.

What happens if someone dies without an estate plan in California?

Dying without an estate plan is called dying “intestate.” At that point, the state will take over the probate process, appointing a personal representative as it sees fit. The estate’s final distribution will be according to state law, which may not reflect the deceased’s wishes at all.

Let Us Keep Things Simple

If you are dealing with probate, do not go through it alone. Call our Palm Desert probate lawyer for the guidance you need through your probate needs. Contact us by emailing us here or calling 760-621-6113 to schedule your initial consultation today.