- Los Angeles Probate Litigation Attorney
- When Should You File for Probate?
- Do I Need to File for Probate if There was a Will?
- When is it Not Necessary to File for Probate?
- Which Types of Probate Matters Does Schorr Law Take?
- Typical probate litigation disputes involve:
- Why Choose Our Probate Lawyers in Los Angeles, CA?
Schorr Law’s expertise in all real estate matters has naturally lead it to expand into probate litigation involving real estate in Los Angeles, California. Probate litigation involves resolving disputes concerning the assets of a deceased person. The probate and trust attorneys at Schorr Law in Los Angeles can guide you through the complicated probate process. Our experienced team of Probate Lawyers in Los Angeles will help you administer a loved one's estate once probate is complete, whether the estate is simple or complex.
Typically, the probate court will assist the parties in identifying the assets of the estate, decide the payment of taxes and other incidental expenses, and distribute the property among the legal heirs. Often, disputes arise regarding the disposition of assets and the beneficiaries’ rights to the same.
When Should You File for Probate?
Probate is necessary if a person dies without a trust. If a person dies without a trust, the probate law requires a probate matter be opened to deal with the deceased person’s assets. The probate court helps to change title and transfer assets that the decedent is no longer alive to transfer. There are other circumstances where a probate also needs to be opened. For example, if a person dies with a trust in place but there is a dispute over the assets in the trust, the scope of the trust or the management of the trust then a probate petition may also be required.
Do I Need to File for Probate if There was a Will?
Yes. Having a will does not avoid probate. Probate is needed to administer the will and to wrap up the estate. The only way to avoid probate is with a trust in place.
When is it Not Necessary to File for Probate?
If a person has a good estate plan in place, which includes a trust holding title to their assets, the probate may not be needed. As mentioned above, probate may only then become necessary if there is a dispute over trust administration and assets.
Which Types of Probate Matters Does Schorr Law Take?
The Los Angeles probate attorneys at Schorr Law are happy to get involved in contested probate matters. Contested matters include disputes over trust and will administration as well the probating of disputed assets. We like to get involved in the complicated probate disputes. For simple, routine probate matters where there is no dispute, we can get potential clients in touch with a good referral source. We primarily handle disputes.
Typical probate litigation disputes involve:
- Claims that someone improperly influenced the creator of the will or trust;
- Claims that someone improperly took property out of the estate before the subject person died – these real result in Probate Code section 850 petitions;
- Claims that someone mismanaged the estate;
- Competing claims over who should be appointed to administer the estate;
- Claims about who should be trustee of the trust;
- Claims for distribution of the estate; and
- Any claims involving the estate as a whole.
Why Choose Our Probate Lawyers in Los Angeles, CA?
At Schorr Law, we have hands on experience with probate disputes involving real property. Some recent representative examples are as follows:
- A probate dispute where Schorr Law’s client argued it had obtained all ownership or trust property by adverse possession;
- Probate disputes where heirs argue about the validity of trust amendments or changes to a will;
- Representation of a petitioner against competing claims for being appointed administrator of an estate;
- Conservatorship representation;
- Representation of assigned beneficiaries competing against third parties to prove their beneficial interest in the estate over competing claimants who claim to have a superior interest;
- In the past 2 years alone, Schorr Law has been to trial 4 times and probate court, each time we obtained the exact result our client sought at the outset of the litigation.