For individuals who have passed without a trust or who have assets that were not included in a trust, probate may be required for the estate. Probate requires an inventory of the individual’s assets, payment of debts and taxes, notification to beneficiaries of the estate and distribution of the estate to the beneficiaries. Probate can be a costly and lengthy process. Statutory fees can add up to 2-7% of the total estate value. Distribution of the estate occurs within 9 months to 1.5 years, given there is no additional litigation of the estate. Wang IP Law Group, P.C. assist clients in this process by acting as counsel to family members of individuals who have died intestate and helping to determine the appropriate procedures to minimize the burdens involved in administering the estate.
Whether your estate is large or small, you should designate someone to manage your assets and make health care and personal care decisions for you if you ever become unable to do so for yourself. If not, a judge will appoint someone to distribute your assets to your heirs according to the rules of intestate succession instead. Thus, a proper estate plan gives you control your care and your assets now and in the future.
A common issue that arises in probate is a conflict occurring between family members due to dissatisfaction with the decedent’s estate plan. A conflict can occur in a variety of situations- an heir is disinherited, receives a smaller share of the estate than what he or she believes is deserved and over other perceived inequities. A decedent’s estate plan can also cause tension when there has been a second or third marriage between the decedent’s children, the original spouse, and preceding spouse(s).
Issues can also arise over the construction and validity of the will and can include allegations of fraud, coercion or undue influence. Disputes are also common between beneficiaries of the will and the fiduciary. In particular, disputes can include disagreements amongst family members over who should act as the personal representative. In addition, the beneficiaries may be concerned about property management issues, including financial decisions or investments made by the personal representative. If the personal representative is also a beneficiary, a conflicts of interest may lead to litigation.
The attorneys at Wang IP Law Group, P.C. are experienced and prepared to help clients navigate the complexities of probate litigation. Our firm represents executors, administrators, beneficiaries and heirs with all of their legal concerns in probate litigation. At Wang IP Law Group, P.C., we have the requisite knowledge, expertise and skills necessary to provide a successful resolution to our clients’ probate issues.
Wang IP Law Group, P.C.’s probate practice includes, but is not limited to, the following:
- Will Contests
- Removal/Surcharge of Personal Representative (Executor, Administrator)
- Heirship Petitions
- Title Disputes
- Recovery of Assets (i.e., Probate Code Section 850 petition)
- Allegations of Incapacity/Undue Influence/Fraud
- Allegations of Breaches of Fiduciary Duties
- Disputes involving Community Property/Quasi-Community Property Rights
Why choose Wang IP Law?
Our firm tailors our probate services to individual clients’ needs in ways that large firms cannot. Our firm size means lower overhead and reduced costs for the client. Additionally, our firm has greater flexibility and utilization of today’s technology than larger ones. As a result, our clients enjoy the professional skill, experience and success of a large firm without the impersonal or generic customer service. In sum, our firm works one-on-one with clients to provide fast and effective solutions for all your probate needs.
Have more questions about Probate Administration & Litigation?
Wang IP Law Group, P.C. assists clients with Probate Administration & Litigation in the Los Angeles County, Orange County, San Gabriel Valley, Riverside County, San Bernardino County, San Fernando Valley, San Diego County and San Francisco and San Jose area. Our firm also provides services internationally including representing clients in China, Taiwan, Hong Kong, Japan and Israel.
To speak with one of our attorneys today, contact us at (888) 827-8880 or email us at info@TheWangIPLaw.com.