Probate Administration & Litigation
Knowledgeable California Probate Lawyer
The loss of a loved one is always traumatic and emotional, even if the death was the result of a long illness and was “expected”. The legal tasks that fall on the family or other chosen representatives of the deceased person can be particularly difficult in light of the emotional circumstances, especially when disputes arise.
I am Robert L. Wishner, Attorney at Law, an experienced California probate lawyer who works to relieve the pressure on grieving clients by providing effective legal services in a sensitive atmosphere. Contact me to arrange a consultation at my Irvine law office.
Guiding You Through the Steps of Probate Administration
The affairs of an estate are handled by a personal representative appointed by the court. If there is a valid will naming an executor, the court will generally appoint that person. Otherwise, an appropriate administrator will be chosen by the court.
If you have been named as an executor or you have lost a loved one who did not have a will, I can help you through the steps of probate administration, including the following:
- Appointing a personal representative
- Gathering and evaluating assets and debts
- Giving notice to beneficiaries and creditors
- Handling will contests and related litigation
- Real estate appraisals
- Distributing assets and repay debts
- Closing the estate
Many of these steps require court appearances, and for some steps in the process, there are 30-day waiting periods. Having an experienced probate lawyer supervising the process can relieve a great deal of the stress and frustration often experienced by families who are trying to complete the probate administration process unassisted.
Your Advocate in Probate Litigation
If a dispute arises over the deceased person's estate, each party will need a knowledgeable legal advocate. I have extensive experience handling will contests, estate creditor litigation, challenges to the actions of the executor, claims against parties misrepresenting themselves as representatives of the estate, and other probate litigation.
One of the most common types of probate dispute involves a caregiver who receives a benefit from the deceased person's will and is accused of exercising undue influence. In California, the law looks on these situations with suspicion and there are special procedures to handle estate gifts to caregivers.
Another common circumstance is for wills to contain no-contest provisions disinheriting anyone who unsuccessfully contests the will. If your loved one's will contains such a provision, I can counsel you on the possible consequences. Whatever the specific nature of your probate administration issues, don't hesitate to contact me today.
