Southern California Probate, Trust & Estate Administration
How to Manage Probates, Trusts, & Estates

The probate courts in Orange County, Los Angeles County, Riverside County, and San Bernardino County oversee the administration of property after death. The passing of one’s property, whether they had a will or not, must be managed by an executor under the supervision of the probate court. Probate is the court supervision of the transfer of legal title of personal and/or real property from the estate of the person who has died (the "decedent") to his or her relatives, heirs, or beneficiaries.
 
When a person passes away owning personal and real property, the process of transferring those assets can be complicated. The executor of the estate will have to fill out court forms and appear in court on several occasions to:

• prove that the will is valid
• receive court approval to act as the legal representative on behalf of the estate
• identify and inventory the decedent's property and have it appraised
• to pay debts and taxes
• distribute the remaining property

Probate can be an unpleasant experience for a family who coping with the loss of a family member. Unfortunately, it can not always be avoided. The process is timely (a minimum of six months from the start of the court process to distribution of assets) and costly, but is required by California law for most estates.

When a will or trust is challenged in probate court, a decedent's last wishes can, unfortunately, result in a lawsuit. That is why it is important to find an experienced estate planning attorney who can draft a will or trust that expresses your wishes. 

Tips for Avoiding Probate Contests and Estate Disputes
A will or trust dispute can result in a significant delay in the distribution of a decedent’s assets, and can also become rather expensive. The executor must pay the cost of litigation for a will contest out of the proceeds of the estate, thereby significantly depleting the beneficiaries’ shares. Here are some suggestions for preventing disputes among your beneficiaries:

• Make a list of special gifts. .
  If you have a living trust or will, you can make a list of particular special gifts and who you want to receive them in order to avoid a later dispute. This list should be as specific as possible, describing the item in detail, with a date and your signature. Your estate planning attorney should review the process with you, since it differs for a trust and a will, to make sure you execute the list appropriately.
• Discuss the items with your beneficiaries. 
  Your children, family members, or friends may have already expressed interest in a specific item that has special meaning to them. Therefore, you should consider giving gifts away during your lifetime, especially if it is something that you no longer need, or may become a disputed item after your death.

Orange County Estate Planning Law Firm
If a family member has recently died owning property in California, we strongly encourage you to contact MORTENSEN & REINHEIMER, PC today.  We will handle the legal matters on your behalf so that you can focus on taking care of your family during its time of loss.  The law firm of MORTENSEN & REINHEIMER, PC represents executors, administrators, and trustees in probate, estate, and trust and administrations so that a decedent's wishes are accurately carried out.

Contact Our Law Firm
Call the estate planning attorneys at MORTENSEN & REINHEIMER, PC today at (714) 573-7149, or send an e-mail to info@ocestateplanning.net, and we will contact you to set up a free initial consultation.