The probate process in California involves managing a deceased individual's estate. This includes settling debts and obligations and distributing assets to the beneficiaries listed. Some common challenges and disputes can arise during the probate process, including contested wills and disputes over the value of assets. Working with an experienced attorney can help you resolve any challenges during the probate process.
Contested Wills
One of the most common probate disputes involves one or more parties contesting the validity and enforceability of the will. Under California probate law, only beneficiaries who will inherit assets according to the will and other interested parties have the right to dispute the will’s validity. The grounds for contesting a will include lack of testamentary capacity, allegations of forgery or fraud, and claims of undue interest. Ensuring your will is clear, executed according to California law, and regularly updated can prevent will contests.
Locating and Valuing Assets
Part of the probate process includes identifying and valuing the deceased individual’s assets. If some of the assets are unknown to the estate executor or records weren’t well-kept, locating them can be challenging. Disputes can arise regarding the value of the assets. One of the best ways to prevent these disputes is to thoroughly search for assets and carefully review financial status, personal records, and tax returns. Hiring a professional financial advisor or asset locator may be necessary to identify and value estate assets.
Family Conflicts
Losing a loved one can be difficult for family members. When emotions are heightened, family members may see things differently, and conflicts may arise about who should inherit specific assets. Beneficiaries may disagree over how the assets should be distributed, how the will should be interpreted, and other perceived inequities. The estate executor should maintain clear and transparent communication with all beneficiaries. They should regularly meet with the beneficiaries and provide updates to reduce potential misunderstandings and manage expectations. Professional arbitration and mediation can also effectively resolve conflicts between beneficiaries.
Misconduct by Executors
Under California law, executors have a fiduciary duty to act in the best interests of the estate's beneficiaries. Beneficiaries can file claims against the executor for misconduct, such as self-dealing or mismanagement of assets, which can complicate and prolong the probate process.
When misconduct is suspected, a beneficiary can petition the probate court to remove the executor and appoint a replacement. To avoid misconduct claims, executors should keep careful and meticulous records of all transactions and decisions. Updating beneficiaries regularly and being transparent about the estate's management can also prevent misconduct allegations.
Contact a Palm Springs Estate Planning Attorney with Questions
The probate process in California can present many challenges. However, understanding common problems and utilizing proactive solutions can help ensure a smoother probate process. Estate executors and beneficiaries benefit from seeking experienced legal representation to help guide them through the probate process. If you have questions about probate disputes and how to resolve them, don’t hesitate to contact Heritage Legal to schedule a free case evaluation with an experienced probate attorney.