Long Beach Probate Attorney

When a loved one dies, the courts typically oversee the distribution of their assets through a legal process called probate. Various questions may arise, such as what to do if you are named as the executor, whether you have any liability, what you need to do, what it will cost, and how the costs will be paid.

To ensure that your loved one’s wishes are carried out as they would have wished, it is vital to have a knowledgeable probate attorney by your side to assist in the process of distributing any cash, real, and personal property they have left behind.

Don’t Go Through It Alone

When you are facing the stress and anxiety of grief, the last thing you need is to be saddled with the burden of settling an estate. If your loved one has left a will, the probate court will likely still oversee the legal process.

In many cases, the individual who has passed will have been named an executor. This is a personal representative tasked with administering the estate. For cases in which the deceased did not name an executor or did not have a will, a representative will be appointed by the court.

Why Get a Probate Lawyer in Long Beach, CA?

It is essential to hire a Long Beach probate attorney you can trust, as these professionals will be able to assist you in the process of estate administration. The part your legal counsel plays in this is often demanding and complicated. For an individual with no experience in the field to navigate the process alone, it can be completely overwhelming. Some of the details that a skilled probate attorney can handle for you include the following.

• Estate tax filings and elections. It is important to note that any estate taxes must be paid within nine months of the date the individual passed away. Your probate attorney can assist in choosing the correct elections and filing the necessary tax forms as you go through the process of estate administration.
• Probate hearings. Probate lawyers can help you to address any litigation and represent you at any necessary hearings that may arise relating to settling an estate.
• Distribution of property. An attorney can offer assistance in distributing the individual’s assets appropriately to the intended heirs.
• Determining heirship. If the deceased individual did not have a will, or if the estate plan is not clear enough for the executor to distribute the assets as they should, a Long Beach estate planning attorney can help to determine the heirs with clarity.
• Preparing the estate. An individual’s estate must be cleared up before it can be settled. A reputable estate planning attorney can help you to collect debts, pay expenses, satisfy creditors, clear titles and organize the individual’s assets.

The expert team at Sweeney Probate Law has a vast body of knowledge in probate cases, and we understand the importance of easing the burden on our clients in their time of grief. The legal counsel we provide is essential to protecting your interests as you face probate litigation proceedings.

What if a Will Is Contested?

During the process of estate administration, one of the most challenging issues that may arise is a will contest. This sometimes arises as a result of an heir believing that a will is invalid because the decedent had an updated will, was under the influence at the time the will was written or was not of sound mind when they created the will.

Unfortunately, challenges to wills often lead to legal complications and extreme tension between family members at an already difficult time. A trusted probate attorney can help you to protect your rights as they represent you during a trial or settlement related to a will contest and will work to assure the best outcome.

How Much Do Long Beach Probate Attorneys Usually Charge?

In any legal matter, the exact cost of attorney fees varies according to the specifics of the case. Since every circumstance is unique, it is important to discuss the payment method with your attorney upfront and decide which is best for you. Probate lawyers typically charge their fees in one of the three following ways.

• Percentage of the value of the estate. This payment method is used in some cases but is less common than the others. California law establishes a statutory fee schedule that allows for an attorney to collect a certain percentage of the gross value of the estate, as opposed to the net value.
• Flat fees. Most skilled probate and trust administration attorneys know approximately how long they will spend on a case and are able to quote a flat fee to their clients. This saves the lawyer the trouble of keeping track of their time and makes things a little easier on the client, as they don’t need to worry about running up their bill every time they need to ask the attorney a question.
• Hourly rate. Some attorneys prefer to bill their clients by the hour. This is often dependent upon the size of the law firm, where you live, and the level of experience the lawyer has. When this method is used, the attorney typically bills the client at a minimum of six-minute increments.

What Percentage Does a Probate Lawyer Get?

If you and your attorney decide that your trust or probate case is best paid for by a percentage of the estate’s value, there is a standard way this is applied in the state of California. The state’s statutory fee schedule is as follows, based on the estate’s gross value.

• The first $100,000 – 4%
• The next $100,000 – 3%
• The next $800,000 – 2%
• The next $9,000,000 – 1%
• Estates valued over $25,000,000 – “a reasonable amount”

How Do I Find the Right Probate Attorney?

When a family elder or another loved one passes away, searching for a lawyer to help you navigate the probate process can be taxing, but it is the best way to ease your stress during your time of grief. The experienced legal team at Sweeney Probate Law has the expertise and compassion to walk you through this entire process and help you find comfort knowing that the departed individual’s final wishes are being carried out as they wanted. Visit our website today to schedule a consultation.

To schedule a consultation in Long Beach, call me toll free at 949-660-1400. I enjoy meeting in person whenever possible, but am also available via Skype and email.