Murrieta Probate Lawyer

Probate Attorney in Murrieta

Murrieta Probate Lawyer

Call Us Today 949.749.5393

Irvine Concourse 2050 Main Street,
Sixth Floor, Suite 600, Irvine, CA 92614

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Whether you are planning your estate or considering the implications after the death of a loved one, the economic aspects of a person’s passing are never simple. If you are planning your estate or need advice in the aftermath of a loved one’s death and want help understanding the probate process, call an experienced Murrieta probate lawyer.

Contact Quinn & Dworakowski, LLP

Whether you live in Greer Ranch, The Colony, or elsewhere in Murrieta, you can rely on Quinn & Dworakowski, LLP, to provide the unwavering support and guidance your probate case deserves. Our law firm brings over 150 years of combined experience, and our legal team closely adheres to the core values of compassion, commitment to excellence, and total devotion to the most favorable outcomes possible.

What Is the Difference Between a Probate Lawyer and an Estate Lawyer?

The terms are often used synonymously, but the main distinction is that an estate lawyer helps clients draft their last will and testament. Included in that may also be powers of attorney, both general and medical. This is all done while the client is competent and very much alive.

Once an individual has died, probate can begin. Probate, very simply, is the distribution of assets to appropriate beneficiaries with the decedent’s wishes being met as closely as possible. Unfortunately, probating an estate can be extremely complicated with any or all of the following:

• Petitions that need to be filed in Riverside County for your Murrieta probate
• Public notices that are required by law to be printed in certain publications
• Sale of real estate and assets, if necessary, to pay for debts of the decedent
• Trusts may also have been included by the estate planning attorney, which will need to be handled by your Murrieta probate attorney
• Family law sometimes also appears in rare cases. If a new child were born after a will was made, a divorce occurred, or other issues
• Litigation is when there are actually proceedings in front of a judge to determine which beneficiary is entitled to an asset. This typically occurs when someone challenges the will.

While some of these complications are rare in probates, it is important to secure the advice and counsel of a probate law attorney at Quinn & Dworakowski, LLP to avoid as many complications as possible.

Where Do You Go Through Probate?

Probates are filed in the jurisdiction where the deceased was living before death. If there are out-of-state assets to consider, that will add a complication to the process, which we can guide you through. Conversely, if the deceased lived in another state but owned assets in Murrieta, your Murrieta probate lawyer will help you navigate the steps to sell or transfer those assets. If there is no will in place, the laws of California govern inheritance. Other complications that may arise:

• A beneficiary contests the will, which means someone who has standing (relation to the deceased) disagrees with any or all parts of a will
• Ancillary probate is when a deceased person owns assets in multiple states. As stated above, the probate jurisdiction is where the deceased lived before death.
• The will was signed and executed in another state. In such a case, California law determines whether the will can be validated. To be validated, the court considers several Some of which include:
  • Was the will executed in compliance with prevailing California law?
  • Was the will executed in compliance with the laws where the deceased resided?
  • Was the will executed in compliance with the prevailing laws in the jurisdiction where the will was executed?

In addition to the complications, further questions may arise about where the deceased resided for probate purposes. To determine residency, some factors to consider are:

• Where did the deceased reside (permanently or majority residence)?
• Where was the deceased registered to vote?
• Where did the deceased get mail delivered?
• What state driver’s license or identification did the deceased possess?

Finally, another issue may arise when the executor is an out-of-state resident. Most counties require an out-of-state representative to be bonded to protect the estate against illegal acts such as fraud or theft. Another nuance is that the bond may be called a “probate bond” or “fiduciary bond” interchangeably.

What Does a Probate Attorney Do for You?

We will walk you through the entire probate process and answer any questions you have. Every Murrieta probate case is unique and must be assessed individually. Most Murrieta probates involve the following steps:

• File the will with a petition for probate
• Formal notice given to all interested parties
• Validate the will (due to overwhelmed court calendars, the lead time for a probate hearing is typically three (3) to five (5) weeks after the petition is filed)
• Letters of testamentary appointing an executor. Gather and account for the deceased’s assets and property
• Account for the deceased’s bills and benefits
• Apply for a taxpayer ID number for the estate
• With a taxpayer ID, open an estate bank account that is completely separate from personal accounts
• The notice of the petition for probate must be published by a court-approved newspaper so that interested parties are made aware
• The creditors must be notified
• Any other notifications or items required by Riverside County for your Murrieta probate

Why You Should Hire a Murrieta Probate Attorney

With 12% of Murrieta’s population aged 60 and older, many locals are considering the probate process and what it could mean for their loved ones. If you are preparing estate planning tools to avoid probate or are personally involved in a probate case, your top priority should be to hire a probate lawyer.

Working with a Murrieta probate attorney allows you to have the support of an advocate who understands California’s probate laws. Should challenges arise in your probate case, an attorney can take decisive action to protect your rights and interests.

FAQs

Q: How Long Does an Executor Have to Settle an Estate?

A: The probate process typically takes nine to 18 months to complete, and complex cases that involve large estates and disputes can take even longer to finalize. While there is no mandated deadline for settling an estate, failing to manage the process carefully could lead to delays and conflict with creditors and beneficiaries.

Q: How Long Is a Will Valid After Someone Dies?

A: A will does not expire. Once properly drafted and executed, the legal document remains valid until it is admitted to probate, at which point it guides the estate process. One key requirement is for the will to be filed with the proper court within 30 days of death. Working with a probate or estate planning attorney can ensure that the will is lawfully drafted and signed.

Q: What Is a Major Challenge of the Probate Process?

A: One major challenge that can arise in the probate process is failing to maintain steady progress when settling an estate. The courts monitor the estate representative’s progress. Serious delays could cause frustration and conflict among beneficiaries and creditors. This is one reason why representatives of an estate typically work with a probate lawyer.

Q: How Is an Executor Held Accountable During Probate?

A: The executive could be held accountable at court appearances. A: Executors are responsible for making accurate valuations of property, with Murrieta homes that average $678,045 in value. Failing to meet the requirements of an executor could mean that a judge removes the executor and appoints another individual. Executors could also be held liable under certain circumstances.

Contact Quinn & Dworakowski, LLP, Today

With around 60,000 probate filings per year in California, the probate courts are complex and busy venues for settling estates. When you work with Quinn & Dworakowski, LLP, you gain the support and guidance of attorneys who understand the probate process and how to protect your rights and interests at every turn. Contact our office today to learn how we can help you navigate your probate case with confidence.

Client Testimonials

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“I cannot say enough superlatives about the lawyers at Quinn & Dworakowski. David Dworakowski is a gifted trial attorney. I was amazed at his skill in my trial and he ran circles around my ex husband’s lawyer. If you are looking for a tenacious attorney who cares only about his client this guy is the attorney for you!
Thank you Quinn and Dworakowski.”
— Aria P.

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“High praise for Quinn 5 stars+++
We have been working with Quinn for the past year and he is outstanding! All of our questions have been answered all of our Issues have been Resolved in our favor! I was referred to Quinn by an acquaintance and I am grateful to her forever! He is understanding, kind, wise, a great communicator, and most importantly got my family everything we asked for and more! We are thrilled with the results working with him and his firm. I strongly recommend hiring Quinn and his firm to represent you if you want success, expert counsel and someone you can trust.”
— Sandy L

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Irvine Concourse 2050 Main Street, Sixth Floor, Suite 600, Irvine, CA 92614