A Costa Mesa probate lawyer can make it much easier to approach the probate process and limit uncertainty for the client and other family members. You can rely on your legal team to help you prepare for each probate session in court. They will help you review any estate planning documents relevant to the case and identify the critical areas of concern most likely to generate arguments.
When a person dies and has an estate plan in place, the individual holding it must submit it to the court for formal review. If the estate plan is comprehensive, legally enforceable, and the beneficiaries and other interested parties raise no disputes regarding the contents of the estate plan, the legal process can be a relatively straightforward estate administration. First, the court will use the estate to settle any outstanding debts of the deceased. Then, once all creditors are addressed, the court will distribute the remainder of the estate to the legally defined beneficiaries of the deceased.
Probate proceedings always carry the potential for disputes to erupt, even if the deceased had a will or more expansive estate plan in place. For example, a family member may allege that the will is legally unenforceable, created incorrectly, or contains illegal terms. It’s also possible that a family member may produce a more recent will that includes conflicting terms. Parties not listed in the deceased’s estate plan may also raise disputes, alleging they have legal claims to the estate’s contents. There are many ways for probate proceedings to unfold in confusing and emotionally stressful ways.