Trusted Probate Litigation Representation in La Jolla, CA
Skilled Representation in Probate Court
Disputes in probate court require skilled legal representation to resolve conflicts effectively. We represent beneficiaries, heirs, and fiduciaries in matters involving will contests, mismanagement, and breach of duty. Our litigation experience ensures your voice is heard and your rights are protected. Let us handle the courtroom while you focus on healing.
What is probate administration?
Probate is the legal process that the court goes through in order to distribute the estate of a deceased individual. The definition of “probate administration” is the successful management and distribution of the deceased’s assets. The probate process applies to the estate of individuals with a will as well as those without.
If the deceased left behind a will, probate administration is conducted by an executor, an individual chosen by the testator, or person that wrote the will, to ensure that their estate is disposed of according to the instructions outlined in their will.
When an individual dies without a will, it is called dying “intestate.” In these types of situations, the probate process begins with the appointment of an administrator whose job is to oversee the estate of the deceased. Hiring an attorney to assist the administrator as they go through the probate process is strongly advised when a person dies intestate.
Typical probate administration process
- If a will exists, filing it with the probate court
- The named executor or administrator must identify and notify beneficiaries, heirs, creditors, and the public about the death of the individual in question and about the creation of the probate estate
- Inventory and appraise all assets/property to determine the estate’s value
- Pay estate taxes, if necessary, settle any outstanding debts, and distribute remaining assets to heirs/beneficiaries.
Do you need an attorney?
There are two practice areas with respect to estate planning law. A probate attorney focuses on what happens to the deceased’s estate after they’ve died vs. an estate planning attorney who works with an individual to put an estate plan into place before death.
While you are not required by law to enlist the services of an attorney for probate, if you’re acting as executor or administrator, it may be in your best interest to do so because the process of probate administration could become complicated, especially if the deceased died intestate.
It’s important to have legal guidance from an attorney who is knowledgeable when it comes to state laws governing the probate process in general and specifically, the laws as they apply to intestate succession.
Get the Guidance You Need
The role of a probate attorney is to provide legal guidance throughout the probate process and the administration of the deceased’s estate. Some of the things that a probate attorney can assist with include:
- Transferring real estate and other assets to beneficiaries
- Paying outstanding debts
- Collecting proceeds from any life insurance policies of the deceased
- Resolving tax issues, including income tax, federal estate tax, and estate tax return issues
- Preparing and filing legal documents required by the probate court
If you need help navigating probate, contact Leo Law Office today to speak with an experienced probate attorney in Solana Beach.
Petitions for Letters of Administration
When someone passes away without a valid will—also known as dying intestate—their assets are distributed according to California’s intestate succession laws. To get the process started, a Petition for Letters of Administration must be filed with the court to appoint a personal representative (administrator) who will manage the estate. This step is essential for ensuring everything is handled properly, from settling debts to distributing property. If you’re unsure where to begin, Leo Law Office is here to guide you through the process with clarity and support—reach out today to get started.
Petitions to remove a trustee or Objections to removal
When you establish a family trust, take some time to consider who should be your trustee. Unfortunately, even with the best of intentions, you may not always make the right choice. If the creator and/or co-creator of a family trust, a co-trustee, or a beneficiary of the trust feels that the trustee is acting improperly, there are ways to go about removing a trustee and/or replacing a trustee.
When a family trust is established, the trust agreement designates the trustee and/or co-trustees. It also should designate one or more successor trustees in case the initial trustee(s) can no longer perform their duties. The successor trustee takes over in cases where the prior trustee resigns, dies, or is removed. Removing a trustee is a legal process that requires petitioning the probate court and is governed by the terms of the trust agreement and by state law.
Trust agreements usually allow the trustor to freely remove a trustee during their lifetime. The trustor is still living, he or she does not need to give a reason for the removal and can simply execute an amendment to the trust agreement.
In cases where the trustor is either deceased or incapacitated, the problem becomes one for the co-trustee, successor trustee or beneficiaries. Removal can be initiated by a co-trustee, successor trustee or a beneficiary of the trust. This can happen in cases in which a conflict arises between co-trustees, and one is seeking to remove the other or where a successor trustee or beneficiary believes the current trustee is failing to perform its trust duties.
A party seeking to remove a trustee will need to file a petition with the court to have them removed unless the current trustee agrees to the removal.
Reasons to remove a trustee
Legal grounds for removing a trustee from a family trust may include:
- Violating the agreement
- Mismanaging assets, whether intentionally or through negligence
- Fraud or misappropriation of trust assets
- Charging excessive fees
- A decline in mental capacity
- Financial insolvency of the trustee
- Conflict of interest
- Lack of cooperation with other trustees or beneficiaries
- Breach of fiduciary duty
Taking your case to the court
Petitioning the court to remove a trustee can be filed in probate court. Sufficient evidence must be submitted to the court demonstrating that the trustee has violated the trust agreement or their fiduciary duty and that replacing them is in the best interest of the trust.
Removal and/or replacing a trustee and establishing a trust, should not be undertaken without the help of a competent and experienced trust and estate litigation attorney. The Leo Law Office handles petitions to remove a trustee as well as other trust administration responsibilities. Contact our office to request a consultation.
Notice to Creditors
Once the probate process begins, creditors have a limited amount of time—from the date of the notification of the testator’s death—to submit any and all claims against the estate for money that is owed. A notice to creditors is a public statement noting the death of the testator, and its purpose is to alert any potential creditors. The notice is typically published in local newspapers to meet legal requirements. In California, creditors have four months from the date the notice is issued to file a claim with the court. If you need help preparing or responding to a notice to creditors, contact Leo Law Office today for experienced probate guidance.
Final Petitions for Distribution
In California, once the probate process is nearly complete, the final step for the administrator or personal representative is to file a Petition for Final Distribution. This petition allows the court to approve the distribution of the remaining estate assets to the rightful beneficiaries. It also formally releases the administrator from further responsibility or liability—except in cases involving fraud or misrepresentation. Filing this petition ensures the estate is closed properly and that all parties are protected. If you're nearing the end of the probate process, contact Leo Law Office for trusted support in filing your final petition with confidence.
Contested Petitions for Letters of Administration
When someone passes away without a will, the court must appoint an administrator to handle the estate—but it’s not always a straightforward process. A petition for letters of administration must be filed and approved by the court before anyone can take on this role. If multiple parties disagree on who should serve as administrator, they may file objections, which can turn the matter into a contested case. These disputes can delay estate administration and often require legal guidance to resolve. If you're involved in a contested petition, contact Leo Law Office for experienced support through the probate court process.
Why Choose Leo Law Office as Your Probate Litigation Attorney?
A seasoned probate litigation attorney is essential when disputes arise over estates or trusts. Our clients rely on a probate litigation attorney to protect their rights in contested probate cases. As your probate litigation attorney , we handle complex cases with skill and care. Choosing the right probate litigation attorney can prevent costly mistakes and preserve relationships. Trust us to be your probate litigation attorney when clarity and resolution are critical.
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