Probate – San Luis Obispo
Has there been a death in the family? We can assist those left behind in settling the affairs of the decedent and transferring the assets to the heirs and beneficiaries in a timely and cost-effective way. It is great when the final details of a will or trust go smoothly, but that is not always the case. Disagreements are common occurrences among heirs and beneficiaries when going through probate. If you find yourself needing assistance with a probate in San Luis Obispo or anywhere in California, we will be happy to provide you with that assistance.
Before going any further, let’s get into what probate is and why you may need help with it. Probate is a court proceeding to determine who is entitled to receive the assets of a deceased person.
If the decedent left a will, the court determines whether the will is a valid document and resolves any objections to it based on lack of capacity, fraud or undue influence. If there is no will, the court appoints an administrator and orders distribution of the assets to the decedent’s statutory heirs. Many times this process can be relatively quick and easy, but may be lengthy and difficult if the will is contested or if there are other disputes concerning the estate.
We counsel executors or administrators on whether assets can be transferred without probate or whether a court probate is required. Where probate is needed we prepare all documents that need to be filed with the court, such as petitions, accountings, statutory notices and so forth and render ongoing advice to the executor regarding his or her duties as administrator of the estate.
Contesting a will can lead to a lengthy, confusing and technical process. As you can imagine, dealing what that type of thing without any help is not a pleasant experience and can fracture families. Also, if you try to do it by yourself, there is a good chance you might miss some of the details, causing legal difficulties and unnecessary delay. We at Toews Law Group, Inc. have years of experience in probate and estate administration and can make this difficult process much easier for you and your family.
We can prepare all the necessary documents that need to be filed and also provide advice to all parties involved throughout the duration of the probate process. We will do our best to ensure nothing is glossed over and everything that needs attention is addressed. Also, probates proceedings are not always necessary and we can help figure out whether assets can be transferred without probate. Simply put, our goal is to have everything go as smoothly as possible for you in a reasonable time and for a reasonable and fair price.