Contrary to how it’s shown in popular Hollywood movies, determining and distributing will isn’t just about signing a document. The real process begins when the predecessor dies and leaves behind multiple beneficiaries.
The Posthumous Pandemonium
Many times, the deceased person will leave behind an executor (a lawyer, on behalf of the estate). The executor’s task is to see that the last will and testament is accorded duly and according to the wishes of the deceased individual.
Worst still, are cases where no wills are left behind, and wherein beneficiaries clamor all around to get their share of the predecessor’s real estate. In cases such as these, probate lawyers can take up positions as administrators and/or personal representatives.
And even when there is a will, it can and will be contested by other beneficiaries.
In all events, the case is taken to a probate court: if there’s a will, it’s the court that decides whether it’s valid.
And that’s exactly where a probate lawyer comes in—and if you think you can do without a probate lawyer on all accounts, think again. Because there definitely are circumstances that absolutely demand the presence of a probate lawyer.
Unless you have a professional probate lawyer, the people against you could put the con in contracts—and you don’t want that. From disclaimers to deeds, the preparation of legal documents is the job of a probate lawyer. For instance, if two siblings have inherited property from a parent, and one sibling wants to sell it to the other, you’ll need a probate lawyer. Everything from transferring power to giving up ownership requires legal expertise.
Warring siblings and cousins, especially when there’s a huge chunk of land left behind, are pretty common. Lawyers can help familial bonds from being broken over a will. Then there are issues such as second wives, secret second wives, illegitimate children, so on and so forth. Resolving conflict when it’s only beginning to brew is essential in avoiding a full-fledged court battle.
If it does end in a court battle, you’ll need a lawyer. In 2018, 49,152 probate cases were filed in California. And California courts, historically, have always had exclusive jurisdiction. Hopping into a probate court battle without a probate lawyer in California, then, is tantamount to legal suicide.
If you’re looking at a possible court battle for real estate in Chico, California, get in touch with our probate lawyers at The Law Offices of Ron Marquez today. We can also be reached at 530-332-8110.