Inheritance

San Jose Inheritance Attorney

We Proudly Represent Clients Throughout the Estate Planning Process of Probate Court, Will Contests, and Estate Administration

When a loved one passes away, the legal process of estate administration begins. The process involves taking the decedent’s estate to probate court, where beneficiaries will be located, debts and taxes will be paid, wills and other documents will be verified, and asset distribution will commence.

Depending on the estate planning documents, beneficiaries, and other interested parties may have unique legal needs. For example, suppose there was an improper execution while drafting wills or trust documents. In that case, the decedent’s wishes may be rendered unclear, and this could give rise to family conflicts. One of the last things we want to think about our surviving loved ones going through is probate or estate litigation that may drive them apart after we are gone. Because of this, seeking legal counsel while you are still alive from an experienced attorney who can help you develop personalized estate plans that plan for the future is recommended.

Whether you are concerned that your estate planning needs will be met and that your family’s future is well in hand, or you are the beneficiary of a recently deceased person fighting for the inheritance you know you deserve, it is highly recommended that you seek legal representation from knowledgeable estate planning attorneys.

The estate attorney of our California law firm has extensive experience representing complex estate planning matters, including will contests, trust administration, breaches of fiduciary duty, claims of undue influence, and more. Additionally, the probate process often crosses over into real estate law concerns as property is handed from one estate to the other and business law in situations of business succession planning after death. Retaining legal guidance can make a significant difference in estate and probate administration, whether there is conflict or not.

Our law offices proudly serve clients in San Jose, Santa Clara County, San Francisco Bay, the South Bay area, Walnut Creek, Santa Cruz, Silicon Valley, and more. We help our clients gain peace of mind through the legal process of estate planning and probate law. To learn more about our legal services and how our probate lawyer can assist you during this time, please get in touch with our law office to schedule your initial consultation today.

What Are the Key Components of a Comprehensive Estate Plan?

While a simple will may be the foundation of most estate plans, it is by no means the only type of estate planning tool you should consider for you and your family’s future. Depending on your family and financial situation, there may be a need to draft additional estate planning documents to preserve assets for surviving loved ones and the next generation.

Estate planning documents that you should consider for your California estate plan may include the following:

  • A last will, also known as a simple will, is arguably the most critical estate planning document. Wills establish your final wishes to ensure that your assets are distributed to the intended family members or other beneficiaries upon death. If a will was improperly executed or there is the argument that the will was not written while the individual was of sound mind, a family member or other interested party may wish to contest the will
  • Addressing how retirement plans, IRAs, and 401(K) accounts will be distributed after your death can be accomplished with comprehensive estate planning
  • Living trusts provide solutions for many issues that simple wills cannot address. If you are having difficulties acquiring the intended inherited property from a revocable living trust, don’t hesitate to get in touch with our San Jose estate planning attorney
  • Power of attorney documents, health care directives, conservatorships, and other incapacity planning methods may be worth considering in cases where you are unable to speak for yourself or your interests
  • There are various asset protection strategies to protect estate assets from creditors, ex-spouses, and lawsuits while preserving those assets for designated beneficiaries and errors
  • Unfortunately, property disputes after death are common as real estate gets included with will or trust assets. If a real property dispute arises and leads to probate litigation, contact our law firm for assistance

Several types of trusts are available, revocable or irrevocable, that may suit one person’s financial situation better than others. To ensure that your estate plan has been properly established, contact our San Jose law firm for legal assistance. With the help of our attorney, we can cost-effectively assist you throughout the estate planning process.

What is the San Jose Probate Process?

The decedent’s estate usually must enter probate court before inheritances can be distributed to heirs and beneficiaries. Depending on the complexity of the estate, the probate process may take several months to conclude.

The probate legal process begins when a probate judge validates the deceased’s last will. If there was a will, it should have named the estate executor, whose responsibility would be overseeing probate administration, which includes settling financial affairs, gathering assets, and distributing assets. If there is no will, the court appoints an estate administrator to take the estate through the probate process.

The duties of the executor or administrator are as follows:

  • Gather and preserve the decedent’s assets and take full control of them
  • Notify all beneficiaries and creditors
  • Manage and administer the decedent’s assets according to law and policy
  • Pay all debts. Also, creditor claims must be settled before asset distribution
  • There may be taxes against the estate, and it will be the administrator’s or executor’s responsibility to pay those taxes
  • If any lawsuits arise during probate, the executor has the responsibility of seeking legal counsel for probate litigation
  • Periodic accountings must be provided to the court about the ongoing probate process
  • All final income tax returns for the decedent must be filed, as well as any estate tax returns
  • Remaining estate assets are then to be distributed to rightful beneficiaries

Executors and administrators have a great deal of responsibility when settling estates. They have a fiduciary relationship with beneficiaries and are held to high standards as they are expected to adhere to laws and the language of any applicable estate planning documents. The fiduciary duty of executors and administrators requires them to always act in the best interests of estate beneficiaries. Unfortunately, even personal representatives acting in good faith still make mistakes, and any small error could result in inheritance disputes and following outs between surviving family members. When an error causes harm to the estate or inherited property, a beneficiary or interested party has the right to petition to have the administrator or executor replaced and held accountable.

Is it Possible to Avoid Probate Entirely?

Depending on the value or size of the estate, certain California estates can avoid probate altogether, provided their total value is below a specific threshold.

While wills must go through the probate process, where they must be validated and used to distribute assets, trusts typically avoid probate, and trust assets are distributed to beneficiaries in a more streamlined process.

To learn the benefits of avoiding probate, please contact our estate planning lawyer to discuss your unique situation in a no-obligation case evaluation.

What is Involved in Trust Litigation?

Trusts and other estate planning documents do not always clearly convey the final intentions of their creators, which can sometimes lead to legal conflicts. And even in cases where the trust document was executed correctly, there may be concerns about the trustee breaking their fiduciary duty to the beneficiaries.

Trust administration is complex, whether before or after the trust creator’s death. Any act or omission by the trustee that violates fiduciary duties or the terms of the trust documentation could result in trust litigation. California trustees owe several obligations to the trusts and beneficiaries they oversee. The trustees must administer trusts solely for the interests of trust beneficiaries.

Examples of trust litigation scenarios include the following:

  • Accusations of fraud or double-dealing
  • Failing to provide accurate accountings
  • Failure to handle routine duties as trustee
  • Inappropriate liquidation of trust assets
  • Mishandling of real estate property according to the terms of the trust
  • Not communicating with beneficiaries on time
  • Stealing trust assets for personal gain
  • The failure to pay the bills or debts of the trust
  • Trustee misconduct, including breach of fiduciary duty

Trust contests are typically filed when a named beneficiary has questions or concerns about how trust assets are administered or distributed. Working with a trust attorney, you can petition the court to dispute specific terms for undue influence, forgery, mistakes, incapacity, and more. Potential remedies for trust litigation include modifications to the trust terms, invalidation of the trust documentation, and removal of the trustees.

Would You Benefit from the Legal Services of an Estate Planning Attorney?

Suppose a legal dispute has arisen regarding a will, trust, or other estate plan document. In that case, seeking professional legal counsel from experienced estate lawyers is essential.

Our firm is well-versed in estate law and prides itself on providing innovative solutions to our clients facing complex probate and estate litigation issues. You risk losing your inheritance or prolonging the complex probate legal proceedings without a professional attorney’s legal services.

As your legal representative, our estate attorney will explore the legal options that most benefit you and your goals while keeping services cost-effective and efficient.

Contact Our California Law Offices to Schedule a Consultation with a Compassionate San Jose Inheritance Lawyer Today

Keyes Law Group, PC, is a San Jose-based law firm with years of experience guiding clients through complicated probate cases, including those that result in litigation. While an estate planning lawyer at our firm would serve you well in creating a thorough estate plan that reduces future litigation risks, the attorney and his legal staff are also knowledgeable about assisting beneficiaries in legal disputes during state administration and litigation.

If you have any questions or concerns about your legal rights in probate court, trust administration, estate litigation, or any other estate planning matters, don’t hesitate to get in touch with our office to schedule a case consultation with our legal team today.

You can contact us from our website or by calling us at 408-443-2397.