Probate and Trust Litigation
In Los Angeles, Ventura, Kern, and San Diego Counties, lawsuits over inheritances, lifetime gifts, and a person’s mental capacity to make choices are conducted in Probate Court. Like Family Law Court, probate departments have their own judges, procedures, and rules – a completely different world from the general civil or criminal courts. It is important to work with a Southern California estate litigation attorney who has extensive knowledge of the workings of Probate Court and can advise you of the most effective approach for resolving any conflicts that arise during probate. Probate lawsuits are often complicated by the emotions of the litigants who have recently lost a loved one, and it is wise to take precautions against losing a legal battle due to sub-par representation.
It is equally vital to know when a case does not belong in court. In trust and estate conflicts, the opposing party might have no attorney, or might have an attorney who has little experience in probate matters, or might have an experienced probate attorney. Each of these situations must be approached differently, with the goal of resolving the problem, not pushing it into court. Litigation should be a last resort, and it takes experience and innovative problem-solving to steer a conflict in the best possible direction.
Julia McBride, certified as a Legal Specialist in Estate Planning, Probate & Trust Law, by the State Bar Board of Legal Specialization, is a tough litigator who treats her clients and colleagues reasonably and professionally. She appears in Probate Court in Los Angeles, Ventura, and Kern County week in and week out, and knows the intricacies of these departments and how to get things done. It is vital to have an experienced advocate who understands the system, who will work closely with you throughout the duration of the case.
Estate Planning
A living trust is usually the best way to avoid the time and expense of a probate of your assets at your death, as well as the risk of costly probate litigation. The trust essentially acts in place of a writing a will to make sure that your property passes to your beneficiaries with a minimum of hassle and taxation. When a person has created and funded a living trust, the administration of his or her assets after death can be very simple. The successor Trustee is required by law to give certain notices and information to beneficiaries. A knowledgeable Los Angeles estate planning lawyer can assist the Trustee to complete all required tasks and distribute assets from the post-death estate to the rightful beneficiaries as quickly as possible.
Another important advantage of the living trust is that it allows your designated successor Trustee to promptly take over the management of your affairs if you should become unable to do so due to illness, accident, Alzheimer's, etc. This avoids the potentially embarrassing, expensive and lengthy court process of a conservatorship. It is extremely important that all assets which are to be included in your trust, such as real property, savings accounts, stocks and bonds, etc. are actually titled in the name of the trust.
An estate planning attorney who is a Certified Legal Specialist in Estate Planning, Probate & Trust Law can make that your estate is properly arranged and documented to minimize potential conflicts. If any lawsuits are filed during probate, or a Last Will and Testament is contested, a qualified attorney can provide effective representation to safeguard your interests. Disputes can also be resolved through negotiation and mediation, which can help avoid lengthy and expensive courtroom battles.
A blended family is a family in which one or both spouses have children from a previous marriage. An estate plan for a blended family typically provides for the current spouse, and children from both the current and past marriage. When estate planning for a blended family is neglected, it can result in disputes over the distribution of assets. How property should be divided in a blended family is usually based on the estate holder’s priorities regarding support, which can be influenced by the ages of the children from the current and former marriage. Estate planning for a blended family must also take into consideration tax issues pertaining to second marriages. An experienced estate planning attorney can provide useful legal counsel regarding planning for blended families, and help you develop a sound estate strategy based on your goals and objectives.
Trust and Probate Administration
When a loved one dies, the estate must be settled. Debts and expenses are to be paid, and the remaining assets are to be distributed to the decedent’s beneficiaries. The emotional impact of the death on those closest to the deceased is huge, and unfortunately comes at the same time that they must handle the administration of the estate. McBride Law Group, P.C. members are acutely aware of the emotional trauma that the family is facing at this sad time and consider it their responsibility to help in any way that they can. Whether or not there was a living trust, the trust administration department can help with all aspects of the post-death estate.
When the decedent has a living trust, administering assets after death can be very simple, consisting of furnishing certain notices and information to beneficiaries by the successor Trustee. If the firm has been retained for trust administration, the members will take a hands-on role in assisting the family with their post-death duties, helping with everything needed in as quick a time as possible during this stressful experience. If assets were not held in a living trust, however, and are not passed to the beneficiaries by another method, a probate may be necessary. Julia McBride is certified as a Legal Specialist in Estate Planning, Probate & Trust Law by the State Bar Board of Legal Specialization, and she appears in Probate Court week in and week out.
For estates with assets totaling less than the minimum amount required for a full probate, they can provide informal administration such as:
Conservatorships and Guardianships
Science and medicine are advancing every day. We now live longer than we used to, and Alzheimer’s and dementia affect many of us. There are few situations as painful as witnessing our loved ones’ minds and memories slowly deteriorate. A probate conservatorship is a proceeding to appoint someone to make decisions for an incapacitated adult. If handled improperly, it can destroy a family. If you are or might become involved in a conservatorship proceeding in Los Angeles, Ventura, or Kern County, you need an experienced probate attorney to lead you through the process.
Many people choose to appoint a legal guardian to care for their children as part of their estate planning. In cases where parents die without having written a will, the court will usually select a guardian during intestacy proceedings. When it falls upon the judge to establish guardianship for orphaned children, any close family members in the area will normally be at the top of the list, followed by friends of the family who are willing to assume the responsibility for raising the children. When no suitable candidate is available, the court will place the children in foster care or in an institutional facility.
The optimum arrangement is for the parents to take precautions against this type of situation by meeting with an experienced Los Angeles estate planning attorney to write a will that includes naming a guardian, as well as provisions for trust administration so the children can be supported by the post-death estate. If you need to take legal action to have yourself appointed as the guardian of children in your family, an attorney can help you present an argument in court to support your claim. As guardian, you will be responsible for the daily living and personal decisions of the children, as well as ensuring they receive proper medical care and education.
In Los Angeles, Ventura, Kern, and San Diego Counties, lawsuits over inheritances, lifetime gifts, and a person’s mental capacity to make choices are conducted in Probate Court. Like Family Law Court, probate departments have their own judges, procedures, and rules – a completely different world from the general civil or criminal courts. It is important to work with a Southern California estate litigation attorney who has extensive knowledge of the workings of Probate Court and can advise you of the most effective approach for resolving any conflicts that arise during probate. Probate lawsuits are often complicated by the emotions of the litigants who have recently lost a loved one, and it is wise to take precautions against losing a legal battle due to sub-par representation.
It is equally vital to know when a case does not belong in court. In trust and estate conflicts, the opposing party might have no attorney, or might have an attorney who has little experience in probate matters, or might have an experienced probate attorney. Each of these situations must be approached differently, with the goal of resolving the problem, not pushing it into court. Litigation should be a last resort, and it takes experience and innovative problem-solving to steer a conflict in the best possible direction.
Julia McBride, certified as a Legal Specialist in Estate Planning, Probate & Trust Law, by the State Bar Board of Legal Specialization, is a tough litigator who treats her clients and colleagues reasonably and professionally. She appears in Probate Court in Los Angeles, Ventura, and Kern County week in and week out, and knows the intricacies of these departments and how to get things done. It is vital to have an experienced advocate who understands the system, who will work closely with you throughout the duration of the case.
Estate Planning
A living trust is usually the best way to avoid the time and expense of a probate of your assets at your death, as well as the risk of costly probate litigation. The trust essentially acts in place of a writing a will to make sure that your property passes to your beneficiaries with a minimum of hassle and taxation. When a person has created and funded a living trust, the administration of his or her assets after death can be very simple. The successor Trustee is required by law to give certain notices and information to beneficiaries. A knowledgeable Los Angeles estate planning lawyer can assist the Trustee to complete all required tasks and distribute assets from the post-death estate to the rightful beneficiaries as quickly as possible.
Another important advantage of the living trust is that it allows your designated successor Trustee to promptly take over the management of your affairs if you should become unable to do so due to illness, accident, Alzheimer's, etc. This avoids the potentially embarrassing, expensive and lengthy court process of a conservatorship. It is extremely important that all assets which are to be included in your trust, such as real property, savings accounts, stocks and bonds, etc. are actually titled in the name of the trust.
An estate planning attorney who is a Certified Legal Specialist in Estate Planning, Probate & Trust Law can make that your estate is properly arranged and documented to minimize potential conflicts. If any lawsuits are filed during probate, or a Last Will and Testament is contested, a qualified attorney can provide effective representation to safeguard your interests. Disputes can also be resolved through negotiation and mediation, which can help avoid lengthy and expensive courtroom battles.
A blended family is a family in which one or both spouses have children from a previous marriage. An estate plan for a blended family typically provides for the current spouse, and children from both the current and past marriage. When estate planning for a blended family is neglected, it can result in disputes over the distribution of assets. How property should be divided in a blended family is usually based on the estate holder’s priorities regarding support, which can be influenced by the ages of the children from the current and former marriage. Estate planning for a blended family must also take into consideration tax issues pertaining to second marriages. An experienced estate planning attorney can provide useful legal counsel regarding planning for blended families, and help you develop a sound estate strategy based on your goals and objectives.
Trust and Probate Administration
When a loved one dies, the estate must be settled. Debts and expenses are to be paid, and the remaining assets are to be distributed to the decedent’s beneficiaries. The emotional impact of the death on those closest to the deceased is huge, and unfortunately comes at the same time that they must handle the administration of the estate. McBride Law Group, P.C. members are acutely aware of the emotional trauma that the family is facing at this sad time and consider it their responsibility to help in any way that they can. Whether or not there was a living trust, the trust administration department can help with all aspects of the post-death estate.
When the decedent has a living trust, administering assets after death can be very simple, consisting of furnishing certain notices and information to beneficiaries by the successor Trustee. If the firm has been retained for trust administration, the members will take a hands-on role in assisting the family with their post-death duties, helping with everything needed in as quick a time as possible during this stressful experience. If assets were not held in a living trust, however, and are not passed to the beneficiaries by another method, a probate may be necessary. Julia McBride is certified as a Legal Specialist in Estate Planning, Probate & Trust Law by the State Bar Board of Legal Specialization, and she appears in Probate Court week in and week out.
For estates with assets totaling less than the minimum amount required for a full probate, they can provide informal administration such as:
- Petitions to Determine Succession to Real Property
- Affidavits re Real Property of Small Value
- Affidavits for Collection without Letters of Administration for Personal Property of Deceased Person
Conservatorships and Guardianships
Science and medicine are advancing every day. We now live longer than we used to, and Alzheimer’s and dementia affect many of us. There are few situations as painful as witnessing our loved ones’ minds and memories slowly deteriorate. A probate conservatorship is a proceeding to appoint someone to make decisions for an incapacitated adult. If handled improperly, it can destroy a family. If you are or might become involved in a conservatorship proceeding in Los Angeles, Ventura, or Kern County, you need an experienced probate attorney to lead you through the process.
Many people choose to appoint a legal guardian to care for their children as part of their estate planning. In cases where parents die without having written a will, the court will usually select a guardian during intestacy proceedings. When it falls upon the judge to establish guardianship for orphaned children, any close family members in the area will normally be at the top of the list, followed by friends of the family who are willing to assume the responsibility for raising the children. When no suitable candidate is available, the court will place the children in foster care or in an institutional facility.
The optimum arrangement is for the parents to take precautions against this type of situation by meeting with an experienced Los Angeles estate planning attorney to write a will that includes naming a guardian, as well as provisions for trust administration so the children can be supported by the post-death estate. If you need to take legal action to have yourself appointed as the guardian of children in your family, an attorney can help you present an argument in court to support your claim. As guardian, you will be responsible for the daily living and personal decisions of the children, as well as ensuring they receive proper medical care and education.