ORANGE COUNTY PROBATE ATTORNEY
Probate and the Probate Litigation Process – What You Should Know!
How to Find a Highly Recommended Probate Attorney
and what to consider when choosing your law firm.
Your Orange County Probate Litigation Attorneys
Choosing the Right Probate Law firm is Paramount
When you are looking for an Orange County Probate Attorney. Hess-Verdon & Associates is one of the most reliable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.
Our probate litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case.
We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estate, Trust, and Probate-related problems.
Have a trust? Then learn more about the trust litigation process.
If not, please continue to read about the probate process.
If someone dies intestate, i.e., without a Will, then you will enter into the California probate process.
We recently handled a case where a mom added her daughter to her accounts to help with bill paying. Her son assured all was correct, continued his day-to-day activities. Mom died in 2019, making the son the successor trustee. All of the accounts have, “Transfer on Death” (TOD) designation, and go to the daughter outside of the Trust.
The daughter refuses to split those equally because she feels that she deserved them for taking care of their mother.
Issues like this happen more often than you think.
Our probate attorneys are well versed to help mitigate loss, ensuring a cost effective and smooth process.
Serving State: California, Southern California
Serving cities: Newport Beach, Huntington Beach, Irvine, Costa Mesa, Laguna Beach, Newport Coast, Corona Del Mar, Santa Ana, Anaheim, San Juan Capistrano, San Clemente, Buena Park, Fullerton, Orange, Lake Forest, Laguna Hills, Garden Grove, Tustin, Yorba Linda, Fountain Valley, Westminster, Dana Point, Rancho Santa Margarita, North Tustin, Seal Beach, Los Alamitos, Villa Park, Ladera Ranch, Placentia, Laguna Woods, Aliso Viejo, Coto De Caza, State of California
We are a Top Probate Litigation Law Firm in Orange County
We are here to bring Peace of Mind!
Competent, Aggressive Legal Representation, Well Established
Get Smart & Strategic Legal Advice. Your loved ones deserve it!
What is Probate and How Can You Avoid It?
We understand the probate legal and administrative headaches you might face during such a difficult time. We also know it’s often difficult to find attorneys experienced in Trust and estates with proven litigation skills. So let’s go over a few crucial facts and best practices to ensure you get experienced legal counsel and avoid legal complications.
First of all, Probate is a court-supervised procedure that can take several months to several years, depending on multiple complex factors.
For an uncontested probate proceeding, it can be between 10 months to 18 months. For contested, i.e., probate litigation, it can take years.
Now, a Probate attorney can guide you through the judicial process. The decedent’s estate is valued, beneficiaries are determined, and executor in charge of the estate is declared.
Our probate litigation attorneys are well versed in helping mitigate loss, ensuring a cost-effective and smooth process.
See: California Probate Fees (chart)
Need immediate assistance, feel free to call us now at 949-706-7300.
In California, below are the top 4 reasons the court will oversee estate cases:
A Valid Will: The decedent’s valid Will, managed by the probate judge and the court of decedent’s jurisdiction.
- The dependent passed intestate (without a Will)
- A challenged Trust: The reviewing of the tested Trust as to the validity, capacity, fraud, or undue influence.
- A Trust is unfunded, and property remains outside of the Trust’s intended protection from the probate process.
Moreover, the probate court will look to certify the executor designated in the decedent’s estate plan or may appoint another 3rd party administrator under certain circumstances.
Need a Second Opinion?
There are times when you need a second opinion from another attorney. We can confidentially evaluate what the problems and solutions are for your case. Our probate attorney will tell you the truth about what the source is of your delays, questions, or increased expense.
If you are currently in litigation, consider the following:
- Why is this taking so long?
- Is it your lawyer?
- Do you wish your attorney was more like your opposing counsel?
- Why is this costing so much?
- When will this be over?
- When should you settle and for how much?
If you have questions that your attorney is not answering, or the litigation has taken unexpected twists and turns, you should seek a second opinion.
What is the cost of a second opinion?
Second opinions on handling your case can be rendered on favorable terms, in some cases, at no charge.
To discuss your situation, to meet with us, or to get your questions answered, please call our office to schedule an appointment. Call: 949-706-7300
Schedule an appointment today. Our specialized team is ready to assist you.
What Are Assets Not Part of Probate?
Now the good news is that not all the assets that are left behind need to go through Probate. In some cases, the heirs will receive assets without the probate process.
So what assets are subject to Probate?
Assets owned solely in the name of the deceased person are subject to Probate. The courts will review that the Will is valid and will administer the estate in the wishes of the passed loved one.
So what assets typically don’t have to go through Probate?
Here is a shortlist:
- Retirement accounts – IRA’s or 401K’s, for example, naming the beneficiary.
- Life Insurance proceeds.
- A living trust manages the property.
- POD: in a bank account that funds in Payable-on-death.
- Property held in joint tenancy with rights of survivorship
- Household goods, etc..
With that said, there are more, but it’s best to speak to an Orange County probate attorney who can guide you through this complex trust litigation process.
Probate Lawyer – Orange County – Hess Verdon
As a probate law firm, Hess-Verdon & Associates has helped thousands throughout California through the probate process.
Now, every estate and Will is different. What varies is the instructions left in the Will and the creditors, assets, and beneficiaries the estate has. We recommend setting up a meeting with one of our probate lawyers for a consultation.
Examples of trust and probate litigation cases:
- Will contests
- Defending Trustees
- Actions to remove trustees who fail to fulfill their obligations or breach their fiduciary duties to the beneficiaries
- Disputes over Distribution of Inheritance
- Trustee Accountings
- Spousal property characterization proceedings
- Elder financial abuse claims
What happens if there is no Will?
Well, you can’t grant Probate if there is no Will, but you can still administer the estate and distribute the inheritance through a slightly different process. The process is called rules of intestacy succession. Our special probate lawyer litigators are well versed and can sometimes work in contingency depending on the circumstance.
To discuss your situation, to meet with us or to get your questions answered.
Orange County Probate Court and Surrounding Counties
We made it simple for you to maintain some essential links and numbers for future reference. Feel free to bookmark this page as we continually keep it up-to-date on the latest tax laws on estate plans.
Below are some helpful links to the Probate Courts
Orange County Probate Court and Surrounding Counties
We have made is simple for you to maintain some important links and numbers for future reference. Feel free to bookmark this page as we continually keep it up-to-date on the latest tax laws pertaining to estate plans. Below are some helpful links to the Probate Courts
- Superior Court of California – County of Orange: https://www.occourts.org/self-help/probate/
- Address:700 W Civic Center Dr, Santa Ana, CA 92701
- Phone number: (657) 622-5800
- Superior Court of California, County of Los Angeles, Metropolitan Courthouse: http://www.lacourt.org/division/probate/probate.aspx
- Address: , 1945 S Hill St, Los Angeles, CA 90007
- Phone number: (213) 830-0198
- San Diego Probate Court: http://www.sdcourt.ca.gov/portal/page?_pageid=55,1529928&_dad=portal&_schema=PORTAL
- Address: 1100 Union St, San Diego, CA 92101
- Phone: (619) 844-2400
- Riverside Probate Court: https://www.riverside.courts.ca.gov/
Get a Experienced Counsel Today!
From day 1 we will work diligently and provide experienced legal counsel. Simply fill out the form below, and our litigation team will call you to discuss. Thank you.
Hess-Verdon & Associates, PLC
A Professional Law Corporation
Fee Arragements Include:
- Hourly fees, regular rates, structured rates, and custom rates to meet your particular needs.
- Contingent Fees if the merits and nature of your case warrant.
- Part hourly/part contingent fees.
- Enforce provisions to make your opponent pay your fees.
- Fixed Fees.
- Cooperate with corporate legal department policies.
- There is generally no charge to a new client for an initial one-hour consultation.
- Second opinions on the handling of your case can be rendered on favorable terms, in some cases, at no charge.
We work with you to keep your fees to a minimum by designing a strategy that gets the maximum result. We work diligently to promote a favorable settlement with the least expenditure of time.
We have successfully represented a large variety of clients. The successful outcome of any given case, which is always dependent upon its specific facts, can never be guaranteed.
In some matters, when we negotiate some or all of the attorney fees on a contingency basis, the client may be held responsible for advanced costs.
Some of the advanced costs (including, but not limited to)
- Deposition fees, filing fees, witness fees, etc. when there is no recovery.