Legal processes, especially those involving family estates often bring on an undue amount of stress for the family members involves. Sometimes, conflicts and problems arise during the probate process. If you are involved in probate, perhaps a good idea would be to contact a legal professional regarding probate disputes Palm Springs CA.
What is Probate?
Before we get into the types of problems that can be associated with the probate process, we need to define probate itself. Probate is the legal process of administering a person’s will after they have passed away. For anyone in the United States, probate takes place after death if there are any concerns about the validity of the last will and testament. Also, if a person dies without a will, a probate court will determine how to lawfully distributes the individual’s assets.
Probate can be complicated and at times messy for heirs or beneficiaries who may not know when they will receive their inheritance or how the assets they will inherit are being taken care of during probate. Probate can be even harder for the executor, who may not be versed in the legal aspects of the situation.
Problems that Can Crop Up During Probate
Numerous problems can arise during the probate process. These problems can occur regardless of whether the family has prior legal representation or none at all. Here are a few of the concerns that can arise:
- The Deceased’s Assets Cannot Be Located
- The Executor is Unwilling to Function
- The Executor is Unable To Fulfill His or Her Obligations
- Creditors Make Claims Against the Estate
- The Terms of the Will are Contested
Very often, the fifth point is a sticky one, potentially involving emotionally charged family members. When a loved on passes away and you want to ensure that the probate process goes as smoothly as possible, consider calling an attorney who is competent in the probate area.