The legal process of probate involves identifying and valuing property, paying creditors and taxes, and distributing assets from a deceased person’s estate. Probate occurs when a person adopts a will or dies intestate without one.
The courts work with an executor named in a will or an administrator named by the judge if the person dies intestate. This individual is known as the personal representative of the estate.
Even with a will, problems can arise, often from heirs and beneficiaries contesting it by claiming the testator promised them more or was coerced. In these cases, evidence may be necessary to prove the will is valid.
However, a seasoned lawyer could discuss other challenges during probate in Covina. Call Amity Law Group today to speak with an experienced probate attorney.
The Challenge of Multiple Wills
Many people meet with their estate planning lawyers periodically to update trusts and wills because they wish to add or delete assets and beneficiaries or name a new executor if the first one dies. However, individuals often assume they can change terms in their wills by scribbling in the margins or downloading ready-made wills as life changes.
When a testator does not leave clear instructions about the prevailing will and multiple copies are found, discerning the deceased person’s final wishes may be one of the problematic issues during probate in Covina. As a person’s will becomes obsolete, an estate planning attorney can revoke and replace it to overcome this challenge.
The Challenges Posed by Executors
Executors named in a person’s will to carry out the final wishes regarding asset distribution may die, relocate, or reconsider their commitment to fulfilling this fiduciary duty to honor the deceased’s wishes. When drafting a will with an attorney, consider naming an alternate executor and reviewing the will periodically.
Some executors accept the position but fail to perform their duties as personal representatives because they are overwhelmed and do not know what to do or are self-dealing. Some improper actions an executor might take include:
- Stealing cash or other assets such as jewelry, clothing, and antiques
- Selling assets far below actual value to confederates when sold to pay creditors
- Missing deadlines for paying creditors, filing tax returns, or filing reports to the court
- Taking too much time to distribute assets to beneficiaries
- Ignoring beneficiaries’ questions and refusing to keep them informed
Heirs and beneficiaries can bring a civil lawsuit against a personal representative who is negligent in executing their duties. Sometimes, criminal charges are also filed for stealing and embezzlement. Talk to a Covina estate planning attorney who could help resolve challenges during probate.
Identifying and Valuing Assets
Sleuthing for assets is not difficult if the personal representative knows where to look, such as the bank where the deceased kept checking and savings accounts.
Other assets may require digging through drawers of paperwork and tracing backward from what is revealed in the will. If assets still cannot be located, the court may intervene and invalidate a will if the lost amount is exceptional. The deceased often sold the assets and did not amend the will.
Some assets have values that can be subjective; many antiques and artwork are worth what a buyer will pay, but professional appraisers can be arranged. Vehicles are valued through a dealer, and a realtor can appraise real estate. A Covina lawyer could overcome these unique challenges during probate.
Let an Attorney Handle Challenges With Probate in Covina
Probate entails a complicated process that can be daunting for an executor who assumes the job of personal representative. The named beneficiaries can have difficulty if they dispute the assets left to them; assets must be located, debts paid, and all loose ends tied up.
These barriers and others have solutions. Our lawyers could help solve them as they occur because we have knowledge of the probate code and experience within the system. Let us guide you through probate, whether you have been named an executor or beneficiary, with questions. We can help you overcome the challenges during probate in Covina.
