The probate code governs how people handle property that belongs to someone else. It covers wills, estates, trusts, conservatorship, and guardianship.
Probate code violations typically involve allegations that someone has stolen money or is making decisions for their own benefit when they should be acting in the best interests of others. As these accusations can be difficult to prove or defend against, it is vital to appoint a skilled probate attorney to represent you. If you are facing such allegations or believe someone is engaging in improper conduct, contact a violation of Covina probate code lawyer at Amity Law Group, LLP.
Understanding Fiduciary Responsibilities
Probate matters often involve people acting as fiduciaries for others. Fiduciaries manage assets that do not belong to them, placing them in a position of trust and requiring them to act in the best interest of the people they represent.
The personal representative closing an estate is a fiduciary, as are trustees managing property on behalf of beneficiaries. Guardians and conservators are fiduciaries who manage property and make financial decisions for people who cannot handle their own affairs due to age or incapacity.
If you are writing an estate plan, the person you appoint as the executor of your will, guardian of your minor children, or trustee of any trusts you create must be capable of putting their own interests aside and working for the good of your beneficiaries. To avoid trust being broken, a probate attorney at our firm could discuss the attributes a fiduciary in Covina needs for a specific role, enabling you to make an informed decision.
Breach of Fiduciary Duties
Unfortunately, fiduciaries sometimes fail to fulfill their responsibilities, with their actions benefiting themselves at the expense of those they represent. Many probate code violations involve a breach of fiduciary duty, with examples including:
- Having an undisclosed conflict of interest
- Misappropriating funds for personal gain
- Failing to keep accurate records
- Making financial decisions that result in an undisclosed benefit to themselves
- Failing to distribute assets as required by a trust document, will, or intestacy laws
- Poor property management
Failing to communicate with beneficiaries while acting on their behalf is also a breach of fiduciary duty.
If you have been accused of violating your fiduciary duty or you believe a fiduciary is not behaving ethically, contact Amity Law Group, LLP. Our Covina attorneys could advocate for you and ensure probate law compliance.
What are the Violations Concerning Estate Administration?
The personal representative that a judge appoints to manage an estate may inadvertently violate the probate code. In many cases, this is the result of unfamiliarity with the law.
For example, the executor of a will must file it with the probate court within 30 days of the deceased person’s death. However, an executor is often a spouse or an adult child of the deceased, too overwhelmed after their loved one died to file on time. Contacting a Covina attorney soon after the death and working closely with them throughout the probate process could prevent inadvertent violations of the law.
Undue Influence Claims
Family members who are excluded from a will or receive less than they expected sometimes claim that another party manipulated or coerced a vulnerable person into making decisions they would not otherwise have made. These are some of the most frequent accusations of probate code violations that judges encounter.
California Probate Code § 21380 allows a judge to set aside a will if there is proof that the person who created it—the testator—was vulnerable and that a beneficiary took advantage. If someone in a position of power or authority over the testator improperly influenced their decision-making, resulting in an unfair will, a court might decide that undue influence occurred and invalidate the will.
Contact a Covina Attorney About Probate Code Violations
The probate code is complex, requiring knowledge, integrity, and sound legal advice to ensure compliance with all its requirements. If you need guidance or support through the probate process or believe a fiduciary is behaving improperly, our violation of Covina probate code lawyer is here to help.
Contact Amity Law Group, LLP, today for knowledgeable advice and advocacy.
