Several types of legal claims may arise during the probate process: various estate claims, lawsuits against fiduciaries for breach of duty, and claims involving elective shares. Whether you wish to bring a claim or have one brought against you, legal counsel is crucial to dealing with the proceedings.
Discuss claims in Rosemead probate with an attorney who could advise you on your situation. An experienced lawyer could be the advocate you need to navigate the process successfully.
Estate Claims in the Probate Process
Creditors of the decedent can file estate claims to pay back and clear outstanding debts, such as from health insurance providers, credit card companies, or judgment creditors. From the date of the petition for probate, creditors generally have six months to file a claim; any claims after the enforcement period will be void.
The creditor must notify the petitioner and any possible heirs of the estate. The claims are paid through the estate based on the final distribution after inventory and appraisal of the decedent’s assets. A Rosemead lawyer could further explain the process of settling estate claims in probate.
Fiduciary Accounting Claims in Rosemead
The fiduciary is essentially the personal representative of the estate. They have a duty to review the estate’s accounting and complete due diligence in locating its assets and liabilities. Generally, the personal representative will hire an accountant or CPA to assist with these duties in probate.
What is Fiduciary Duty?
Fiduciary duty is a legal and moral obligation to act in the estate’s best interests. A breach of this duty could involve failing to appear in court or file necessary documents. Another example could include the fiduciary comingling or stealing funds from an estate sale.
Lawsuits Against a Fiduciary
Heirs of the estate could bring a lawsuit against the fiduciary for a breach of duty resulting in losses or decreases in the value of certain estate assets. Heirs of the decedent could even file a petition with the court to have the fiduciary removed or replaced based on breach of duty accusations. Those bringing or facing these claims during the probate process should consult a local attorney.
Elective Share Entitlement in Probate
Generally, surviving spouses are entitled to half of the decedent’s estate. If the decedent had children, they typically would share equally with the surviving spouse, depending on the nature of the asset and how it was acquired or titled. Spouses have a right to claim their elective share in probate; however, certain circumstances can call this entitlement into question. For instance, the decedent might have a will stating they did not want the surviving spouse to receive their elective share.
Anyone contesting an heir’s elective share in probate should consult a Rosemead lawyer who understands the claims process. Legal counsel could also advise those facing claims on protecting their share of the estate.
Contact a Rosemead Attorney for Help with Probate Claims
Probate can be a legally complex and emotionally difficult process, especially when disputes arise. Claims in Rosemead probate can address anything from estate debts to shares of inheritance to representative duties. Each type of lawsuit or claim involves legal nuances and specific proceedings to reach a resolution.
Work with a seasoned attorney to navigate common issues during the probate process. Contact our legal team today for a consultation.