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By: Scott Grossman on September 4th, 2016

Probate Assets: Take These Five Steps Before A Will Contest In California



When a loved one passes away, chances are that a bulk of his or her estate will need to be administered through the probate administration process. Only certain assets, such as those that were jointly held, had named beneficiaries, or were held in trust, will pass outside of probate. The personal representative of the estate is in charge of carrying out the administration process for probate assets. Unfortunately, some personal representatives fail to abide by these rules and attempt to distribute probate assets without following the procedures outlined in the California Probate Code for a probate administration. The result may be a California will contest.

Even if you know that the assets of your loved one are being distributed improperly outside of the probate proceedings, you may be unaware of what you should do to intervene. Consider taking the following steps:

  1. Contact an experienced will contest attorney in California right away. The longer that you wait, the higher the risk that assets of the estate may be reduced.
  2. Obtain a copy of the will if your loved one executed such a document prior to passing away.
  3. Gather copies of all probate administration records that have been created as part of the proceedings.
  4. Create a list of all assets that have been distributed outside of probate proceedings, including where those assets have been held and who they were distributed to.
  5. Gather all evidence of the distribution of these assets outside of probate, such as copies of written communications or changes to the title of the asset.

Once you involve an experienced San Diego probate litigation attorney in your potential will contest, he or she can provide valuable assistance to prepare a successful case. When property is being distributed without the oversight of the probate court, your potential inheritance is at risk. For assistance protecting the assets of the estate, contact an experienced San Diego probate litigation attorney today. Call The Grossman Law Firm at (888) 443-6590 for a consultation.

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The Grossman Law Firm, APC (951) 523-8307