Estate Administration and Probate / Contested Matters

An estate is comprised of everything a person owns—car, home, real estate, furniture, personal possessions, checking and savings accounts, investments, life insurance, etc. In that regard, nearly every person has an estate and, therefore, needs to plan for what happens in the event of death or disability. Our Temecula probate lawyers also can assist with the process that follows.

Benefits of estate planning include:

• Personal control over how property is distributed.
• Personal control over decisions regarding medical directives.
• Naming a guardian for minor children.
• Providing for family members with special needs without disrupting government benefits.
• Providing for loved ones who might be irresponsible with money or need protection from creditors or divorce.
• Providing for the transfer of your business interests.
• Minimizing taxes, court costs, and unnecessary legal fees.

Will or Living Trust?

A will is a document that provides direction about how your property will be divided at your death and appoints a legal representative to carry out your wishes. A living trust is used to begin distributing property before death, at death or afterwards. In other words, a will goes into effect only after you die, while a trust takes effect as soon as you create it. That’s simplified answer to a very complex issue. At Davis & Wojcik, a qualified estate planning lawyer will help you decide which is best for your situation. Our probate attorneys also can help Temecula residents navigate the process after a loved one dies.

No Plan

Intestacy is the condition of the estate of a person who dies without having made a valid will. In this situation, the state, not your family, will control how your assets are distributed. Most people prefer that these matters be handled by family members rather than the courts. If young children are involved, it is always better to have a say in who raises them. Therefore, it is important to have an estate plan. Death brings questions. Estate planning provides the answers.

Probate

Probate refers to the legal process of determining if a will is valid, transferring property to heirs or beneficiaries, and taking care of the financial responsibilities of the person who died. Dealing with the courts and the property of someone who has died is very complicated and takes between 9 months to 1 ½ years, or maybe even longer.

At Davis & Wojcik, our team of experienced Temecula probate attorneys can navigate the complexities of the legal process. Probate is rarely straightforward and the one thing you can expect are unexpected circumstances. Our lawyers can assist with lost wills, will contests, executor and trustee removals, probate petitions, creditor claims, trust administration and probate litigation.

Davis & Wojcik understands that probate cases are extremely difficult on a family, especially because they always involve the recent death of a loved one. That’s why we strive to make our clients feel comfortable by providing guidance and information in every step of the probate process.

The best time to plan your estate is now. To schedule an initial consultation with experienced estate planning lawyers, contact Davis & Wojcik by calling (951) 587-2222 or submitting a message through our online contact submission form.