Helping You With Probate and Estate Administration
At The Loftin Firm LLP, we help clients who lost a loved one and are facing the daunting task of administering the estate. In this trying time, we represent beneficiaries, executors of the estate, rightful heirs and other family members who may have a claim to assets left behind by the decedent. We help our clients fulfill their legal obligations ¾ such as paying off creditors ¾ and strive to ensure the estate is administered according to the decedent's wishes.
Going through probate is not something you should do on your own. Call our Carlsbad, California, law office at 866.933.2340. You can also send us an e-mail.
The Probate Process
The probate process is a detailed set of procedures that is best understood by having a face-to-face consultation with a probate and estate planning attorney. However, the basic process is as follows:
- When a loved one passes away, a personal representative (executor) is appointed to oversee the administration of the estate.
- The executor is responsible for posting a Notice for Creditors so they can make claims to part of the estate for repayment of debts.
- Once creditors make their claims, the executor pays them out of the estate.
- A probate judge oversees the distribution of assets according to what is stated in the will.
Did Your Loved One Die Without a Will?
If your loved one passed away intestate (without a will) you still need to go through the probate process. In these cases, a probate judge will determine the rightful heirs of the assets ¾ usually close family members like spouse or children. Without a will, probate can be difficult because there are no guidelines to follow regarding how the assets should be distributed. We will help you understand your rights and serve as your strong legal advocate during the process.
Probate Litigation
Whether your loved one left behind a will or a trust, proper administration is critical to avoid legal issues. This is especially important for executors and trustees who are responsible for the distribution of assets. At The Loftin Firm LLP, we assist in making sure you know and fulfill your legal responsibilities.
If a dispute does arise, we can help protect your interests. We handle probate disputes involving:
- Breach of fiduciary duty
- Creditor disputes
- Undue influence
- Will and trust contests
- Inheritance disputes
- And more
Contact Us
For more information, or to schedule an appointment with an experienced lawyer regarding probate administration, please contact us. At The Loftin Firm LLP, we offer creative fee structures to fit the needs of our clients.
