Rocklin Probate Lawyer

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Rocklin Probate Attorney

The time following a loved one’s passing can be extremely difficult. Not only are you grieving a loss, but you also need to handle the practicalities of locating their will and carrying out its terms. However, it’s important to know that you’re not alone. Our probate lawyers can help you navigate the legal process necessary for probate court.

Probate lawyers can help you ensure that the decedent’s will is carried out as planned and prevent you from becoming confused or overburdened by the legal process. Throughout the probate process, an attorney will ensure the fulfillment of all the decedent’s financial obligations while preventing the state from seizing more assets than necessary. Hiring a professional probate attorney to handle probate takes immense pressure off you and your family and ensures that everyone has the proper space to grieve.

If you need help with probate in California contact McCunn Law today.

If you are involved in the trust probate process, you need a compassionate probate attorney who can protect you and your family’s best interests. For more information about our probate and estate services, contact our office online or call (916) 773-6100 to speak with a member of our team today.

Call (916) 773-6100

McCunn Law: Your Rocklin Probate Attorneys

When it comes to probate law, no area firm has more experience than McCunn Law. With nearly a half-century of probate law behind our team, we have the expertise needed to help you and your family approach probate court with confidence. We have helped hundreds of families navigate the difficult world of probate, ensuring that hard-earned assets can stay in the family and be distributed as desired by the decedent.

What Is Probate Law?

Probate is a term that refers to the process a will goes through before the estate and assets can be divided. The court will review the will document and determine its validity, and also settle any taxes or debts that must be paid. Thus, probate cases are a very niche area of the legal system, and they are extremely important for anyone whose loved one has passed on.

During probate proceedings, the court also officially identifies the executor of the estate. Most people have assigned an executor, but if no one has been named in the will (or if no will exists), the court will assign one. The executor oversees overseeing the probated will and fulfilling its requirements by distributing assets as outlined in the document.

A probate lawyer can help a family throughout the probate process or help an executor oversee the distribution of assets.

Why Do I Need a Rocklin Probate Lawyer?

When it comes to assets, beneficiaries, and families, things can get complicated. Grief is a significant force after a death and can make even the most levelheaded individuals act irrationally. Families frequently experience disputes and arguments during this fraught time, and sometimes relationships are severed over a contested will.

Even if you get along with your family, probate court can be complicated. The process can be very stressful, especially if your loved one didn’t do a significant amount of planning before they died. A probate attorney helps to alleviate the pressure and ensures that you and your family have the space to breathe. An asset protection lawyer will help to walk you through the process and give you advice regarding the execution of the estate. With a legal professional on your side, you can ensure that the process moves as smoothly as possible.

What If My Loved One Didn’t Have a Will?

Sometimes, individuals pass away without outlining what should happen to their property when they die. This can happen because of an unexpected death or because the individual didn’t believe that they had sufficient assets to support a will. In either situation, if no will is found, the state has a procedure in place.

When there is no will, it is said that the person has died “intestate.” As a result, their property is distributed according to state law in their state of residence, regardless of what they may have wanted. Often, this means that the assets go entirely to the next of kin, but each state’s laws are different.

An asset protection attorney can help you to distribute the assets according to the proper state’s intestacy laws. This process can far more challenging than if the person had died with a will because many people may be left disappointed. Relations such as children, spouses, and friends may not receive anything at all, even if the family believes that the deceased would have wanted them to. If there is no will, distributing the estate can get contentious, and having an attorney to handle the proceedings can be incredibly helpful.

Distribution of Assets

After a will is validated in probate court and all debts are paid, the executor must turn their attention to the distribution of assets. This is often a very involved process because they must locate all assets and have items and property appraised. A Rocklin probate lawyer can be invaluable during this phase.

When it comes to distributing assets to beneficiaries, it’s best to have someone on your side who understands state laws and other regulations surrounding the distribution process. The eventual distribution will proceed much more smoothly, and you can ensure all debts and taxes are paid accurately. Whether you are named the executor of your loved one’s estate or simply wish to assert your rights as a beneficiary, a probate attorney can help.

What’s the Difference Between a Probate and Estate Planning Attorney?

Many attorneys practice both probate law and offer estate planning services. As a result, it’s not always necessary to make the distinction between a probate lawyer and an estate planning lawyer. However, these are two separate practice areas.

A probate lawyer helps either the beneficiaries or the executor see the estate through probate court and makes sure assets and debts are distributed and paid properly. All their involvement occurs after someone has already died, and they are hired by the family of the deceased or the executor rather than the deceased themselves.

An estate planning lawyer helps individuals get their affairs in order well before their death. Anyone can work with an estate planning lawyer to write a will, consider assets, create trusts, and more. In some cases, a decedent’s estate planner can work as their family’s probate attorney as well.

Contact McCunn Law for Rocklin, CA Legal Help

When you need a Rocklin probate attorney, whether you are an executor or a potential beneficiary of the decedent, our firm is here to help. McCunn Law has been providing probate representation for Rocklin residents for over fifteen years. Contact us online to request more information or schedule a consultation.

Why Choose McCunn Law

Our methods for handling business owner divorce and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.