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.