Welcome to Highview Law P.C.
We do Probate.
We do it well.
We are ready to be your step-by-step guide through the probate process.
Our Probate Law Services
Estate Administration
Estate administration is the process by which the deceased’s assets are collected, maintained, and distributed among creditors, heirs, and beneficiaries.
The process begins with an interested party filing a petition to administer the estate in the county in which the decedent lived. The probate court will appoint an estate representative called a fiduciary, who will be responsible for managing the affairs of the decedent’s estate.
Without an experienced attorney by your side, the estate administration process can be confusing, lengthy, and expensive. It is important for people dealing with this process to retain the services of an experienced attorney. We can help the appointed fiduciary with all the necessary steps in quickly settling the estate while making certain that your rights and interests are fully protected.
Trust Administration
If a person created a living trust and successfully transferred the assets into the trust during his or her lifetime, then it is not necessary to probate the estate assets. A successor trustee immediately assumes the management of the decedent’s affairs in order to pay creditors and distribute assets to the intended beneficiaries. A trustee has important fiduciary responsibilities that have serious legal consequences.
A trustee’s basic duties are the same as those of the executor of a will, however there is no court oversight or guidance in the process. It may sound simple, but there are numerous steps involved in administering a trust, such as:
Contacting the beneficiaries;
Gather, valuing and managing assets
Notifying creditors;
Paying debts and taxes; and
Distributing remaining income according to the terms of the trust.
Trustees often lack the time, resources, or knowledge to personally administer the trust and often call upon an attorney for assistance. We can guide you through completing this process and inform you of all your legal duties. There will be much to do, but with our help you can feel confident that you are meeting the requirements under the law, while honoring your loved one’s wishes.
Trust & Estate Litigation
Probate litigation may arise for a variety of reasons. For example, there may be a dispute over the construction and validity of a will or trust. This can be due to allegations of undue influence, lack of capacity, or even fraud. Additionally, there may be disagreements over who should be appointed as the personal representative of the estate (i.e. who will be the executor, administrator, or trustee). Finally, litigation may be required in order to sort out the appropriate distribution of the estate or trust assets.
Highview Law P.C. can handle litigation issues that include:
Inheritance or beneficiary disputes
Will and trust contests
Breach of fiduciary duties
Lost wills or trusts
Removal of trustees, executors, or administrators
Allegations of incapacity and undue influence
Creditor claims
Fraudulent transfers
Asset recovery (California Probate Code section 850)