Protecting Your Rights and Interests in Probate
Probate is the legal process to administer an estate of a person that died with a will or who died intestate (with no will or trust). In probate, the court will ensure that the will is properly executed and that property is properly distributed to rightful beneficiaries. This process is overseen by the person who is named the personal representative in the will or, if there is no will, a person approved by the court. It is a complicated procedure that requires filing several court documents. The estate cannot be transferred to the new beneficiaries without following these procedures. The probate process can take up to a year to complete.
A personal representative has a fiduciary obligation to handle the transfer appropriately. The property cannot be transferred without the final court order allowing the transfer. I am Sue Campbell, Attorney at Law, an experienced San Jose, California, probate lawyer dedicated to helping my clients protect their rights and interests through the probate process.
Advocacy in Probate
I represent personal representatives, executors, beneficiaries, heirs and other parties with an interest in a will or trust. The proper administration of an estate is critical and should be handled in a timely manner. As your attorney, I will go to court on your behalf, follow the probate procedure, handle accounting, tax issues, marshalling of assets, distribution and all other issues that may arise in probate. If you are the personal representative, I will make sure that the probate is handled correctly and in a timely fashion.
I also represent beneficiaries that want to contest the will, or who do believe that the personal representative is handling to probate incorrectly. A beneficiary should be aware that the probate attorney who is handling the probate for the personal representative represents the personal representative (executor) and does not represent the beneficiaries. I represent beneficiaries as well as the personal representative.
I am a San Jose probate lawyer experienced with cases involving:
- Death without a will
- Probate of a simple will
- Will disputes
- Probate litigation
- Individuals left out of will
- Disputes on the way the probate is being handled by the personal representative
Probate Representation for Out-of-State Clients
Many of my clients are children of a deceased person who have an interest in property or real estate in California. Probate is a complicated procedure that can take up to a year. With experienced and competent advocacy, you can avoid potential pitfalls and also minimize the time and expense of travel to make court appearances. I will take the time to review the facts of your case, identify your interests and will work to resolve your matter without you having to return to the state. It is quite possible to represent an out-of-state personal representative without them ever having to make a court appearance or even to return to California for any reason. Almost all transaction can be done by mail, e-mail and phone.
Will Contests and Actions Against the Personal Representative
I also represent beneficiaries, creditors and other parties who have a dispute with the way the probate is being administered. A beneficiary or heir at law may also want to dispute the contents of the will. This is called a will contest. A will can be disputed if the decedent was unduly influenced in the preparation of the will or the will was fraudulently procured or not authorized by the decedent. If you have concerns, I will review the matter to determine if you might have grounds to contest the will.
Free Attorney Consultation
For a free consultation with an experienced Santa Clara probate litigation attorney, contact me to set up an appointment. Feel free to call my office at 408-277-0648 or contact me by e-mail. Early morning and evening appointments are available by request.
My office in downtown San Jose is open Monday through Friday from 9 a.m. to 5 p.m. I offer free parking located directly adjacent to my office.