Many people assume that the California probate process can be avoided if they have a will or living trust, but as an Orange County probate attorney notes, this is not always the case.
It is not uncommon for an earlier will to be discovered or for a will’s validity to be challenged on the grounds of mental stability, undue influence or several other factors that can invalidate a will in California. If that is the case, probate may become necessary.
Even if a will is proved to be valid, there may be reasons for it to be contested – for example, if a potential heir has been left out of the will, or if the will was not updated to include subsequent potential heirs (new spouse, children, etc.).
If there is substantial real property at issue, titles cannot be cleared until the property has been probated. For these and many other reasons, it is important to consult with an experienced California probate lawyer if you are the executor of an estate that may face a challenge or have questions about the disposition of real property and other assets.
The Flanigan Law Group provides Southern California residents with personal attention for estate planning, administration and litigation legal services. When disputes between families, arise, they are very successful in resolving legal estate issues quickly and efficiently while preserving financial and emotional resources. Contact the Flanigan Law Group at 949-450-0042.