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Grieving a loved one is painful. Unfortunately, the state doesn’t care—they still expect you to complete the daunting probate process within a year of your loved one’s death. But where to start? 1. File the Probate Petition The first step is to file a request to begin probate with the court. Fill out form DE-111, which includes nine main sections disclosing the petitioner and decedent’s information, who the heirs and beneficiaries are, and whether the decedent was survived by a spouse. Additional paperwork to attach to the petition include a certified copy of the death certificate and the original copy of the will, if possible. Check with your county registrar to see if you can e-file your petition or must file with the superior court in person. 2. Notify Heirs and Creditors It is the job of the executor (or representative if petitioning intestate) to inform all beneficiaries and creditors once the petition is filed. This is a crucial step; any missed notifications may delay the court’s approval. All notices to beneficiaries must include the date, time, and location of the hearing, as well as a receipt of delivery. If there is no will, the appointed representative must locate any beneficiaries or find out what happens to the decedent’s estate in the absence of heirs. The executor must then publish notice of the probate filing in a newspaper to make sure all interested parties are informed. A proof of publication must also be filed with the court. 3. Manage the Estate Collecting Assets The executor must document and collect all assets. A court-appointed “California Probate Referee” will also be assigned to value all assets appropriately. Paying Debts Any outstanding loans, funeral payments, utilities, and other liabilities must be paid. Some debts may be deferred or canceled, such as mortgage debts, Medicaid benefits, or student loans, while others may be protected from creditors or covered by insurance. Handling Taxes All applicable federal and state taxes (income and estate) must be paid. If the estate doesn’t have enough assets to pay for these debts, a declaration of insolvency must be made. Remember, if the estate isn’t managed correctly, or debts are mishandled, the executor may be held personally liable. 4. File Reports It is required, in conjunction with step three, to periodically submit reports detailing all activities and progress. 5. Final Distribution Once all assets have been collected, all debts and taxes paid, and all disputes resolved, it’s time to distribute the remaining assets. The executor will file a petition for final distribution to the court, which will include the final accounting report and proposed judgement of final distribution. Once approved, the executor will distribute the assets and submit receipts signed by the beneficiaries. 6. Closure Upon the conclusion of final distribution, the executor will file a petition for final discharge, releasing them of any personal liabilities related to the estate and closing the case. For assistance in completing your probate, check out our Probate Timeline Checklist and/or call for a consultation.

Knives Out chronicles the mystery behind the death of affluent patriarch (Christopher Plummer). Hidden within Detective Benoit Blanc’s (Daniel Craig) investigation is a family in turmoil – not because of the death itself, but because of how he divided his grand estate in his last will and testament. When it’s discovered that the patriarch has left the entirety of his estate to his faithful nursemaid (Ana de Armes), his kids do whatever they can to convince her to give up the inheritance or steal it in extraordinary ways. This, of course, is not the best way to go about contesting a will. The Correct Way to Contest a Will If the statute of limitations for contesting a will hasn’t expired, you must first petition the probate court (sometimes called a caveat proceeding) evaluated for validity and grounds for contestation so as to invalidate the will and find another way to distribute the decedent’s assets. Keep in mind that contesting a will can be a complex and expensive endeavor (especially if you hire a probate attorney to make sure everything is properly executed), so verify you have all your ducks in a row before beginning the process. Who Can Contest a Will? There are two types of individuals that have standing to contest a will: Beneficiaries—legal adults specifically named in the will, whether it be a family member, friend, charity, or pet. Heirs—individuals who would have a claim on inheritance, such as immediate family, if there was no will upon the decedent’s death or the will was found to be invalid. When Is Contesting a Will a Valid Course of Action? Contesting a will is a valid course of action when you can prove that it was improperly executed. Some reasons why this happens is when: the person creating the will (the testator) didn’t have the mental capacity to understand the contents of the will. a caregiver, family member or friend coerced, manipulated, or pressured the testator into drafting or changing the will (also known as undue influence). Someone forged the testator’s signature. The will lacks the required number of signers, witnesses, and notarizations. There are copious amounts of conditions put on how the inheritance can be received. What Else Should I Look Out For When Contesting a Will? Check with your state and local laws for specific requirements. For instance, in California, family members are all considered interested parties, regardless of whether they are named in the will; and in Texas, individuals with no relationship to the testator may not contest the will. Some states will also accept no-contest clauses or hand-written notes for why assets were distributed in certain ways. Of course, if there is a no contest clause in the will, going Knives Out may be the only remedy. Before you reach that point, though, contact King Law Firm Attorneys at Law Inc. We are ready to fight for your rights and help you navigate the often complicated and time-consuming process. Learn more with Gavels Down, Voices Up - Episode 14: Inheritance Wars: Defending Your Rights and Navigating Contests Episode 5: Last Wills and Family Feuds: Navigating Estate Planning Waters Episode 25: The Messy Relationship Between Death, Divorce, and Your Estate Plan

In our last blog, we provided some new insight into King Law Firm Attorneys at Law, Inc.’s litigation attorney, Rachel King. But no matter how dedicated and driven she is to protecting the rights of her clients, she cannot do it alone. That’s why she has built a powerful team of like-minded, female legal professionals to help her be the fiercest advocate she can be, both in and outside of the courtroom. It begins with a team of female legal professionals Rachel has had male colleagues in the past, but she prefers to surround herself with strong, professional women. There is an inherent sense of peace and understanding that occasionally gets disrupted when men have been a part of her team. She’s also found that co-ed offices tend to be less family-oriented, causing an imbalance in work-life balance that comes with an all-female team. Her team members agree — an all-female firm has a much more caring and uplifting atmosphere. There is an air of support in and out of the office that isn’t normally found in other firms and being part of an all-female firm helps get their voices heard and empowers them in ways that a co-ed or male-dominated firm sometimes will not allow. There is a lot of estrogen, though, which could potentially lead to a lot of pent-up drama exploding at any moment. Luckily, that hasn’t happened yet. The Lone Lawyer As of this writing, Rachel is the sole litigation attorney on staff, which means she is the only person who can provide legal advice, appear in front of a judge on behalf of the client, and prepare legal strategy for each case. She would love to have a partner to help relieve some of the stress that comes with litigation, however, finding someone who has the same dedication, work ethic, and loyalty to their clients as she does is like finding an obscure term in a sea of law books. The Paralegal Trio That’s why she surrounds herself with the best paralegals. Senior Paralegal Megan Adams has been a paralegal for five years (and loves—LOVES— her caffeine); Ashton Taylor, along with being a huge San Diego Padres fan and true crime junkie, has 14 years of experience in the legal field; and French-speaking Melissa Burke has been working in the law field for a year and a half. Together, this brilliant trio of certified paralegals are integral to providing superior representation. From drafting documents to gathering detailed facts and stories from every client, the team is able to get to the root of every issue with unparalleled resolve. Along with the team’s transparent client liaison, Gloria Zahn — a natural in communicating with clients to keep them up-to-date and informed of their cases — this team of female legal professionals at King Law Firm Attorneys at Law, Inc. fully support Rachel’s main goal of helping everyone, employee and client, grow and become better versions of themselves.

Planning for one’s death is important to avoid time consuming and often costly probate. However, creating a will or trust can be easily subject to undue influence. The client may not even know they are being manipulated. When the drafting of an estate plan begins, an ethical estate planning attorney will always be on the lookout for estate planning red flags that may hinder a person from signing, isn’t in their own best interest, or that will lead to costly or manipulated probate proceedings. 1. Medical or Cognitive Impairment The one key proponent for any legal document is the ability to sign under a sound mind. If after one’s death it’s discovered that the signer was not of sound mind when they signed the document, it could lead to costly litigation. When an individual drafts a will, always make sure they are not mentally impaired or living in a mental care facility. 2. Odd Changes After an estate plan is completed, large or irregular changes might prove that the signer is being manipulated into altering it. Changes that might raise a red flag include the disinheriting of a family member, adding someone out of the blue, or shifting major assets from one person to another. 3. Who Made the Appointment and Who is Making the Decisions It is always in the best interest of the person creating the will for that person to actively want to create the will on their own. If a family member, friend, intermediary, or nurse sets up the appointment and is making all the decisions for the signer, those decisions are probably not the true wishes of the signer. 4. The Creation and Signing is Being Rushed Creating an estate plan should not be an urgent matter. There are a lot of considerations to make that might be overlooked if the will or trust is rushed through the process. Family or friends who may be eager to get a will signed, refuse to answer questions for expediency, or are trying to rush the process in any way do not have the best interests of the signer in mind. 5. Property with Joint Tenancy is Encouraged Attempting to add assets into a will or trust that are jointly owned will do nothing but cause major issues during probate. Anyone pushing to include jointly owned property, such as a home, car, bank account, or even debt, may simply be looking to force a contention, which will lead to long, drawn-out and expensive probate hearing. One of the above estate planning red flags on its own probably isn’t enough to keep an ethical attorney from drafting a will. However, if multiple factors arise, the motivations behind the estate plan must be addressed to determine the client’s capacity to create and sign the document and guarantee the estate plan isn’t being created under undue influence.

Litigation may seem exciting on television: someone gets served, they run to an attorney, things get dramatic as both sides introduce explosive new evidence, and 45 minutes later, new information suddenly arises that helps win the case. Everything goes back to normal. Unfortunately, litigation in the real world rarely happens that smoothly. Litigation is a stressful process that could take days, months, or in some cases, years to complete. Most people would much rather settle out of court as quickly as possible. And though this may work well in some cases, no matter how stressful it may seem, litigation can be advantageous, even necessary at times, to preserve your rights. Advantages of Litigation Firm Resolutions: Many disputes cannot be resolved through alternative dispute resolutions (ADR). Litigation provides a clear outcome in a public forum, so even though each party may feel they are in the right, a judge will use facts and evidence to determine a clear resolution. Sets Precedent: If you believe a lawsuit may repeat itself over time, having a defined resolution will help to fight similar claims in the future. It can also help effect change by setting precedent for others who may find themselves in the same situation. Stricter Evidence Guidelines: During ADR, evidentiary power is usually in the hands of the arbiter, so biases can become an issue. Courts, on the other hand, have much stricter rules when it comes to how evidence is collected and presented. Litigation also helps force the hand of those unwilling to provide requested evidence with court-mandated guidelines and penalties for non-compliance. Appeals: Should you feel a mistake was made or the court was in some way biased against you during your case, you have the right to appeal the case to be heard in a higher court. In ADR, results are generally final, no matter what happens. Disadvantages of Litigation Time Consumption: As previously mentioned, court hearings take time. With all the myriad of lawsuits being filed every day, there isn’t enough time to hear them all in a timely manner. It could take months to simply get your case in front of a judge. Stressful: As you wait to get this dreadful monkey off your back, the stress of the situation can weigh heavily on your mind, causing you to lose a step-in business and in life, which could lead to additional problems. Damaging Relationships: Litigation can be emotionally draining and effect your relationships in a negative way. Distraction can lead to ignoring immediate family members or picking fights with close friends and relatives. Neutral Benefits Costs: Although litigation can become somewhat expensive, and there’s no guarantee you will be able to recover all your legal fees should you win, some litigation can be cheaper than going through ADR. Before deciding on whether you should go to court or try something else first, speak to an attorney about what is best for your specific circumstance.