Protecting The Interests Of Beneficiaries
After the death of a loved one, if there is no will or if there is only a will and no trust, the estate will need to be probated. In the event that your loved one died without a will, there are laws that specifically apply to determine beneficiaries and distribution.
At my firm — the Law Office of Barbara J. Dibble — I represent clients who are beneficiaries of an estate or a trust regarding problems that may arise with trust administration or execution of a will.
California Probate Can Be Complex — Protect Your Interests
If the deceased left only a will and no executor is named, an executor can be appointed. The executor will then settle any relevant debts of the estate and distribute any remaining assets and property according to the instructions of the will, including distribution of assets into a trust to be managed by a trustee.
The purpose of a trust is to protect the beneficiaries; as a beneficiary, you have the right to ask for information regarding administration of the trust and the right to proper management of the trust. Similarly, a beneficiary of a will has the right to object to improper distribution. Contesting a will or trust, however, is something different and must be carefully considered as there are strict laws that govern a beneficiary’s right to do so.
The laws applicable to estate distribution and trust administration can be very complicated. For example, particularly if you have inherited highly valued assets or property that has increased in value over the years, estate tax implications of your inheritance must be considered.
When you have questions about the distribution of your loved one’s estate or administration of a trust of which you are a beneficiary, it is crucial that you seek the assistance of an experienced estate planning attorney who understands how these laws work together.
Schedule A Free Consultation
If you are a beneficiary of an estate under a will or a trust and have questions or concerns regarding administration of the estate, call us at 714-515-5126 or contact me online to schedule a free initial consultation. I have regular office hours, with evening and weekend appointments available.