Our Santa Barbara Probate Attorneys Will Guide You Through Difficult Times

 

Bartlett & Herrington, P.C. is devoted to providing exceptional probate administration services to families and individuals in Santa Barbara.


SCHEDULE YOUR CONSULTATION
 

Our Santa Barbara Probate Attorneys Will Guide You Through Difficult Times


Bartlett & Herrington, P.C. is devoted to providing exceptional probate administration services to families and individuals in Santa Barbara.


SCHEDULE YOUR FREE CONSULTATION

Contact Us Today

Call (805) 576-7693 to speak with our experienced Trusts & Estates attorneys.

SANTA BARBARA PROBATE ATTORNEYS

Probate is a court-supervised process for distributing the individually owned assets of a deceased person. Assets are distributed to beneficiaries following the instructions written in the person’s will (or California’s intestacy statutes if the person died without a will). Our law firm offers legal services to executors following a death in Santa Barbara. The executor is responsible for ensuring that the assets of the estate are distributed properly and in a timely manner in Santa Barbara Probate Court.

An overview of the valuable guidance we provide includes:

  • Review of the executed will
  • Gathering of all assets of the estate
  • Explanation of executor’s responsibilities
  • Estate tax analysis
  • Collection of death benefits
  • Creation of sub-trusts

If your loved one in Santa Barbara recently passed away, contact the attorneys at Bartlett & Herrington today to discuss your probate needs.


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Bartlett & Herrington, P.C.


4299 Carpinteria Ave., Suite 101
Carpinteria, CA 93013

Phone: (805) 576-7693
Fax: (805) 576-7697

SCHEDULE YOUR FREE ESTATE PLANNING SESSION


Bartlett & Herrington, P.C.

4299 Carpinteria Ave., Suite 101
Carpinteria, CA 93013

Phone: (805) 576-7693
Fax: (805) 576-7697

If you are in Santa Barbara, California, and you are facing a situation where a loved one has died and left a last will, you are going to need to deal with probate issues. Probate, by definition, is a process where a legally filed will shall act as a valid document that will express the last wishes of the deceased. In most cases, a lawyer will preside over the case, one that has been appointed by the decedent before their death, that will gather all of the family members that are in the last will. However, there can be some problems that arise such as people not happy with what they get, or they may even contest the validity of the will, and this is where these useful tips for probate administration can help people that might face these problems.

A Little Bit More About Probate

Probate is also about a legal will that will be accepted, not only by the people that are in the will but in a court of law. If it is executed right, even if people contest what is in the will, or even the will itself, a judge will overrule any arguments that people may have about its validity. Additionally, there is often an executor of the will. The executor is typically a family member. Lawyers are usually only brought in to support the executor if necessary. The executor has the legal power to take all of the assets that the decedent had, as listed in the will, and disperse them accordingly. Despite all of this preparation, there are still problems that may arise, a few of which we will now reference.

Problems Associated With Probate

Some of the challenges that may arise are that people will contest the executor of the will. It might be a family member that is not that popular. They may believe that the individual that is in charge of dispersing all of the assets of this person is not competent enough for the job. Make sure to file the paperwork carefully, and everything in the will can be dispersed, payable on death, as recorded in that document. Additionally, people that are in the will, or may not even be listed, could hire lawyers of their own to begin a legal fight. That’s why it is so important to work with a lawyer when you are preparing your last will so that these problems cannot exist. At the very least, if it ever does go to court, they will be shot down by the lawyer representing the decedent, as well as by the judge.

How To Properly Prepare The Last Will

The preparation of this last will, or living trust, should be done by a probate attorney. The will alone is going to make it so difficult for anyone that has a problem with the dispersal of assets to do anything to change the terms and conditions stated in the will. If you are in Santa Barbara, there are a multitude of probate lawyers that you can talk to, and eventually hired to prepare all of this paperwork. California is a very litigious state, where lawsuits are filed all the time, and it pays to work with a competent attorney that understands every aspect of probate.

This overview of the many problems that can happen, and also ways to prevent them, should motivate people to find a competent probate attorney as soon as they can. If everything is done the right way, using a probate lawyer, probate issues will likely never be a problem that will arise.