Welcome to the Law Office of Tustin Attorney Alan Darnell, a comprehensive Probate and Estate Planning Law Firm. Mr. Darnell has been providing caring, exceptional representation to clients in need of assistance throughout the Probate process for more than ten years.
Whether you are the executor of a will or a beneficiary and need intelligent, skilled legal counsel regarding the Probating of a Will, Tustin Probate Attorney Alan Darnell possesses the knowledge required to help you navigate the complex process.
Please contact Mr. Darnell to schedule your free initial personal consultation by calling (949) 474-
Probate is the process of validating and administering the distribution of assets left by the decedent. Upon an individual’s death, their will must be filed with the local Probate Court with a Petition for Probate. All interested parties such as beneficiaries and potential creditors will be notified of the filing.
Thereafter the Court must make a determination as to the validity of the will. Should the Court find that the will is deficient due to undue influence, incapacity, or improper execution, it will be invalidated.
If the Probate Judge invalidates the will that was presented for Probate and there is no previously executed will that can be validated, the decedent’s assets will pass via California’s Laws of Intestacy.
Upon determination of the manner of distribution, whether based on the terms set forth in a valid will or through intestacy, a complete inventory of all of the decedent’s assets must be taken, and an appraisal of all items will be sent to the Probate Court.
If any creditors make a claim against the Estate, the Court will determine the validity of such claims prior to the disbursement of assets, including personal property belonging to the decedent. If the total value of the debts exceeds the worth of the Estate, all assets will be liquidated and the creditors will be paid off.
Only after the creditors are paid and a final accounting is provided to the Court will the heirs be able to receive their assigned disbursements.
There are numerous disadvantages to executing a will as opposed to other Estate Planning tools. Probate is very complex, extremely costly, can take up to two years to settle, and is a matter of public record.
Based on these factors, it is crucial that you retain an experienced Estate Planning Lawyer prior to executing a will. Tustin Estate Planning and Probate Lawyer Alan Darnell has been providing knowledgeable legal counsel to Estate Planning clients throughout the region for more than 10 years, and has 40 years’ experience as a Certified Public Accountant. This combination serves to benefit his clients in that he not only offers in-
For additional information, please contact the Law Office of Probate Lawyer Alan Darnell by completing his Probate Case Evaluation Form or calling (949) 474-
Located in Tustin, Mr. Darnell represents clients who live throughout the surrounding communities. Contact us to learn how we can help you resolve all of your Probate matters.
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