Estate Planning

Estate Planning Attorney in Los Angeles


With proper estate planning, you can ensure that your assets are allocated to your family and loved ones without the involvement of the California probate court. When an estate is in proper order, and there is clear documentation as to the wishes of the principal, it reduces the possibility of court battles over asset distribution, trusts, or actions of the estate’s administrator. When these issues do arise, however, employing an attorney is a viable option. In the event that someone has a claim against an estate or how it’s settled by the administrator, an probate estate attorney can help to determine how to legally solve the problems and resolve the discrepancies before they have the chance to escalate.   

What Does an Estate Planning Attorney Do?

An estate planning attorney has multiple responsibilities, including drafting trusts, wills, powers of attorney, and other legally binding documents to ensure that their clients’ wishes are respected at the time of their death or incapacity. When matters related to an estate are contested in court, the estate attorney can represent the interests of the estate, the beneficiaries or other interested parties. In the event that an interested party is incapacitated, a power of attorney allows the attorney-in-fact to hire a attorney to represent them.

Estate Planning Lawyer vs. Probate Estate

Some people view the hiring of an estate planning attorney as an extravagance or an unnecessary expense, but there are several reasons why you should consider hiring one. The goal of estate planning is to make all matters concerning the division of assets clear, to avoid the estate from going to probate and be administered through the probate courts. There are financial benefits to planning ahead. You can avoid the time and expense of the probate and court costs, attorney fees, executor commissions and other costs and expenses not to mention the time delay caused by probate.   Because estate planning lawyers are knowledgeable about probate law and estate administration, they can recommend various instruments, like trusts to ensure that your beneficiaries’ inheritance isn’t eaten up by excessive probate fees and expenses.  

Hiring an estate planning lawyer to draft a will or trust can also help to avoid a less than favorable outcome for your heirs by keeping them out of the Los Angeles area probate courts. In the absence of a proper estate plan, the L.A. probate courts will preside over the estate assets and distribute them according to California law, which may be counter to your wishes. Additionally, probate courts can take years if there is any disagreement or argument over the estate or will. The Los Angeles probate court is overloaded with cases.  Depending on the type of case and the property involved the process can be time consuming which can cause delays therefore creating large expenses for the estate that can mount over time and exhaust the estate.  Additionally, protracted court processes can cost a fortune in attorney fees and court fees. The bottom line is that hiring an estate planning lawyer to ensure the smooth transfer of assets can save your estate a fortune down the road.

The Estate Planning Attorneys at the Law Office of Colette T. Davis Serve Clients in the Los Angeles Area

Disagreements over estates are very common, as are the accompanying legal issues and disagreements. No one wants to think about their own death or incapacitation, but having a plan in place will help to ensure that your assets are protected and your final wishes are respected. Plan for your estate’s allocation when you are able to make the decisions. Waiting too late is “too late”. Calling an estate planning law firm allows our estate planning attorneys to start planning for your future and avoid having your property pass through the California probate courts. Free consultation available.

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