Probate law deals with the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person’s property under the terms of a valid will or pursuant to the probate law of the state of California if there is not a valid will. Further, during the probate proceedings, the instructions left by the deceased are interpreted, the executor, administrator, or personal representative is appointed, and the interests of heirs and other parties who may have claims against the estate are adjudicated.
Probate law and the legal issues surrounding it, can often be one of the most grueling experiences a family can live through. The proceedings can take extended periods of time to complete and during the proceedings, the decedent’s family is restricted from using and enjoying the decedent’s assets. Our staff of professionals work diligently with families to ensure that probate proceedings move smoothly and without raising the stress level of the family and friends involved.
Often, probate proceedings lead to families contesting the proceedings. If this occurs, Kestler | Derryberry LLP‘s probate litigation department is there to assist you. Losing a loved one can be one of the most trying experiences that a person will have to endure. That is why it is imperative that you work with a law firm that employs an experienced, professional, and compassionate staff.
In addition to general probate matters, Kestler | Derryberry LLP is experienced in assisting loved ones care for their families by representing clients in and through conservatorship and guardianship proceedings.
In California, a conservatorship is a judicially created relationship where an adult has the legal responsibility and authority to care for another adult, whereas, a guardianship refers to the procedure used to care for minors and their estates. When a minor or an adult becomes incapacitated (or incompetent) due to an accident, disability, disease, or old age, it may be necessary to appoint a guardian or conservator to care for them.
Kestler | Derryberry LLP‘s attorneys have years of experience in effectively advising clients about conservatorships and guardianships while taking into account present and changing circumstances. Guardians and conservators owe a special duty to the minors or incapacitated adults they represent. A breach of such a duty may call for litigation. We handle conservatorship and guardianship litigation in addition to representing the executor, administrator, trustee, conservator, or guardian in judicial proceedings.
No matter the size of the decedent’s estate or whether you need advice about a conservatorship or guardianship, Kestler | Derryberry LLP‘s Attorneys and caring staff is ready to assist you with your probate related issues.