3 Questions To Immediately Answer If You Have To Take Your Case to Probate

When building cases, there are many things to take into consideration. There are many factors which could make the case either very simple or extremely complicated. 

The Probate Attorney 

As Palm Springs probate attorneys, we work on cases where a person is deceased and there are then others involved that we must discuss the distributions of assets with. As such, we must get to the bottom of each case and figure out the best solution.

Before making a decision, we need to especially find out the answers to three main questions: 

1) Does a will exist? 
2) What is the demeanor of those involved? 
3) Can we represent the fiduciary, or someone affected by their actions? 

1) Does a Will exist? 

It may seem like a will is all that is needed, but is that really the case? What if the will does not seem legit? Or maybe it’s not the latest will of the deceased? What if there is a more updated will but it just has not been found yet? These are all extremely important to consider. 

2) What is the demeanor of those involved? 

There are many cases where all parties remain cordial. This is not to say, that negative situations do not come up, because that would be false. It’s essential that every person that legally has a right to have a say in the case must be given the chance to become involved. Sometimes, in negative situations, this can lead to a slightly sticky situation and bad feelings on someone’s part. 

3) Do we represent the fiduciary, or someone affected by their actions? 

In our experience, we sometimes need to deal with a person that is not the fiduciary. They usually want to know what actions, or inactions are taking place. This can sometimes have an easy fix if they just go ahead and ask the fiduciary, which could lead to positive results. 

On the other hand, it’s possible that it wouldn’t be the best idea to approach the fiduciary because they will react negatively. We can represent the person who is inquiring about the estate if there’s potential for a case.

Trust, Estate, and Probate Litigation Attorneys of SBEMP


Valerie Powers Smith


Thomas S. Slovak


Chelsea M. Healey


Wendy S. Dowse


H. Neal Wells III


Charles Gallagher

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.