CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

IMPORTANT INFORMATION – READ THIS FIRST: My Loved One Has Passed Away, What Happens Now?

For those of us who have lost a close family member or friend, the loss is like losing a part of your soul that can never be regained. Experts generally describe three phases of grieving. The first phase involves shock and numbness as the first response, with acute episodes of crying interspersed with periods of calm. This phase generally lasts for the first few weeks. The second phase begins after that period and lasts several months, and is characterized by guilt, anger, insomnia, loss of appetite, panic and a sense of apathy. During this phase it is important not to withdraw from social supports or to succumb to a feeling of abandonment by loved ones. The third and final phase can be described as resolution, with warm sentimental thoughts more common but feelings of loneliness and depression persisting.

Unfortunately, the legal system is not built around these concerns, and is oblivious to the fact that the grieving process almost always impacts the decision making process. For instance, if you are in the first or second phase of grieving, your ability to process and recall information is greatly decreased. In other words, at a time when you will be receiving critical information regarding extremely important decisions concerning the decedent’s estate, your ability to absorb information has been greatly impaired. Then you are tasked with navigating a highly specialized part of the legal system that is so difficult to learn that most attorneys will not even touch it.

There are a host of legal documents that must be filed within 30 days of the death of the loved one. Missing the deadlines could result in grave consequences for the estate and the personal representative involved. After those filings, among other documents the court may require a disclaimer, a filing of estate tax returns (federal and state), an inventory and appraisal of the estate, etc. The list goes on and on.

If you are grieving, the best advice a person in your position can get is to see an attorney that specializes in probate law. Even if you later choose not to retain an attorney, you should immediately consult one so that you are aware of the tasks at hand. The initial consultation should be free. It doesn’t have to be the California Probate Center, but do yourself a favor and protect yourself from future lawsuits by other beneficiaries by handling things well from the inception of the process. At most, California Probate Code § 10810 sets a statutory limit and attorney’s fees may not exceed 4% of the estate’s value (unless extraordinary costs are incurred). The advice and peace of mind you receive will be well worth it.