Administration

What we do?

Fiduciary

It is important to note who exactly the administrator represents in this process. The sole duty is owned to the departed. The primary concern is administering the estate of the departed. The administrator does not have any obligation owed to an heir or possible heir, beyond that which is required by law that derives from the estate itself. Thus the administrator's primary obligation is owed to the decendent's estate, not its heirs.

Double the Trouble

Who does what?

Attorneys involved

In the estate administration there are actually two separate attorneys involved. The probate administrator is an attorney, who in turn is represented by an attorney in the court proceedings.

While this may seem odd to an outsider, it actually makes great sense when understood why.

Each attorney has a different role to perform. The administrator must stay focused on impartial administration, treating each potential heir or creditor as potentially an heir or creditor. Meaning they could be, or could not be.

The representing attorney has the role of fighting for or against claims made. This is by definition not an impartial role, but rather one of a tester, probing for weakness, and identifying strength as a result.

Each has a different role, and to assure allegiance to that role, the law provides for a different attorney to provide each function.

Despite the administrator owing only a duty to the decedent and the estate, the representing attorney owes a duty to the administrator only.

What law is involved?

California law

Because estates are administered in California for all property owned any where in the world when one of our residents die, California law applies.

Generally speaking the primary law that applies is the California Probate Code. However, this topic is far reaching and involves a great many codes, for example the Code of Civil Procedure, Civil Code, Government Code, Revenue and Taxation Code, Evidence Code, Family Code, and even the Penal Code for false claims. In truth any of the Codes could come into play in any given estate, because life is far reaching and the connections infinite.

This why, even though the Business and Professions Code allows for non-attorneys to administer estates, it is best to choose one competent in the ways of the laws.

What happens to those making a false claim?

Criminal law

Those with a legitimate claim may of course proceed in good faith. But there are those that know they are making a false claim and are not legally a relative with the right to proceed.

There are real paracites out there that intend to steal and lie to make claim to something they are not entitled to. One of the main purposes of the probate administrator is to guard against this. With a vast of wealth in our army including a former prosecutor, we take special interest in ensuring that fraudulent claims will be sent to prison.

If you are such a fraudulent claimant, be forewarned, you are better off walking away now. Because you ran into a bigger, smarter and infinitely more vicious oponent. That picture will be your new home, not the one you were trying to steal.

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