California probate and family courts can place enormous power in the hands of judges to determine whether family members are responsible for alleged wrongdoing, oftentimes relying heavily on hearsay or disputed allegations rather than actual firsthand evidence. The consequences can be devastating – a family member may be portrayed as having committed some perceived injustice by some irresponsible other family member – resulting in conflict than generates years of litigation and thousands—or even tens of thousands—of dollars in professional fees inside of California probate and family courts.
There are serious concerns about the financial incentives created by California’s family and probate court systems. In contested probate and family-law matters, attorneys, fiduciaries, accountants, appraisers, and other professionals can be paid from the very estates or assets that are being fought over. When disputes escalate, professional fees can increase substantially. The conflict becomes financially rewarding for the professionals involved – not the irresponsible litigant – rather than resolving family disputes as quickly and economically as possible.
The following figures demonstrate just how expensive probate administration can become even when there are no disputes whatsoever. These are estimates of professional probate costs under a straightforward, uncontested scenario. They do not include local, state, or federal taxes; real-estate commissions; accounting fees; unpaid debts; litigation expenses; extraordinary legal work; court costs; or numerous other expenses that can arise during the administration of an estate. In other words, these figures represent the cost of administering the estate under relatively favorable circumstances. Once disagreements, allegations, hearings, discovery, contested motions, or other litigation are introduced, the financial impact on the family’s finances increases dramatically.
The following estimate is based on this example: Real estate-$500,000, Bank accounts-$50,000, Vehicle-$5,000, and other property- $500
| Cost | Amount |
|---|---|
| Attorney statutory fee | $14K |
| Executor (personal representative) fee | $14K |
| Other administrative expenses | $4K |
| Estimated total | $32K |
Probate proceedings and family court matters may begin amicably, but can quickly become more adversarial once disagreements arise over children, support, property, finances, decision-making authority, etc. As disputes develop, parties may present differing interpretations of events, supported by varying forms of evidence and testimony to their appointed probate or family court judge. If disputes arise, especially as a result of false allegations, the cost and duration of the litigation increases significantly resulting in the chosen professionals in these California probate and family court taking thousands of dollars from grieving families.
Oftentimes, conflict which started in a California family or probate court creates long-lasting generational conflict inside (and outside) of families that started out intact before being summoned into a probate or family court. Join RaiseYourRights today to help resolve disputes quickly and prevent unwarranted governmental interference in families through false allegations with jury trial rights.