Practice Areas
Probate & trust matters, start to finish
Probate and trust matters don’t always stay simple. What starts as a routine estate administration can become a contested accounting, an executor or trustee removal proceeding, or a full trial. Our law firm covers the whole range.
WHAT IF IT GOES TO TRIAL?
There are two kinds of probate attorneys: office attorneys and trial attorneys. An office attorney handles the routine filings, administration and accounting. If your case is contested, however, that attorney has to bring in separate trial counsel who then spends weeks getting up to speed at your expense. Mr. Bauman personally takes your probate and trust case from your initial consultation through closing argument. He’s been handling probate and trust administration and trials for over twenty-five years in San Diego and Southern California.
Probate Administration & Litigation
Full representation of executors and administrators from filing the Petition for Probate through the final order. When matters get contested, Mr. Bauman has the trial skills to see them through.
Trust Administration & Litigation
Trust contests, contested accountings, holding unfair trustees accountable, undue influence claims, breach of fiduciary duty, trustee surcharge actions. He represents both trustees and beneficiaries depending on the matter.
Trustee Representation & Protection
Even if Trustees do their job right they sometimes still face claims. Mr. Bauman’s firm protects Trustees by educating them of their duties, ensuring proper accounts to the beneficiaries, and tax handling matters.
Beneficiary Representation
Beneficiaries have rights to proper accountings, timely distribution, and honest dealing from whoever is administering the estate. Mr. Bauman represents beneficiaries who believe a trustee has been unfair, breached their fiduciary duties, or misappropriated assets.
Probate Mediation
Mr. Bauman serves as a private mediator in probate, trust, and conservatorship disputes, and civil litigation cases. Mr. Bauman is a credentialed mediator and has studied mediation at the Straus Institute for Dispute Resolution at Pepperdine University.
Estate & Trust Tax Counsel
Estate and trust administration almost always involves tax questions, including the IRS Form 706 Estate Tax Return, Props. 13 & 19 reassessment, and income earned by the estate after death. Mr. Bauman handles these IRS and California tax issues as part of your probate or trust representation. He is also available to consult with attorneys, CPAs, trustees, and private fiduciaries on estate and property tax issues.
FAQ
Common questions from referring attorneys
What is a Probate Examiner in San Diego?
San Diego County has three probate judges serving more than 3 million people. Probate Examiners review each case before the hearing for defects in the petition, publishing their notes about five days out. Attorneys then have a chance to fix problems before the hearing date.
How long does a California probate take?
A properly administered probate typically runs one to two years. Contested matters or complex assets can extend that.
Are California probate fees high?
No. California’s statutory fees under Probate Code section 10810 are in line with most other states, and lower than New York, Pennsylvania, and Texas.
What’s the difference between an office probate attorney and a trial attorney?
An office attorney handles filings and administration but can’t take a case to trial without bringing in separate counsel. A trial attorney handles the whole case. Mr. Bauman is a trial attorney.