What Does A Probate Litigation Attorney Do?
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Originally Posted On: https://hessverdon.com/probate-litigation/
What to Know!
Steps to protect your legal rights
Hess-Verdon & Associates – No. 1 California Probate Litigators
If the deceased didn’t leave a will , the court relies on state law to distribute the assets. However, a last will and testament would have made the process smoother. As the grantor, the purpose of a last will and testament is to express your wish for how your wealth is to be shared among heirs and the surviving spouse or beneficiaries after your death and who will be in charge of your wealth until its ultimate distribution.
However, in some probate processes, disagreements arise. In some cases, the parties involved reach an agreement outside courts, but conflicts result in litigation in other cases. Probate Litigation occurs due to a breach of fiduciary from the Executor or Trustee.
Learn more about petitioning to remove an executor from an estate.
Essentially probate litigation refers to individuals’ legal action to seek compensation or guidance from the court regarding a will or trust. But litigation is not a simple process; it’s essential to retain a probate litigation lawyer’s services to help get favorable results. Call Hess-Verdon today at 949-706-7300.
What is a probate litigation attorney?
A probate litigation attorney provides legal representation in contested trusts or wills.
A probate litigation lawyer is different from an estate planning attorney. While the latter is also familiar with estate planning, wills, and trusts, that is just about the extent of their specialization; they won’t represent you in probate court.
A probate litigation lawyer is a trial attorney with experience in estate planning, wills and trusts, and the judicial process involved in disputing a will or trust.
Top California Probate Litigation Attorneys
Hess-Verdon is in Newport Beach, CA.. We have 30 years’ experience in estate planning law and have helped clients throughout California. We have helped many clients protect their estate, grow their estate, and pass it down to their loved ones through various legal instruments.
Top California Probate Litigation Attorneys
Hess-Verdon is located in Newport Beach, CA. We have 30+ years of experience in estate planning law and litigation and have helped thousands of clients throughout California. We have helped clients protect their estate, grow their estate, and pass it down to their loved ones through various legal instruments.
When should you hire a probate litigation Attorney?
A Probate dispute lawyer comes in when an issue with a will or trust leads to litigation. A probate litigation attorney can help both trustee and beneficiaries resolve disputes involving a beloved’s trust or will.
But you cannot just challenge a will or trust because its terms are not favorable to you. You see, there are four legal causes to contest a will in California. These include the following:
- Fraud
- Undue influence
- Incapacity
- Violation of state law.
Here, therefore, are examples of scenarios that could do with the help of a probate litigation attorney.
Quiet title to a property
Suppose there are claims or challenges to a loved one’s property title. In that case, you can bring a lawsuit to court to settle or establish the title to the property—this will ‘quiet’ any challenges to the plaintiff’s property ownership.
Quiet title lawsuits are common after the passing of property owners. Following the case, the plaintiff and their heirs fully possess the property. The heirs will also be protected from further challenges to ownership by outside contestants. Hess-Verdon & Associates specialized in Quiet Title lawsuits. Call today.
Probate Dispute
The probate litigation process also provides information, advice, and legal representation when contesting a will or disputing a trust. A will or trust may come under dispute if it’s changed under suspicious circumstances and contains ambiguous wording, mistakes, or omissions. In any case, a court’s wisdom will be needed to resolve disputes.
Seek compensation for a violation of fiduciary responsibilities
The executors and trustees are appointed to carry out a decedent’s wishes concerning their will or trust. They have a fiduciary responsibility to beneficiaries and or heirs. That means they shouldn’t act in self-interest.
If you are having problems with an executor or trustee, you can file a lawsuit to have them removed and get a responsible fiduciary in place. You can also seek compensation for misappropriated funds.
Secure a property taken without one’s consent,
It’s always good to distribute a loved one’s assets according to their wishes. However, that may not be possible in the case of missing items. A lot happens when a loved one passes away; usually, one’s estate is not secure.
Amidst the grief and uncertainty, items start to disappear. If the missing items amount to the level of criminal theft, a probate litigation attorney can help file a lawsuit to help discover the whereabouts and recover missing properties.
Address undue influence
One of the most well-known reasons for disputing a trust or contesting a will is undue influence. It usually happens if one or more beneficiaries or heirs take advantage of the decedent, influencing them to change the will in their favor. If you suspect that a will or trust has been changed due to undue influence, you can contest it in probate court to get it set aside.
Please note: You have a timetable to act to show a breach of fiduciary duty. A probate litigation lawsuit is not easy; that is why Hess-Verdon & Associates will guide you through the estate dispute process. Call 949-706-7300.
Issues of incapacity
Undue influence and incapacity go hand in hand in the probate process. If the decedent lacked the mental ability to make a sound judgment about the distribution of their assets, a probate litigation attorney could argue in court to get the will or trust tossed. Many times, a family member may enter into the life of the grantor months before death. The family member then takes the grantor to change the trust only to make them the Executor or Trustee and change the percentages of the distribution. Should this have happened, it’s imperative to contact an attorney immediately as you only have a certain amount of days to contest the will or trust. If you are a surviving spouse, and this is the case, gain control and contact Hess-Verdon today!
Tortious interference with a testamentary expectancy
If you do not receive part or all of the gift bequeathed to you by a decedent in their will, you can file a tort claim against the person interfering with your inheritance. Courts allow tort claims relating to inheritance if there is no other probate remedy you can get. Ready? Call 949-706-7300.
The mechanisms of probate litigation
In a probate litigation case, the plaintiff brings the case to the probate court, seeking redress and guidance regarding a disputed trust or will; a court trial may proceed following discovery. For the duration of the case, the plaintiff can seek to have the trustee or executor removed and the trust placed in the hands of a temporary fiduciary until a ruling is made.
Generally, there is no specified period after someone’s passing for the will or trust to be filed for probate. Also, because the executor and trustee are personally liable to heirs or beneficiaries, they are expected to defend themselves in person.
Probate cases take time to litigate. Indeed, most people set up trusts to avoid the hassles of probate. But even so, beneficiaries or heirs of a trustor can still take legal action against a trustee to get them removed or the trust set aside for various reasons.
Probate litigation lawyers near me
Because hearings and trials in probate litigation cases take place in county probate courts where the loved one died, it’s a bright idea to retain the services of a probate litigation attorney familiar with your local county court.
Do you need the help of a probate litigation attorney in California? Indeed, our attorneys are familiar with estate planning, wills, and trusts and are experienced in trial law. We will help you in trust and probate litigation cases, ensuring you get the best result. Contact us today for help with your disputed will or trust.
Secure a property taken without one’s consent,
It’s always good to distribute a loved one’s assets according to their wishes. However, that may not be possible in the case of missing items. A lot happens when a loved one passes away; usually, one’s estate is not secure.
Amidst the grief and uncertainty, items start to disappear. If the missing items amount to the level of criminal theft, a probate litigation attorney can help file a lawsuit to help discover the whereabouts and recover missing properties.
Address undue influence
One of the most well-known reasons for disputing a trust or contesting a will is undue influence. It usually happens if one or more beneficiaries or heirs take advantage of the decedent, influencing them to change the will in their favor. If you suspect that a will or trust has been changed due to undue influence, you can contest it in court to get it set aside.
Issues of incapacity
Undue influence and incapacity go hand in hand. If the decedent lacked the mental ability to make a sound judgment about the distribution of their assets, a probate litigation attorney could argue in court to get the will or trust tossed.
Tortious interference with a testamentary expectancy
If you do not receive part or all of the gift bequeathed to you by a decedent in their will, you can file a tort claim against the person interfering with your inheritance. Courts allow tort claims relating to inheritance if there is no other probate remedy you can get.
The mechanisms of probate litigation
In a probate litigation case, the plaintiff brings the case to the court, seeking redress and guidance regarding a disputed trust or will; a court trial may proceed following discovery. Probate litigation cases take years, and in the duration of the case, the plaintiff can seek to have the trustee or executor removed and the trust placed in the hands of a temporary fiduciary until a ruling is made.
Generally, there is no specified period after someone’s passing for the will or trust to be filed for probate. Also, because the executor and trustee are personally liable to heirs or beneficiaries, they are expected to defend themselves in person.
Probate cases take years and cost a substantial amount of dollars. Indeed, most people set up trusts to avoid the hassles of probate. But even so, beneficiaries or heirs of a trustor can still take legal action against a trustee to get them removed or the trust set aside for various reasons.
Because hearings and trials in probate litigation cases take place in county probate courts where the loved one died, it’s a brilliant idea to retain the services of a probate litigation lawyer familiar with your local county probate court.
Do you need the help of a probate litigation attorney in California?
Indeed, Hess-Verdon & Associates law firm is familiar with estate planning, wills, and trusts and is experienced in trial law. We will help you in trust and probate litigation cases, determining if there has been a breach of fiduciary duty and ensuring you get the best result. Contact us today at 888-318-4430 for help with your probate litigation matters.