Inheritance Dispute Lawyers

What is probate?

Probate is the process of settling an estate and distributing assets under the supervision of a state court of the same name.

Contrary to popular belief, state laws say the Last Will and Testament is not a complete estate plan. It’s merely a letter from the estate owner to the probate judge outlining one’s desires to share assets and care for dependents after demise. It does not even involve any tax planning. A Will is only legally binding once the court determines its validity. That’s one of the things that happens during probate.

Probate proceedings are necessary because Last Will and Testament documents can be forged, and it’s up to the court to determine the validity of such documents based on available evidence. Sometimes, there are no wills, and it’s up to the court to designate asset administration as per intestacy laws.

In any case, once the court receives a petition for probate, the judge sets a date for the probate hearing and gives the executor/administrator time to notify interested parties. During the probate hearing, the court will set a deadline for those wishing to contest the Will to formalize their petitions.

However, only people considered to be interested parties can bring petitions. These individuals stand to gain or lose from the execution of the Will, including beneficiaries, heirs, and creditors. The court will listen to any disputes about the Will and determine whether to throw it out or enforce it. If the court determines the Will to be legally enforceable, the executor can begin to prepare the estate for distribution.

However, many different types of disputes can arise from the moment the executor conducts notification to the time they are ready to distribute assets. You’d be wise to seek the counsel of legal experts when it comes to matters involving inheritance disputes. Experienced estate lawyers can guide you through nuanced rules that apply to your case and protect your rights by exploring concepts to resolve the conflict swiftly and smoothly.

What types of inheritance disputes do estate lawyers in California handle?

Estate lawyers in the state handle a wide range of inheritance disputes depending on their areas of practice and experience. These include;

Disputes related to the Will.

As mentioned, during a probate hearing, the court sets a deadline for parties to file their petition should they wish to challenge the Will in probate. Usually, the deadline is a three-month period. There are many reasons parties may want to contest a will. These include:

• Issues regarding the validity of the Will due to grounds such as fraud, undue influence, lack of testamentary capacity, mistakes, lack of valid execution, and lack of knowledge/approval
• Existence of multiple Wills
• Ambiguous language
• Issues regarding exclusion from the Will as an heir without explanation

Intestacy issues

Intestacy laws come into play where a will is missing or the one existing has been declared invalid. These state laws specify the priority of asset distribution, starting with the deceased spouse, children, parents, siblings, and distant relatives. However, some people may try to keep others from receiving their rightful share of the estate.

In other cases, dependants and creditors may raise claims if they are not adequately provided for in the intestacy laws. A shrewd administrator will prioritize creditors to avoid going back to heirs to ask for funds to pay debts.

Executor misconduct

Estate executors and administrators owe heirs, beneficiaries, and creditors fiduciary duty. A fiduciary duty is a legal obligation for a person in a position of trust and confidence to act in the best interest of beneficiaries. Executors must act with good faith and undivided loyalty, consistently placing beneficiaries’ best interests first, even superseding their self-interests.

If the executor or administrator fails to act in the best interest of the parties above, they can face accusations such as:

• Self-dealing
• Commingling
• Failure to disclose conflict of interest
• Withholding inheritance
• Misappropriation of estate assets
• Reckless investments
• Negligence.

Challenges to the title(s) of an estate property

Another common inheritance dispute involves challenges to property titles. Estate plans may involve complex structures of asset ownership that lead to disputes when a person dies. In such cases, the executor can work with a probate litigation lawyer to file quiet title actions.

Quiet title actions ask the court for help determining the title of a property or the rightful owner. Such legal actions are expected following the passing of estate owners. But once the court rules that the property belonged to the deceased, heirs and beneficiaries won’t face further title challenges.

Beneficiary Disagreements

Once the court determines that the Will is legally valid and enforceable, the executor begins preparing the estate for distribution. This entails tracking assets, conducting asset valuations, paying taxes and debts, collecting benefits, and preparing a final estate accounting for the beneficiaries and the court.

Depending on the estate setup, complex family-limited partnerships may also require careful administration. Disagreements can arise when beneficiaries receive the financial records and the actual distributions. These disagreements may include:

• Issues about the interpretation of the Will,
• Problems with the valuation of assets,
• Issues about the timing of distributions

Tax troubles

California does not impose its estate tax. However, the federal estate tax applies to estates over $12.92 million in 2023. Apart from inheritance transfer taxes, the tax people may come for any payments the deceased owes in back taxes. These generally include interest and penalties. Failure to comply with the IRS can lead to litigation, putting the estate in probate limbo as the taxman tries to get their due.

Other types of inheritance disputes that estate lawyers handle include:

• Hidden Assets. Disputes can arise if some assets are discovered to have been concealed and omitted from the Will.
• Pre-Death Transfers. In some cases, testators transfer assets to some individuals themselves. However, these transfers can be scrutinized, creating disputes if some beneficiaries or heirs suspect questionable intent.
• Family Dynamics. Blended families, long-standing resentments, or complex relationships can fuel inheritance disputes even without legal grounds.

What services do inheritance dispute lawyers provide?

Once you retain the services of an inheritance dispute lawyer, they will guide you through legal obstacles, protect your rights, and explore avenues to resolve the dispute fairly and as quickly as possible. These options include:

Mediation

Mediation brings parties together to discuss their issues and reach agreements without the court’s intervention. It’s always best to resolve inheritance disputes outside the court if possible. You will not be required to pay court fees or spend time in line waiting for the case backlog to clear. When parties work towards resolutions, they are more likely to maintain relationships than if they are forced to adopt specific resolutions by a judge.

Litigation

If mediation talks go burst, consider asking the court to intervene. An attorney can help you prepare and file your petition in time in case of statutes of limitations. They will also help with evidence gathering, witness preparation, and litigation or appealing a court decision.

Depending on your petition, the judge may throw out the Will or enforce it, determine the title of ownership, compel a settlement, replace the executor, and order siblings to share the estate. However, this intervention has its share of issues, including substantial legal fees and court expenses. Moreover, the judge may not be able to fit you into their schedule, which means more delays.

An intervention by a court may also sour relationships between heirs, leading to big-time grudges by individuals who feel aggrieved by the judge’s determination. Inheritance dispute attorneys will advise you to give mediation a chance and only use litigation as a last resort.

Other services these attorneys provide include:

• Clarifying the terms of the Will or how intestacy laws apply to the case, helping individuals understand their inheritance rights and executors to perform their duties in a smooth and efficient manner
• Drafting agreements during negotiation and mediation to ensure they address the concerns of all involved parties
• Emotional support during tedious and lengthy negotiations or litigations. Lawyers understand the stress surrounding inheritance disputes and will guide their clients throughout the process to help them cope with the stress and make informed decisions.
• Provide advice on tax bases to cover and preempt any litigation by the IRS regarding inheritance transfer taxes and debts left behind by the deceased.
• Referrals to financial advisors, therapists, and other professionals qualified to address other unique aspects of your case

To summarize, inheritance dispute attorneys provide many different kinds of services for solving inheritance dispute cases. It’s best practice to involve these professionals in the probate processes, from reading the Will to probate hearings, asset inventorying, estate accounting, and settlement. Our attorneys are prepared to help. Schedule a free consultation today to discuss the aspects of your case and find out about services.