California Inheritance Lawyers

What is Inheritance Litigation

This legal system is the procedure whereby probate courts settle disputes associated with inheritances. This discipline of probate law comprises many subjects, including disagreements among family members about who should get what in the estate left behind or the validity of the trust document or will. An inheritance attorney can help guide you.

That said in the case of probate matters, in the event of an inheritance tax dispute, here are a few key things you should keep in mind:

Proof of Inheritance theft, fraud

Typically, the burden of proof lies with the individual who has launched the inheritance dispute case. Nonetheless, this burden of proof can be laid on the opposition as the litigation continues, especially if the case facts trigger suspicion of undue influence.

Unfortunately, inheritance disputes are time-consuming and costly, but if you win the case, the payoff will be worth it. So, to challenge an inheritance, you should talk to a few California inheritance lawyers to learn more about costs and the pros and cons of the estate litigation process. Note: the probate law process is quite nuanced in that there are various caveats typically written with the trust itself to help determine the best course of action and thus keep your legal standing.

Now, you you do believe there was undue influence, i.e., some type of coercion or perhaps depletion of a grantors trust assets, California inheritance lawyers, like Hess-Verdon will help you with the legal specialization needed to understand if there was in fact undue influence.

Example of Inheritance fraud in Los Angeles case

The upcoming example can happen anytime, but a situation happened where a family who lived in Los Angeles had various properties and many bank accounts that ended up getting depleted by unscrupulous behavior pulled by beneficiaries. Fraud can happen in various forms like hiding assets, selling assets hoping no one finds out, and other questionable behavior. If you are trustee, take heed and immediately protect the estate assets. Well, the trustee ended up finding an inheritance attorney, i.e., Hess-Verdon & Associates and managed to not only get the estate back, but treble damages due to damaged artwork and other estate items.

How can I keep out of litigation?

Numerous disputes surrounding inheritances can be settled without having to go to court. For instance, you can opt for mediation, whereby you negotiate with the interested parties in the presence of a professional mediator to get to a place where you can all agree. If you can settle through mediation can save you plenty of time and funds.

How Will an Inheritance Attorney Help You?

After unfortunately losing a loved one, no one wants to spend time thinking about the complexity of the verification process or the unlikely event of the deceased’s wishes as stipulated in their trust being thrown away due to inheritance disputes.

However, you can unburden yourself and your loved ones by hiring a professional inheritance dispute attorney to deal with the details of the trust or will and any estate taxes or associated disputes. This will allow you to focus on mourning while your inheritance attorney does all the heavy lifting.

Inheritance attorneys are essential in handling an extensive collection of legal matters. For instance, California Law doesn’t mandate the passing of a deceased asset through formal probates. Similarly, any property within a trust is not subjected to the probate process, nor do the California law provisions mandate formal probates in matters of small estates.

Ideally, through trust administration this allows a deceased’s assets to pass smoothly to their beneficiaries without court supervision. However, in such instances, inheritance attorneys are essential to assist clients guarantee the proper and fair distribution of assets and benefits to the primary beneficiaries of a trust.

The California law provisions allow interested parties to petition the courts to get orders that may assist them in avoiding formal probates, even where they may have been necessary through several means, including:

• Small Estate Affidavit: this is special documentation that allows interested parties to petition for an order to transfer the estate value (worth $184,500 or less) to heirs/beneficiaries without requiring formal probates
• Spousal Property Petition: this is a unique petition that allows the surviving spouse of a descendent to petition for special orders to convey and confirm their interests in an estate without going through formal probates
• Real Property succession determining petition: this allows interested parties to petition for special orders to transfer the deceased property where the value ranges between $184,500 or less without needing to file for formal probate.

Inheritance conflicts can arise from multiple circumstances, even when estates do not go through formal probates. A good instance of this is where surviving spouses might file Spousal Property petitions to bypass probate. Still, the deceased spouse’s family members might contest the surviving spouse’s right to specific estate assets based on the argument that those particular assets have been separate property of the deceased spouse.

Similarly, inheritance conflicts can arise during the deceased person’s trust or estate administration even if a trust is not subjected to formal probate court proceedings. Whatever the reason for an inheritance dispute, having a qualified inheritance lawyer can smoothen the process and help you navigate the process quickly.

Popular Forms of Inheritance Conflicts

Inheritance conflicts regarding the division of property after someone’s demise are common among beneficiaries and family members. These conflicts usually involve financial estate tax, family community property-related, and personal concerns, which could further strain their relationships. Though every situation is different, there are a few common disputes that happen frequently:

Issues Touching on the Trust’s or Will’s Validity

Beneficiaries can contest the validity of an estate document, arguing that trust document or the mental state of the deceased person was not stable, or they were unduly influenced, or that the documentation is fake. These conflicts need proper and extensive assessment of proof and may even call for an expert’s testimony.

Uneven Division of Assets

If beneficiaries feel that the assets were divided unfairly or against the deceased person’s wishes, disputes can occur. Unfair treatment can result in claims of manipulation and bias, precisely when huge assets are involved.

Trustee or Executor Appointment

Family members may not agree on the competency or appropriateness of the trustee or executor appointed by the deceased individual. This could result in disputes over the division of the property and assets. Moreover, concerns about the executor’s performance or character could worsen the conflict.

Blended Families

Another common source of inheritance disputes is blended families. When the deceased individual has kids from a previous relationship or marriage, conflicts may arise between the biological and step-children over entitlements and inheritance rights. Moreover, these could be disputes between the spouse left behind and the adult child or kids from a previous relationship.

What is the inheritance law in California?

When an individual passes away without a will in California, their estate is distributed according to the state’s intestate succession laws. The distribution process typically sees the surviving spouse receiving half of the decedent’s separate property, with the other half allocated among the decedent’s children, parents, siblings, and other kin in a specified order. This framework ensures a systematic division of assets in the absence of a will, aiming to reflect the likely intentions of the deceased.

How do I prove inheritance theft in California?

Proving inheritance theft requires a nuanced approach, often necessitating the expertise of a legal professional well-versed in estate laws. Gathering comprehensive evidence, which may include documentation of unauthorized asset transfers or alterations to legal documents, is key to building a strong case. Engaging with a specialized attorney in trust and estate litigation can significantly enhance the effectiveness of this process, guiding you in assembling the necessary proof to support your claim.

What to do if a sibling steals your inheritance?

Legal recourse is available if you suspect a sibling has unjustly appropriated your inheritance. Initiating a civil lawsuit is the primary method to seek redress and recover the contested assets. In situations where the actions constitute criminal behavior, such as fraud or embezzlement, it may also be appropriate to file a report with law enforcement authorities to pursue criminal charges alongside civil litigation.

Do I need a lawyer to contest a will in California?

Challenging the validity of a will in California is a complex legal endeavor, given the presumption of a will’s legitimacy. Those contemplating such a challenge must be prepared to meet a stringent standard of proof to substantiate their claims. Securing the services of an attorney specializing in probate litigation is crucial, as they can provide the legal guidance, strategy, and representation to navigate the intricate process of contesting a will effectively. Note: The estate planning attorney who drafted the trust documents may be called as a witness.

Related Questions

What is needed to prove that an individual Has the proper mental capacity to create a will?

The mental capability to create a will, also called testamentary capacity, requires that the creator of the will (testator) understand their property and assets, how they’ll divide it, and to whom it will be disbursed, along with the implications of the division, overall. Therefore, lack of mental capacity to create a will is among the most popular reasons why trusts and wills are challenged.

What Does Lack of Capacity Mean?

Not having the mental capacity could result from several factors, which can be showcased in various ways depending on the individual. They could include the following:

• Not comprehending who will get what property.
• Not distinguishing the individuals who will inherit the property.
• Not understanding what they owned when creating the will.
• Underlying conditions like Alzheimer’s or dementia would affect their understanding or reasoning.
• Any use of drugs (illicit or prescription) that would lessen their capacity to understand or reason.
• Impairments that would add to a decrement in their understanding or reasoning ability.
• Intense emotional distress.

In Conclusion

Inheritance disputes can stir up emotional turmoil, especially if you are close to the deceased person. In this case, a California inheritance lawyer will come in handy to understand the probate process. They will help you better understand what is legally required of you under such circumstances and whether you have enough evidence to win if you are the one filing the inheritance litigation suit.

That said, feel free to contact us, and we will help you through your inheritance litigation.