Probate Litigation Attorneys

Choosing the Right Probate Litigation Attorney

Many matters come before probate courts, like approving wills and assigning executors. A probate litigation attorney, in this case, helps the family with paperwork. They also help the executor of the will to carry out duties in compliance with the state’s inheritance laws.

However, legal problems arise in the event of a family feud over the will’s contents. There is also room for litigation if many or all of the family members are not confident in the choice of the executor.

You may also need the help of a probate litigation attorney if there’s no accountability during the estate administration and distribution or if creditors demand more than the deceased owed.

Other causes for court battles include contests over the appointments of guardians, power of attorney, and conservators. If the matter involves trusts, then that is trust litigation.

Probate Litigation Definition

Probate litigation refers to lawsuits filed by heirs or beneficiaries. The case may be filed against the appointed executor, estate administrator, or third parties like creditors. Keep in mind that the probate estate refers to the entirety of the deceased’s possessions. Even things that are just of sentimental, non-monetary value. Once the will or courts decide on an executor, they have the right to oversee the distribution of this estate.

Probate litigation helps to protect the rights of an heir or beneficiary to their inheritance. It may also help to reclaim part of the estate from a grabber or aggressive creditor. It may also help to remove an executor who is not acting in the interest of the heirs or is contradicting the terms of the will.

Risks and Circumstances That Lead to Probate Litigation

High-risk factors that drive probate litigation range from sibling rivalry to second marriages and family disputes. If the deceased had multiple spouses without a prenuptial agreement, the other spouses are more likely to contest the will.

Prenups are popular for protection in divorce matters. The truth is prenuptial agreements are also highly beneficial to streamline inheritance matters after death. This is because even individually owned assets can be converted into community property during the marriage. And where many spouses (present or past) are involved, this can trigger intense legal battles after the death of the benefactor.

Creditor Litigation

We have said a lot about how family members can use probate litigation to get what they deserve as an inheritance. Now, let’s shed light on the fact that creditors can also use probate litigation to get what they were owed by the deceased. It is often advisable for the executor to work with a probate litigation attorney to protect the estate against these claims.

Omission From The Will

Before they departed, the estate owner could have constructed an overly complex will. They could have purposefully left out a child or a spouse from the will or laid complex terms for the estate distribution to the children and grandchildren.

These factors are likely to lead to contestation and litigation in the courts. This is also the case if the deceased included a mistress in the will. A probate litigation attorney can help the executor make the right decision according to the state’s laws to benefit all involved.

Executor Fees

Executors are entitled to compensation. But if the will does not strictly set out a fee structure, executors can claim whatever they deem “reasonable” payment for their services. If the heir or beneficiary believes the executor’s compensation amount is unreasonable, they can bring up a probate litigation lawsuit.

Breach of Fiduciary

Consider a case where the appointed executor, administrator, or trustee starts stealing from the estate. In that case, the beneficiaries should act quickly and bring up a lawsuit to remove these people.

Transparency is crucial on the part of all who are appointed to oversee the estate and distribute assets. If they are disorganized, careless, or blatantly go against the terms of the will and the probate laws of the land, there would be a high likelihood of probate litigation.

Why Start Probate Litigation Early

Even if the challenge to an estate is solid and valid, many states have strict statutes of limitations. Simply put, this means you have a deadline to file the lawsuit. In California, you have 120 days to contest a will following the benefactor’s death. For other matters, such as a breach of the fiduciary statute of limitation, it is three years from the date of the infraction.

California probate courts will only proceed with claims within the legal deadline. You must, therefore, seek legal counsel as fast as possible if you have issues with the will, the executors, the creditor, or other beneficiaries.

Since emotions are typically high in a probate court and interactions can get tense, these litigations can tear families apart. While not all contests can be prevented, a majority can be settled outside court to avoid probate litigation. A probate litigation attorney who is experienced in mediation can help to reach an agreement that works for everyone involved.

Probate Litigation vs Trust Litigation

Probate litigation attorneys are concerned with the will. Trust litigation attorneys are involved with the trust. Even though wills and trusts are both estate planning documents, they are inherently different. Different laws apply to each.

In California, probate and trust litigations both happen in probate court. But remember that probate litigation only involves the assets, beneficiaries, and third parties associated with a will. Trust litigation involves assets and people related to a trust.

Even if the deceased held both a probate estate and a trust estate, probate litigation doesn’t affect the terms or details of the trust. The same is true. A trust litigation cannot affect what pertains to the will.

Common Types of Will Contests In Probate Litigation

Any heir or beneficiary or someone left out of the will has a right to protest the will and have the court prove or disprove its validity. Some of the known reasons for contesting will include:

Forgery

There have been cases of forgery in wills. When a will is signed by a person who didn’t know they were signing their will, it may be considered fraud. Forgery is considered if there is reason to believe someone else signed the will in pretense as the deceased.

Duress

Litigation may help ensure truth and transparency if the deceased signed the will under duress. Duress mostly happens if someone, most likely the spouse or caregiver, forces or influences the benefactor to sign the will in ways that favor their interests.

Incapacity

If the author of the will was incapacitated at the time of signing the will, any aggrieved parties can have the courts throw it out. Validity of wills as estate planning documents demand that the author be of sound mind.

In other words, they must be sober and of sufficient mental acuity to understand what they are writing or signing if a condition or age impairs memory or reasoning, which raises ground for any party to challenge the will.

Errors

The signing or drafting of a will or trust should adhere to the strict guidelines and laws set by the state. If, upon inspection, the legal document contravened these guidelines, any interested party can file a lawsuit to have it thrown out. In that case, the probate will decide the distribution of the estate based on intestate laws.

What a Probate Litigation Attorney Does to Help

As seen above, some of the probate litigation issues are entirely unavoidable. In such matters where emotions and disputes can escalate uncontrollably, it is essential to find probate litigation to help you navigate these matters with a calm head. Here is what a probate litigation attorney can do for you.

What Probate Litigation Attorney Can Do For You

1. Identify legal issues with a Will

Let’s face the fact. The numerous laws that pertain to estate planning and probate litigation can be complex to understand. Without legal help, it is easy to overlook problems, and this can lead to more problems down the line. A probation litigation attorney can help you find or prevent issues with the will.

2. Disproving a will

When disproving a will, there is bound to be a long, protracted litigation process. Working with a probate litigation attorney can help ensure that your rights as a beneficiary or heir are protected and that the courts come to a favorable judgment.

3. Defend against a Will contest.

In will contests, you may find yourself on the defense side. This is likely the case if you are the executor or estate administrator. A probate litigation attorney can help you defend the will against creditors and or frivolous claims from people displeased with its terms.

4. Address misconduct

Administrators or executors can start wasting resources. They may go against their will and make inappropriate decisions that disadvantage the beneficiaries. A probate litigation attorney can help you get the administrator or executor removed.

5. Navigate other legal matters

Probate and will execution involves a vast amount of paperwork and dealing with judges or clerks. If you are in charge of distributing the estate, a probate litigation attorney can help you do all you are supposed to do in strict compliance with the law.

They will help with petitions, dispute resolution, filing lawsuits, and defending the will against contests by interested parties. Call to speak to an experienced probate litigation attorney. We have helped many clients with probate litigation. We will win your case, benefiting you with aggressive strategies that save you time and money. We will negotiate and mediate for you. And if it comes to it, we will take your case to court and support you to a positive outcome.

Contact us for a consultation!