Probate Litigation Attorney Serving Los Angeles County

Probate Litigation Attorney Los Angeles

In California, probate is an essential process of administering the assets of a deceased under the supervision of the state’s courts. Discover how Los Angeles probate litigation attorneys may be of service throughout the process.

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by Hess Verdon | Feb 19, 2021

How is probate performed in California?

Following the death of an estate owner, the individual(s) they appointed as executors must file a copy of the Will and other relevant documents with the probate court within 30 days before petitioning for probate. Without a will or if the deceased did not name an executor, the estate attorney or one of the family members or friends can skip the process and request to be appointed administrator.

In any case, the court will set a date for the probate hearing and give time for the executor or individual requesting the role of administrator to notify interested parties about the date via mail and public notice. Upon receiving notification of the probate hearing, interested parties will be allowed a specific period to make their claims formal.

Once the judge hears from interested parties and verifies the deceased’s last Will, they may decide to admit the document in probate. This is a green light for the executor/administrator to inventory the estate, settle debts, collect benefits, draw up a distribution plan, and share it with the heir/beneficiaries and the court, then start distributing the estate (if parties agree with the estate accounting).

However, in case any of the interested parties have issues with the Will or the way the estate is handled, you have the time starting from when you are notified about the probate hearing to when you are asked to sign the release (acknowledging receipt of inheritance) to file a court case. Interest parties are people with legal standings.

They are individuals who stand to lose or gain from the execution of the Will or administration of the estate. These individuals may have disputes with the whole probate process, including doubts regarding the validity of the Will, intestacy rights, breach of fiduciary, and more. It’s wise to retain the services of a qualified attorney in such complex and emotionally charged situations. A Los Angeles probate litigation attorney will provide support and guidance to ensure speedy and smooth resolution of issues.

What is a probate litigation attorney?

A probate litigation attorney is a legal expert in legal disputes that arise during the probate process. They specialize in helping individuals with legal standing resolve disputes regarding how an estate or Will is handled. But probate litigation attorneys must not be confused with probate attorneys.

Probate attorneys handle estate administration tasks such as presenting the Will to probate, preparing and submitting relevant probate documents, inventorying estate assets, settling estate debts, and interpreting the Will or explaining the state intestacy laws. On the other hand, probate litigation deals explicitly with disputes that arise during the probate process.

In some cases, probate and litigation attorneys may share information and work together to ensure disputes don’t persist and keep the estate in probate limbo. It’s always best to resolve matters speedily and straightforwardly, keeping legal expenses at a minimum and saving time.

What types of disputes do probate litigation attorneys handle?

Some of the common types of issues that probate litigation attorneys in Los Angeles handle during the probate process include:

Will contests

When an estate owner dies and leaves a will, the executor/administrator must notify interested parties about the existence of the Will. Upon the notification, the individuals will have up to 120 days to formalize their claims regarding the document. One of these claims may involve disputes about the document itself. However, if the Will is already in probate, you’ll have to wait until the end of the hearing to contest the document.

In that case, you’ll be allowed up to 3 months from the end of the hearing to formalize your claim. There are many reasons why you may want to contest a will. These include:

Issues regarding the validity of the Will due to grounds such as undue influence, forgery, lack of capacity, and tortious interference. For example, if you have reasons to suspect fraud, including signature mismatches and other mistakes, get the help of a probate litigation attorney to challenge the document’s validity in court.
Issues regarding the interpretation of ambiguous wordings that affect your rights to inheritance
Issues regarding exclusion from the Will as an heir or unequal distribution of assets.

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. If the deceased did not have any children, biological or adopted, the spouse gets all communal properties and shares half of the separate properties with the deceased’s parents or siblings.

In case the deceased parents and siblings die earlier, the spouse gets everything. However, the spouse may try to keep the deceased’s parents or siblings from their rightful share. The opposite may also happen when the deceased’s parents and siblings collude to disinherit the spouse. A probate litigation attorney can help you fight for your rightful share of the deceased’s estate.

Challenges to the title(s) of an estate property

Once the Will is admitted to probate, the executor begins inventorying the estate. This involves paying debts and taxes, collecting benefits, tracking down assets, and establishing ownership. A common dispute that may arise during this process involves challenges to property titles and the authenticity of estate property.

In such cases, the executor can work with a probate litigation lawyer to file a quiet title action. This is a legal process conducted in court to determine the title of a property or establish the rightful owner. Quiet title actions are particularly common following the passing of estate owners. Once the court rules that the property indeed belonged to the deceased, heirs and beneficiaries are less likely to face further challenges regarding the title.

Breach of fiduciary duty

Estate executors and administrators owe heirs, beneficiaries, and creditors a fiduciary duty. This duty is a legal obligation for individuals in positions of trust and confidence, such as executors/administrators, to act in the best interest of heirs, beneficiaries, and creditors. They must act with good faith and undivided loyalty, consistently prioritizing the beneficiaries’ best interests above their own.

If an executor or administrator fails to act in the best interest of the parties involved, they may be considered to have breached their fiduciary duty. A breach of fiduciary duty occurs when an executor or administrator fails to fulfill their legal obligations, either as mandated by law or as dictated by the will. An experienced probate litigation attorney can assist parties with legal standing to pursue legal action against the individual for breach of fiduciary duties.

Examples of breaches of fiduciary duty in estate or trust administration include:

Self-dealing
Neglecting to disclose a conflict of interest to profit from lopsided deals
Misappropriation of estate assets
Paying oneself more than the pre-established amount
Commingling personal and estate properties and stealing in the confusion
Withholding benefits from heirs or beneficiaries
Investing estate properties recklessly, leading to a loss of assets
Neglecting to provide physical care for properties, leading to losses through depreciation and theft by heirs, beneficiaries, or third parties
Failing to monitor funds and other assets in accounts, leading to losses through financial fraud

Unfair distribution of assets

Estate executors have extensive powers to inventory, manage, and distribute the estates under their care. However, they are not permitted to allocate beneficiaries less or more than what is stipulated in the Will. There are legal checks and balances in place to prevent executors from abusing their powers by favoring certain beneficiaries or heirs with more assets to gain favors or denying others their rightful share in retaliation for perceived wrongs.
If you have concerns about how an executor is distributing assets, it is important not to sign the release form; instead, seek the assistance of a probate attorney to advocate for your rightful share.

Other common disputes that often require the assistance of probate attorneys include:

Challenges to the appointment of an executor or administrator.
Disputes regarding beneficiary designations in life insurance policies or retirement accounts.
Disputes concerning creditors’ claims against estate assets.
Tax liabilities related to the estate.

Probate litigation attorneys can also offer services such as:

Mediation: Probate litigation attorneys can mediate or arbitrate specific conflicts outside of court to help parties reach swift resolutions and avoid expenses associated with court proceedings.
Litigation: They can litigate clients’ cases in probate court or on appeals.
Legal advice: Probate litigation attorneys can advise and counsel clients about their legal rights and potential alternatives at each stage of the process.

However, it’s important to note that the specific types of disputes probate litigation attorneys handle depend on the unique circumstances of each case. If you’re involved in a probate dispute, it’s crucial to consult with an experienced attorney in your area, listen to their advice, and allow them to properly represent your interests. Our attorneys are always available to assist; schedule a free consultation today to discuss your case.

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