Contested Trust & Probate Litigation

Handling a wide variety of estate litigation cases

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Trust, Wills and the probate process in are supposed to provide an orderly means to hand assets down to the next generation in a way that accurately reflects what parents want to have happen with their Los Angeles estate.  But what do you do when a Trust, Will or the probate process does not work as intended; or when a Trust or Will is created by a parent who lacks capacity to know what they want; or a parent is coerced into creating a document through excessive persuasion that overcomes his or her free will to decide?

That’s when you need help from the Courts to apply the correct laws and seek the justice and fairness you deserve as a beneficiary or rightful heir.  Unfortunately, when you are the victim of a bad actor who highjacks your parents’ intent the burden is on you to take action and stand up for your rights.  That’s where Albertson & Davidson, LLP can help you seek the right result.  Client’s hire us because we are experts in contested Trusts, Wills and probate litigation, handling all aspects of your case from inception through trial.  But more than that, we apply energy, enthusiasm, and our track record of success to work for you.  Our desire is to fight hard for your rights, reach the best resolution in your case, and be as creative as possible in handling your case.  Simply put, we care about our clients and we want the best for them.

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Litigation cases are often complicated

Trust, estate and probate litigation is a specialized area of the law. Most Trust and Will litigation cases require multiple petitions and complaints (e.g. lawsuits) on different, but related, subjects such as financial elder abuse, capacity issues, undue influence claims, creditor’s claims, and probate procedures.  A single case can have all of these aspects, and more. To successfully navigate this type of case, an attorney must first have a thorough and in-depth knowledge of all California laws1 applicable to the creation and administration of trusts, wills, estates, and probate. Additionally, an attorney must understand the complex litigation rules and procedures2 in Los Angeles, California, which apply to all phases of a case including motion practice, discovery, and trial.

We are trial lawyers, not estate planners.  What’s the difference?  We know how to take a case from inception in court through trial (either a jury trial or a judge trial).  While we have the ‘know how’ to prepare estate plans (and we have some attorneys who provide that service), our primary focus is in fighting for your inheritance.  We understand both the laws that govern trusts, wills, estates, and probate, as well as the litigation procedures set forth by California courts to seek the right result in Court on your behalf.

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Common types of estate litigation

The primary issues that arise in trust and estate litigation include:

Actions to Invalidate Trust and Will Documents:

  • Trust Contests
  • Will Contests
  • Financial Elder Abuse
  • Undue Influence
  • Lack of Capacity
  • Fraud
  • Trust Amendment Contest
  • Codicil Contest

Actions Against Trustees and Executors:

  • Compelling Trustees or Executors to Account
  • Proceeding to Surcharge Trustees or Executors
  • Removal of Trustees or Executors
  • Obtaining Trust or Will information
  • Prohibited Transferee Care Custodians

Modification or Termination of Trust Documents:

  • Modification of Trust by Consent of the Beneficiaries
  • Modification or Termination for Changed Circumstances
  • Disposition of Trust Property on Termination

Actions by California Trustees and Executors

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An experienced estate litigation attorney can help you

If you have any type of case involving trusts, wills, or probate litigation in Los Angeles, California, your first call should be to the experienced attorneys at Albertson & Davidson, LLP. We can advise you on your options and zealously represent you in court, so please call one of our offices today.

Sources:

1http://www.leginfo.ca.gov/.html/prob_table_of_contents.html
2
http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

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