Oceanside Estate Litigation Lawyer
Albertson & Davidson, LLP provides help when conflicts arise during the probate process. Most estates pass through probate, but since this is a formal court process, a lot of problems can arise during probate. When those problems come up, you need an experienced attorney to fight for you.
An Oceanside probate litigation lawyer can help you navigate the complex rules related to probate proceedings to maximize the chances of your preferred outcome.
We’ll work to understand the documents in place, gather evidence to bolster your case, put together solid legal arguments, and take action on your behalf to help protect your inheritance and your loved one’s legacy.
To find out more about how we can help you, give us a call or contact us online today.
Common Reasons for Estate Litigation
Estate litigation happens whenever there is a conflict during the probate or trust administration process. Some common examples of problems that can occur include:
- Will contests: Will contests occur if there is a challenge to a will, such as questions about undue influence, lack of capacity, or failure to follow the legal rules for making a will.
- Breach of fiduciary duty: This type of conflict arises when there are questions about whether the executor of the estate or the trust administrator is fulfilling their obligations. If an executor or trustee mismanages estate assets, fails to follow the required steps involved in settling the estate, or enriches themselves at the expense of the estate, this can lead to claims of a breach.
- Trust disputes: Conflicts also arise when there are questions about how a trust should be administered. Common examples include mismanaging trust assets, questions about a trust’s terms, or challenges to the validity of a trust.
- Inheritance disputes: If beneficiaries disagree on how assets are to be divided, this can lead to an inheritance dispute. Often, these disputes arise due to questions about how estate documents should be interpreted.
These are some of the many examples of situations where litigation could become necessary as an estate is being settled. Unfortunately, estate litigation can be expensive, and can reduce the value of an inheritance. It can even sometimes result in you losing your inheritance entirely.
You need a San Diego trust litigation attorney experienced in handling these types of conflicts who can help you understand the strength of your claim, decide on a legal strategy, and take the necessary steps to resolve your claim as quickly and cost-effectively as possible in a way that maximizes the chances of an outcome in your favor.
Will Contests in California
Will contests are one of the most common types of estate litigation. Will contests occur when there are questions about whether a will that is being presented to the court should be considered legally valid and enforceable.
There are many potential grounds to contest a will, including:
- Lack of testamentary capacity: If the person who created the will was not of sound mind or failed to understand the decisions that they were making, this could be grounds to declare the will invalid.
- Fraud: In some cases, a will and the signatures on it are forged. In other situations, someone is convinced to create a will based on false pretenses or fraudulent misinformation.
- Undue influence: If someone is coerced into making a will that is not a reflection of their true intentions, the will can be challenged on grounds of undue influence.
- Duress: When a will is created under conditions of threat or force, the will should not be considered a valid one.
- Mistake: Sometimes, simple mistakes mean that the document does not reflect the true wishes of the deceased.
- Failure to follow legal formalities: There are certain requirements that must be fulfilled when a will is created. If the requirements were not met, this creates grounds to question whether the will is legally enforceable.
- Revocation: There may be circumstances where a person who made a will revokes it or creates a newer document that explicitly says the past will being presented for probate should not be considered valid.
If a will is not a true reflection of the deceased person’s intent, then challenging the will is critical to protect the legacy of the deceased. At the same time, some wills contain no-contest clauses, which means you could put an inheritance on the line if you question the will.
Determining how strong your case is, and what the outcome would be if the will is successfully challenged is very important before you move forward. Albertson & Davidson, LLP can help you to both raise a challenge to a will or, in appropriate circumstances, to defend a will that has been challenged to try to protect your right to assets left to you in the document.
How Does an Estate Litigation Lawyer Help You?
Albertson & Davidson, LLP is here to help if you are involved in any type of estate litigation, including a will contest. Our legal team can:
- Assist you in understanding the law that applies to your case.
- Help you to identify the right legal arguments to make to strengthen your claim
- Gather evidence such as medical records, witness statements, and testimony from experts regarding the issues raised
- Negotiate a settlement or go to court on your behalf to help you fight for your preferred outcome
- Keep you informed throughout your case about the progress of probate litigation and the necessary steps to move your case forward
Our focus is on helping you to resolve your case in an affordable way that preserves the value of the estate and that protects your inheritance and the legacy of your loved one.
We have the experience necessary to achieve these goals, as we’ve recovered over $300 million for past clients — and we have the compassion that you deserve as you cope with legal issues on top of the death of your loved one.
Contact an Oceanside Estate Litigation Lawyer
Don’t try to handle conflicts regarding an inheritance on your own. There is too much at stake. Call Albertson & Davidson, LLP today to get an Oceanside estate litigation lawyer on your side today.