Anaheim Estate Litigation Lawyer

Estate litigation may become necessary to solve a conflict after someone has passed away. The stakes are often very high, as there may be a substantial amount of money and property being contested in estate litigation. Your loved one’s legacy is also on the line.

You need an experienced Anaheim probate attorney to guide you through the estate litigation process to help resolve your case as quickly and cost-effectively as possible, and to protect your rights.

Albertson & Davidson, LLP is here and ready to help, so give us a call at (858) 209-2309 or contact us online today to schedule a free consultation with an Anaheim estate litigation lawyer and to learn more about the assistance we can offer.

How Does Albertson & Davidson, LLP Help With Estate Litigation?

At Albertson & Davidson, LLP, our firm has recovered over $425 million for clients, so we have proven we understand how to build strong claims that can maximize the chances of clients resolving conflicts in their favor.  Our team will be there from day one:

  • Gathering evidence about the validity and enforceability of estate planning documents
  • Connecting you with experts to provide testimony about issues such as whether the deceased was of sound mind
  • Finding missing assets
  • Responding to creditor claims
  • Contesting an invalid will
  • Guiding executors and administrators through the process of defending against a claim
  • Helping those who were denied a rightful inheritance identify and prove problems with the current estate planning documents
  • Negotiating an out-of-court settlement when possible to try to minimize costs and achieve more timely resolutions
  • Going to court to litigate and bringing decades of trial experience to the table to maximize the chances of a successful outcome

Whether you are arguing that a will or trust should be treated as valid, claiming your community property rights, or fighting against the enforcement of a will or trust because of problems with its creation, Albertson & Davidson, LLP will treat your case with the importance it deserves and fight hard to get you the inheritance you had expected and hoped for.

What Is Estate Litigation?

When someone passes away, it’s important to understand the process that occurs.

In most cases, the estate will be probated. This means the executor or personal representative will file a petition and other required documents with the court, and the instructions in the will or intestacy laws will dictate how assets are distributed so the estate can be settled.

In some cases, instead of probate, the deceased put some or all of their assets in a trust, and the trust administration process occurs. In this case, the trustee oversees the process of administering the trust and following the deceased’s instructions for distributing assets to beneficiaries.

Unfortunately, in both situations, problems can arise. Many different issues could occur, from someone contesting (challenging) the trust or the will to questions about whether the executor, personal representative, or trustee is fulfilling their fiduciary duty.

When these issues arise, estate litigation can result. That means that the court is asked to resolve a dispute and determine what the outcome should be. This process can be time-consuming, it can cost a substantial amount of money, and it can put your inheritance at risk.

Types of Estate Litigation

Some of the most common types of estate litigation include:

  • Will contests:  This involves challenging whether a will is valid.
  • Trust litigation: This involves contesting or challenging the validity of a trust.
  • Conflict over asset distribution: This could include conflict over the meaning of a will, questions about who should inherit under intestacy laws, or complicated cases like when a spouse wants to claim his or her share of assets under community property rules if they were disinherited.
  • Breach of fiduciary duty: Executors and trustees have a fiduciary obligation to act in the best interests of the estate and its beneficiaries — not to act in their own interest.
  • Financial elder abuse: Litigation can also arise if there is a belief that a person or company financially exploited an elderly individual.

Albertson & Davidson, LLP has represented clients facing all of these different types of estate litigation.

We understand how to prove a claim and will build a strong case with the help of experts, including medical providers, psychologists, forensic accountants, and others who can help track down missing assets or provide evidence or opinions relevant to capacity, susceptibility to undue influence, or mental condition at the relevant time.

Will Contests

A will is a very common type of estate planning document, so it shouldn’t come as a surprise that will contests are a leading reason for estate litigation. Will contests can happen when someone with standing formally challenges the validity of a will.

Some of the most common grounds for will contests include:

  • Lack of capacity: This means the deceased was not of sound mind when the will was made.
  • Undue influence on the deceased: In this case, the allegation is that someone placed undue pressure on the deceased to convince them to create the last will and testament.
  • Forgery or fraud: This occurs when someone makes a fake will and pretends that it is a real and enforceable one or when someone convinces a person to make a will through dishonest means.
  • Improper execution of the will: This could become an issue if the deceased failed to do everything that was required in order to create a valid last will and testament.

Albertson & Davidson, LLP will review the last will and testament and the circumstances surrounding its creation carefully to determine if there are grounds to contest it. We can help you to argue for your preferred outcome and will begin building a solid case from day one.

Contact an Anaheim Estate Litigation Lawyer Today

Estate litigation is complicated and emotional. It often affects families, must be conducted during a time of grief, and can make a huge difference in your financial stability going forward.

You need an advocate who knows California law, who has decades of experience in estate litigation claims, who is comfortable in the courtroom and who has a proven track record. Albertson & Davidson, LLP has a skilled legal team ready to provide the advocacy you need.

To find out more about how our firm can fight for you and help guide you through the process of protecting your inheritance and your loved one’s legacy, give us a call at (858) 209-2309 or contact us online today.