Anaheim Probate Litigation Lawyer
The probate process can be time-consuming and stressful even when all goes well. In fact, more than half of all Americans have described the process as being either somewhat or very difficult.
Unfortunately, in many situations, things don’t go well during probate and conflicts arise that lead to probate litigation. This can end up putting your inheritance at risk, jeopardizing the value of the estate, and resulting in a long and drawn out court battle.
In these difficult situations, it’s critical that you have a trusted advocate on your side. Albertson & Davidson, LLP can help. Our team has spent decades fighting for individuals involved in inheritance disputes, and we understand how to make compelling arguments to protect your inheritance and preserve your loved one’s legacy.
To find out more about how an Anaheim probate litigation lawyer can help you, give us a call or contact us online today to schedule a free consultation.
What Is Probate Litigation?
Probate litigation occurs when someone with legal standing files a lawsuit in probate court in order to address conflicts over issues such as:
- How a deceased person’s assets are supposed to be distributed after death
- How an incapacitated person’s assets are being managed
- How a deceased person’s estate is being managed.
Probate litigation can involve formal court proceedings and requires filing documents with the court on schedule as well as gathering evidence and conclusively proving allegations.
Those who are involved in probate litigation need a skilled attorney by their side.
This is true when you are the one who is suing because you believe something is wrong with the way an estate or inheritance is being handled, as well as when you are the executor, administrator, or a beneficiary and you want to protect the estate or your inheritance against a legal challenge.
Common Reasons for Probate Litigation
Probate litigation can arise for many different reasons. Some of the most common disputes that are resolved during probate litigation include:
- Will contests or challenges: This includes claims that a last will and testament is not valid and should not be probated or claims arising from conflicts about the meaning of a will.
- Allegations of fiduciary misconduct. These claims can be made when an executor or administrator is allegedly mishandling or misappropriating estate assets for their own benefit. A fiduciary duty is the highest duty owed under the law, and executors are supposed to act in the best interests of the estate at all times.
- Interpretation issues with a will or trust: There is sometimes conflict about what the language of a will or trust means, such as whether a particular asset is meant to go to a specific beneficiary. For example, if a daughter was willed all antiques and a son was willed all vehicles, a conflict could arise over who inherits an antique vehicle.
In these and other situations, it’s important to be represented by an attorney who knows the law and who has a history of successful outcomes. Albertson & Davidson, LLP has spent decades fighting for clients involved in probate litigation.
We’ve recovered millions and we have a long history of favorable client reviews that show we are diligent, aggressive, and compassionate in fighting to help clients preserve their inheritance and protect the legacy of their loved one.
Will Contests in Anaheim
Will contests are one of the most common reasons for probate litigation in Anaheim. Challenges to a will can be based on:
- Claims the deceased was of unsound mind when they made the will
- Claims that the will was made or changed under conditions of fraud or duress
- Questions about which will is the most up-to-date or whether an old will has been repudiated
- Claims that the will is not valid because proper legal formalities were not followed
- Questions about whether the will is a fraud or forgery
- Issues interpreting what the will means or who should inherit under its terms
When someone challenges a will, you’ll need extensive evidence to cast doubt on its validity or to prove that it is an enforceable legal document.
Experts, including psychologists and medical experts, may be called to testify along with witnesses who may have insight into the state of mind of the deceased individual at the time the will was made.
How an Anaheim Probate Litigation Lawyer Can Help You
An Anaheim probate litigation lawyer can provide help and support when you are involved in a dispute over a loved one’s assets or inheritance.
Our team will be there from day one to start gathering evidence and determining what legal arguments to make to maximize your chances of a favorable outcome.
For example, some of the different ways an Anaheim probate litigation lawyer at Albertson & Davidson, LLP can help include the following:
- Investigating claims: We’ll subpoena medical records, obtain testimony from care providers and others, and obtain financial records to investigate allegations raised during probate litigation.
- Interviewing witnesses: We can conduct thorough interviews with eyewitnesses who have insight into the deceased’s actions as well as expert witnesses who can trace back missing funds, identify asset management failures on the part of fiduciaries, and otherwise provide crucial evidence to bolster your claim.
- Filing and responding to court actions: We’ll draft formal legal complaints, file objections, demand accountings, and seek injunctions to stop things like fiduciary misuse of assets by freezing bank accounts.
- Negotiating a resolution or fighting in court: We can often help clients resolve probate disputes through an out-of-court settlement to help protect the value of the estate. But when necessary, we have extensive trial experience and can make persuasive arguments for your preferred outcomes in probate court.
Throughout the process, we’ll keep you informed of your case progression and do everything possible to resolve the claim in your favor as quickly and cost-effectively as possible.
Contact Albertson & Davidson, LLP Today
Albertson & Davidson, LLP is here and ready to help when you become involved in probate litigation. We’ve recovered more than $425 million for our clients, and we understand how important your inheritance is to your financial future.
Give us a call today at (858) 209-2309 to schedule your free consultation with an Anaheim probate litigation lawyer to learn more.