Encinitas Probate Litigation Lawyer

Are you involved in a probate dispute in Encinitas, California? Do you need help with an issue concerning a will or trust? You likely need help from an experienced estate litigation lawyer in Encinitas who knows California probate law. The team at Albertson & Davidson, LLP has earned a reputation for helping clients navigate complex probate litigation with proven legal strategies.

Why Choose Us?

We know you have options when it comes to selecting a probate litigation lawyer. When your inheritance is at risk, you need to consult with a lawyer who understands how to navigate complex probate disputes. Clients continue to choose Albertson & Davidson, LLP to handle their probate litigation because:

Our lawyers are known for their aggressive courtroom skills and knowledge of the law
We will put together a personalized approach and representation strategy
We have recovered more than $300 million through settlements and verdicts

Make the call today to Albertson & Davidson, LLP to put our knowledge and experience on your side. We help clients throughout Encinitas, Vista, San Marcos, Solana Beach, and nearly all the surrounding areas, and we are ready to help you too.

Why You May Need a Probate Litigation Lawyer

Failing to dispute a will, trust, or other estate matter could result in forfeiting your potential interest in the estate. An experienced Encinitas trust litigation lawyer can assess your situation and help you determine your best path forward for protecting your interests. Some other ways a lawyer can help you include:

Reviewing the terms of all estate documents, including wills and trusts
Advising you of your legal rights to the estate
Finding a way to successfully settle outstanding disputes
Filing a lawsuit in probate court on your behalf

If you are facing any type of probate dispute, contact the team at Albertson & Davidson, LLP for help today.

An Overview of California Probate Litigation

If you have a legal claim to any portion of an estate, then you likely have the legal right to challenge estate issues in probate court. The process of challenging the way in which an estate is being handled or administered starts the process of probate litigation. Some common causes of probate litigation in California include:

Challenges about the validity of a will or trust
Concerns of undue influence or coercion
Mismanagement of trust or estate assets
Improper distribution of estate assets
Disputes about the appointment of an estate executor

Once you have filed your challenge in probate court, you will need to gather evidence to prove your claim. You will be required to attend a hearing before a probate judge, and the judge will use all the evidence presented to make a decision on the issue. Often, the parties are able to successfully negotiate a settlement without the need for a full trial.

What Is The Difference Between An Estate Lawyer And A Probate Lawyer?

Estate lawyers and probate lawyers do different things, but they are both critical to ensuring that legacies are preserved and the right people receive an inheritance after a death.

An estate planning lawyer helps with preparing for death by doing things like working with clients to make a will or to create advance directives that provide instructions on medical care. The goal of estate planning is to make sure that the right loved ones inherit and to provide instructions on important end-of-life and post-death issues.

A probate lawyer comes in after a death. Probate lawyers represent heirs or beneficiaries, as well as those who have been named as executors or personal representatives of an estate. The job of a probate attorney is to make sure executors fulfill all their obligations, the right court paperwork is filed, and assets are able to pass effectively to heirs and beneficiaries.

There are also problems that can arise during probate, which an Encinitas probate litigation lawyer can help resolve.

Albertson & Davidson, LLP has worked with clients to resolve many disputes surrounding even complex estates, and we can bring decades of experience to your situation to help maximize your chances of a favorable outcome in many types of estate litigation, including will contests, inheritance disputes, and more.

How Much Are Probate Fees In California?

Probate fees in California vary depending on several factors, including the amount and complexity of the estate.

In general, you’ll have to pay court filing fees, which are usually $435. There may be many other potential fees that apply, though, such as a fee for an appraisal when a professional valuation of the estate is needed. You’ll also have attorneys’ fees to pay, which are set by California law and determined based on the size of the estate.

Attorneys’ fees total:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0.5% of the next $15 million
An appropriate amount determined by the court for estates over $25 million

Since the law sets the fees you’ll be charged, you can focus not just on looking at what a lawyer charges, but also on factors like which Encinitas probate litigation lawyers have the most experience and the strongest client ratings. Albertson & Davidson’s legal team has decades of collective experience and many satisfied clients who praise our services.

How Long Does Probate Usually Take In California?

In California, the probate process usually lasts nine months to 18 months, with the timeline varying based on many factors. When there is a will contest, an inheritance dispute, or other problems, the process can take longer.

An Encinitas probate litigation lawyer will help move your case through the probate process as quickly and effectively as possible while maximizing your chances of the desired outcome.

Can Property Be Transferred Without Probate?

California has a summary succession process for low-value estates that allows property to transfer outside of probate. Property can also transfer outside of probate if the owner used estate planning tools to make sure that assets passed in other ways. Your attorney can help you determine if probate is necessary in your situation or if you can inherit using another process.

Speak to an Encinitas Probate Litigation Lawyer Today

Navigating probate disputes can be challenging, so don’t hesitate to reach out and get the help you need. The team at Albertson & Davidson, LLP, is ready to get started helping you today.

Call us now to schedule a consultation and let us help you protect your legal rights and interests in the estate.