Glendale Probate Litigation Lawyer

Probate is the formal process by which assets are transferred to heirs or beneficiaries after a death in California. Probate can take months under the best of circumstances, and it can also be an expensive and complicated process.

Unfortunately, when things go wrong in probate, this creates added challenges and significant stress on grieving loved ones. In these difficult circumstances, it’s important to have the right legal representation.

A Glendale probate litigation lawyer at Albertson & Davidson, LLP is here and ready to help you when you are involved in probate litigation. We represent executors of estates, as well as heirs named in the will and those who stand to inherit but who believe a problem with the will has prevented them from doing so.

To find out more about how our team can help you, give us a call or contact us online today to schedule your free consultation.

Types of Probate Litigation

While many different kinds of disputes can happen in connection with probating an estate, certain types of conflicts are more common than others. Some of the most common reasons that probate litigation occurs include:

Will and trust contests: If the deceased left behind a will or trust, there may be questions regarding whether it is legally valid. This could happen if there are allegations that the deceased created or changed the will or trust while of unsound mind or under conditions of fraud or duress.

Breach of fiduciary duty: An executor or an estate administrator has a fiduciary duty to act in the best interests of the estate. If the executor or administrator enriches themselves at the expense of the estate, mismanages assets, or otherwise fails to fulfill their obligations, this can result in litigation on the basis of a breached fiduciary duty. The executor may need to replace assets that were lost due to their mismanagement or intentional misappropriation of estate assets.

Executor or trustee removals: When there is a conflict of interest, negligence, or wrongdoing on the part of the executor or the trustee, heirs or beneficiaries may petition to have them removed. This will need to be litigated in court to determine if the executor or trustee should be taken out of their position. In that case, a decision will need to be made on who should be appointed to take over the role.

Disputes among beneficiaries: Sometimes, there is conflict among beneficiaries about ambiguous language in the trust or the will. There may be questions about who should inherit which assets, or even issues over who counts as a beneficiary.

Creditor claims: If the executor believes that a creditor has put forth an invalid claim, this can result in a dispute over whether a creditor is entitled to estate assets or not.

Conflict over asset ownership: There may be questions about who owns an asset that the deceased person has left behind, or that beneficiaries believe should be a part of the probate estate. For example, a third party may claim ownership of an asset even though the deceased individual believes it had belonged to them.
Questions about the value of the estate: This could become a point of conflict for purposes of calculating estate taxes or in situations where, for example, one heir wants to buy out the other heirs’ interest in the family home.

These are just some of many potential reasons for probate litigation to arise. Albertson & Davidson, LLP can provide representation and advice in these difficult situations to help preserve and protect the value of the estate, to help you ensure you get the inheritance that you deserve, and to help you ensure the wishes of the deceased are honored.

Will and Trust Contests

Will and trust contests are one of the most common reasons for estate litigation. That’s because heirs may dispute:

Whether a last will and testament or a trust is valid
Whether the last will and testament or trust is the most updated version
Whether a new version of the will or trust adds to the old document or repudiates and replaces it
What the language of a will or trust means

In these and other situations, it will be important to look at key evidence such as the deceased person’s state of mind, all versions of the estate planning documents, and the plain language of the will or trust and its most common interpretation.

Albertson & Davidson, LLP can help you to make solid arguments in favor of your preferred outcomes so you can maximize your chances of getting the inheritance you expect and deserve.

How a Glendale Probate Litigation Lawyer Can Help You

At Albertson & Davidson, LLP, our experienced legal team knows the law inside and out. We understand California’s rules governing probate and trust administration and we can help you to navigate any disputes that may arise.

Some of the different services our team can offer include:

Challenging or defending wills based on the evidence available, including medical records, witness statements, and more.
Proving breach of fiduciary duty by demonstrating how an executor or estate administrator fell short
Working to find and recover missing, lost, or misappropriated assets
Helping you to understand how California’s probate and estate laws apply to your claim
Negotiating with creditors to resolve creditor disputes
Helping heirs or beneficiaries to negotiate a resolution to conflicts that preserves the value of the estate and honors the wishes of the deceased

Through this entire process, we work to ensure that you are making sound legal arguments and that we are resolving your claim as quickly and as cost-effectively as possible so your inheritance is not lost due to expensive legal fees and court costs.

Our firm knows the ins and outs of the California probate and estate laws, and we can apply those laws to build strong claims for your preferred outcomes.

Contact Albertson & Davidson, LLP Today

When you become involved in a conflict during the probate process, you need an attorney you can trust. Albertson & Davidson, LLP has decades of experience representing clients in California probate disputes and we’ll bring our legal knowledge to your case.

To find out more about how we can help you, give us a call or contact us online today to schedule your free consultation with a Glendale estate litigation lawyer.