La Jolla Estate Litigation Attorney

If your loved one has died in La Jolla, you likely will need to go to the Probate Division of the San Diego County Superior Court of California to probate their estate.

Probate is the formal process during which an estate is settled, and ownership of assets is transferred to heirs and beneficiaries.  Alternatively, assets could transfer through other methods like trust administration.

Unfortunately, no matter how an estate is settled, conflicts can arise that result in estate litigation. If you or someone you love is involved in a conflict surrounding an estate, you need the right La Jolla probate attorney to fight for your interests and to protect your inheritance.

Albertson & Davidson, LLP has decades of experience, a history of recovering over $300 million in settlements and verdicts for our clients, and a commitment to treating every case with the importance it deserves.  We are here and ready to help when you need someone to support you through estate litigation to fight to preserve your inheritance and your loved one’s legacy — call (858) 209-2309 today.

Types Of Estate Litigation

Many different kinds of estate litigation can arise when your loved one’s estate is being settled. Some of the many cases that Albertson & Davidson, LLP has experience with include:

  • Will contests: Will contests involve challenging whether a will is valid and should be probated. If the deceased acted under duress, was tricked into making a will, or was of unsound mind, the will shouldn’t be probated. There could also be questions about what a will means, and whether the will is the newest and most updated version.
  • Trust litigation: Conflicts can arise during the trust administration process regarding whether the trust is valid or whether it is being interpreted correctly.
  • Breach of fiduciary duty claims: Trustees and personal representatives of estates have a fiduciary duty to put the interests of the estate, heirs, and beneficiaries above their own interests. If they fail to fulfill their obligations, this can result in estate litigation. Mishandling estate assets can also be considered a breach of duty.
  • Disputes over how estate assets are distributed: Conflict could arise over how community property rules impact the distribution of the estate, or over what a will means and how the assets left behind should be distributed.
  • Creditor disputes: When creditors make claims against the estate, you could challenge the validity of those claims or whether the creditor followed the proper process to collect.

In these and other circumstances where conflicts arise, Albertson & Davidson, LLP knows the law inside and out. We can bring our decades of legal experience to the case to help you maximize your chances of a favorable outcome that protects your financial future.

Will Contests

Will contests are one of the most common reasons for estate disputes. A last will and testament should be the governing document that determines exactly how assets are distributed. Unfortunately, conflict can arise regarding:

  • Whether the deceased followed California laws for making a valid will.
  • How the will should be interpreted. For example, if the will specifies “grandchildren,” was that only grandchildren born before the deceased passed, or is it grandchildren born later?
  • Who should inherit specific assets under the will? If the language is not clear or is conflicting, questions could arise over which assets go to which beneficiaries. For example, if antiques were left to the deceased’s son and books were left to his daughter, what happens to antique books?
  • Whether the deceased was tricked into making the will by fraud or undue influence
  • Whether the deceased was of sound mind

In these and other circumstances, Albertson & Davidson, LLP will carefully review the will, as well as California laws, to help you understand the strength of a will challenge, what legal arguments to make, and whether to try to resolve your conflict with a settlement or to litigate the issue.

Our goal will always be to resolve the dispute as cost-effectively and quickly as possible so you can move forward, while always making sure your rights are protected.

Why Turn To Albertson & Davidson, LLP For La Jolla Estate Litigation?

There are many reasons why Albertson & Davidson, LLP is the right firm to turn to when a conflict arises related to an estate in La Jolla.  You should trust our legal team because:

  • We have decades of experience representing clients in estate litigation. We know the law, we understand how the litigation process works, and we can help you evaluate the merits of your case and develop the right legal strategies.
  • We are committed to compassionate representation. We understand how difficult it is to lose a loved one, and how stressful it is to cope with a dispute over your inheritance – especially if there is a lot of money on the line or you feel your loved one’s legacy is at stake. We treat your case with the importance it deserves, as we know the outcomes will shape your future.
  • We have solid litigation experience and strong negotiating skills. We’ve helped many clients to negotiate settlements that protect their finances and preserve family relationships, while avoiding the stress of going to court. However, when necessary, we have extensive litigation experience, know the rules of estate litigation, and can make compelling legal arguments using sound legal strategies.

Our firm will be there from day one, reviewing the estate planning documents, helping you to determine your best course of action for resolving conflict, and fighting for you.

Contact A La Jolla Estate Litigation Attorney Today

Your loved one’s legacy is important, and your financial future can be shaped by whether you receive the inheritance you deserve. When conflict arises that puts these things at risk, you need an advocate committed to fighting for you — and with the necessary knowledge and experience to give you the confidence your case is in good hands.

Albertson & Davidson, LLP has a long history of satisfied clients, and we are ready to bring our legal experience to work to help you resolve your dispute. Contact us online  today to schedule your free consultation with our La Jolla estate litigation lawyers to find out what we can do to help you.