Laguna Beach Estate Litigation Lawyer
When someone passes away, they often leave behind an estate. The estate generally must be settled. In some cases, assets transfer through a probate process, while in other cases they may be transferred through trust administration
Unfortunately, sometimes conflicts arise during the process of settling an estate. If and when this occurs, the court may be asked to step in and resolve them. The parties to the dispute would each present evidence and legal arguments, and the outcome of the case could determine how estate assets are distributed.
The process of resolving these disputes is called estate litigation, and the stakes can be very high as your inheritance may be on the line. If you find yourself in this situation, a Laguna Beach probate litigation lawyer at Albertson & Davidson, LLP can help.
Our legal team has recovered more than $425 million for clients and we bring decades of litigation experience to the table so give us a call today at (858) 209-2309 to find out how we can help you.
Types Of Estate Litigation In Laguna Beach
Many different conflicts can arise when an estate is probated. However, there are some issues that come up often and that can lead to litigation. Some of the most common types of estate litigation include:
- Will contests: Disputes over the validity of a will or its terms.
- Trust contests: Conflict over the validity of a trust or its terms
- Fiduciary litigation: Questions about whether the executor is fulfilling their obligations
- Conflict over the appointment of a personal representative: Conflict over who should be put in charge of managing the estate and the probate process.
- Creditor claims: Conflict about whether a creditor claim is valid.
Albertson & Davidson, LLP has represented clients in all of these different types of estate litigation. We bring strong experience and a commitment to fighting for our clients to every case.
Understanding Will Contests
Will contests are one of the most common reasons for estate litigation. Generally, these conflicts arise when heirs, or potential heirs, believe there is an issue with the last will and testament and a reason why it should not be enforced as written.
A will can be contested on many different grounds. Here are some of the most common reasons to contest a will that come up in court:
- Lack of testamentary capacity when creating a will: The creator was not of sound mind when creating the will
- Undue influence over the will creator: Excessive persuasion overcame the creator’s ability to make their own choices
- Forgery: The will, the signature, or parts of the will are fake.
- Lack of proper execution: Legal requirements for creating a will were not followed
- Revocation of the will: The will being presented for probate has been declared no longer valid
- Fraud: The will was created under false pretenses.
Our legal team will help you to determine if there are grounds for a will contest and will work to make the strongest possible arguments for your preferred resolution to the dispute.
Contact A Laguna Beach Estate Litigation Lawyer
When your inheritance is at stake, you need legal help from a committed advocate. Contact a Laguna Beach estate litigation lawyer at Albertson & Davidson, LLP today to schedule a free consultation and find out more about how we can fight for you.