Laguna Beach Probate Litigation Lawyer

Probate is the process of settling an estate. It’s almost always required after a death, unless a plan has been put in place to transfer assets outside of probate. The process can take months or even years, and it ultimately results in the distribution of the property the deceased left behind.

Unfortunately, things do not always go smoothly when an estate is being settled. In fact, major conflicts can result in probate litigation. This can be costly and complicated, and it can put your inheritance and the legacy of your deceased loved one in jeopardy.

Laguna Beach Probate Litigation Lawyer

To learn how our firm can help if you become involved in conflict after a death, call (858) 209-2309 or contact us online today to schedule a free consultation with a Laguna Beach estate litigation lawyer at Albertson & Davidson, LLP.

Probate Litigation Vs. Probate Administration

Probate administration and probate litigation are two different things.

Probate administration is a standard procedural process for settling an estate that involves:

  • A personal representative being appointed
  • The appropriate paperwork being filed with the court
  • Identifying and valuing estate assets
  • Providing required notices to potential heirs and creditors
  • An opportunity for creditor claims
  • Accounting for estate transactions.
  • The distribution of assets in accordance with the law and estate planning documents

Probate litigation, on the other hand, occurs when there is a problem. The goal is to:

  • Address conflict
  • Present evidence
  • Make compelling legal arguments for your preferred outcome
  • Ask the court to resolve a dispute, ideally in your favor

The stakes of probate litigation are often very high, because the conflicts that arise during this process can shape who inherits and what can be done with assets.  For example, if there are questions about whether a will is valid and the court finds that it is not, those who stood to inherit under the will may not collect the anticipated funds.

Ideally, probate administration will not involve litigation. Unfortunately, this is not always the case.

When Does Probate Litigation Become Necessary?

Probate litigation may become necessary when a dispute arises during the process of settling an estate. If the conflict can’t be resolved through an out-of-court settlement by the involved parties, then the issue will need to be litigated.

Some common examples of situations when probate litigation may become necessary include:

  • Will and trust contests: These become necessary when there are questions about whether the will or trust is valid and should be enforced.
  • Breach of fiduciary duty: Executors and personal representatives all have an obligation to act in the best interest of the estate and beneficiaries. If these individuals in a position of trust fail to fulfill their duties or act in their own interests at the expense of the estate, this can result in litigation. Those filing a claim may seek removal of the executor/representative and sometimes compensation for damages they caused.
  • Creditor disputes: Creditors can make claims on an estate but the personal representative has the option to formally object to an untimely, excessive, or invalid claim. This can result in litigation to resolve the conflict and determine if the creditor claim is valid.
  • Conflicts over the meaning of a will or trust: There may be questions about exactly what the language of a will or trust means and how property should be passed onto heirs.
  • Asset distribution issues: Other potential conflicts over the distribution of estate assets could include situations where a spouse was disinherited and wants to claim their share of community property, or questions about how specific property should be valued.

In these and other situations where conflicts arise, there is often a lot at stake. If a will is found invalid, for example, the deceased person’s wishes for their legacy may not be enforced. If a fiduciary failed to fulfill an obligation, rightful heirs and beneficiaries would face financial loss because of it.

You need an experienced probate litigation lawyer who has spent time in the courtroom, who knows how to make compelling arguments, who can develop effective legal strategies, and who will be effective at building a trial-ready claim from day one.

What Does A Laguna Beach Probate Litigation Lawyer Do To Help?

A Laguna Beach probate litigation lawyer can help you in many invaluable ways as you cope with conflict during the probate process. Some of the different ways an attorney can help you include:

  • Determining if you have legally valid grounds for your claim
  • Helping you to understand the laws that apply to your situation
  • Evaluating the strength of your claim so you can better understand potential outcomes
  • Gathering evidence to help prove your claim
  • Interviewing witnesses to obtain testimony that strengthens your case
  • Connecting you with experts like forensic accountants or medical professionals who can testify about key issues like whether the personal representative misappropriated assets or whether the deceased was of sound mind at the time that a will or trust was created
  • Identifying the appropriate legal arguments to make to support your preferred outcomes
  • Devising a legal strategy focused on preserving your rights and protecting as many estate assets as possible 
  • Negotiating an out-of-court settlement when possible to preserve the value of the estate, allow for a timely resolution, help conflicts to remain private, and maximize the assets you are able to obtain
  • Going to court and presenting a compelling claim so you stand the best chance of the desired outcome

These are just some of many ways that Albertson & Davidson, LLP can assist you during the probate litigation process. We have spent decades fighting for heirs and beneficiaries to make sure their loved ones’ wishes are respected and their inheritance maximized so they can move forward with the financial security they deserve after the death of a loved one.

Contact Albertson & Davidson, LLP Today

At Albertson & Davidson, LLP, we have extensive courtroom experience, and we have a deep knowledge of California laws governing the probate process. We’ll fight to help you protect your inheritance and maximize the chance of a favorable outcome.

To find out more about the assistance we can offer, give us a call or contact us online today to schedule a free consultation with a Laguna Beach probate litigation lawyer today.