Long Beach Probate Attorney

After a death in the Long Beach area, estates generally must go through the probate process. This process typically takes place in the Superior Court of California in the County of Los Angeles in the probate division.

Ideally, the probate process will go smoothly, with assets being distributed based on either the last will and testament left by the deceased or based on intestacy laws. Unfortunately, this often does not occur, and conflicts arise that result in probate litigation.

When there is a problem during probate, the stakes are very high because your inheritance — and your loved one’s legacy — is on the line. You need an advocate to help you understand your rights, make solid legal arguments, and protect your interests in probate court.

A Long Beach trust litigation attorney at Albertson & Davidson, LLP can help. Our legal team has extensive experience with all of the different types of conflicts that arise during probate proceedings, and we can put that legal knowledge to work to help you present compelling arguments for your preferred outcomes.

To find out how our firm can help you, give us a call or contact us online to schedule a consultation today.

Common reasons for probate litigation

While probate litigation can arise for many reasons, certain types of conflicts are far more common than others after a death. Some of the most common reasons for probate litigation include the following:

Multiple wills: If there are different competing versions of a will, there may be conflict over which is the most correct and updated one that should be probated.

Technical issues with a will: There are specific requirements under California law to create a legally valid will that can be probated. Sometimes, there are questions over whether a will being presented for probate has met those requirements.

Claims that the deceased was of unsound mind: You cannot make a valid will if your mental state is impaired. In many situations, especially if a will was changed late in life or after an illness was diagnosed, there are questions about whether the deceased was in the right mental state to create an enforceable will.

Allegations that the will was made under fraud or duress: A will must be freely made and must be a reflection of the deceased person’s true wishes in order to be valid. If the deceased was misled about material facts or was coerced into creating the will, it should not be probated.

Confusion about the meaning of the will: In some cases, a will is not written clearly, and there is confusion over what the deceased person’s intentions were. In other circumstances, surviving loved ones could argue that what the deceased wrote in the will was not actually what the person meant or intended.

Breach of fiduciary duty: An executor or estate administrator has an obligation to act in the best interests of the estate. If an executor instead tries to enrich themselves, this is a breach of fiduciary duty that can lead to estate litigation.
Conflicts over how intestacy laws should be applied: When someone dies with no will, intestacy laws determine how their property should be distributed. Sometimes, however, there can be a conflict over how those laws are applied that leads to probate litigation.

Albertson & Davidson, LLP has extensive experience representing clients involved in these and other types of estate litigation. We are ready to represent you if these conflicts arise after your loved one has passed.

How can a Long Beach probate litigation attorney help you?

When your loved one has died, and something has gone wrong during the probate process, Albertson & Davidson, LLP will be there for you at every step. Our firm can:

Help you to evaluate your case: We will carefully review estate planning documents as well as details on the issues related to the estate litigation to help you understand how the law applies and determine the strength of your case.

Work to build strong legal arguments: Our team will apply our extensive knowledge of California’s estate planning and probate laws to help craft solid legal arguments that maximize the chances of your preferred outcomes. We have a long history of representing clients who have been involved in disputes over wills and trusts, and we know how to make compelling claims.

Gather evidence: We can work with you to gather key information that will strengthen your case, such as medical reports, financial records, copies of estate planning documents, witness statements, and other relevant evidence.

Negotiate a settlement: In some cases, it’s possible to resolve estate disputes through a negotiated settlement. This can reduce the stress and time involved in handling these claims. Our team of skilled negotiators will aim to help you avoid court proceedings when possible, provided you can get a fair outcome through settlement.
Go to court on your behalf: We are experienced in probate litigation and have successfully represented many clients in court proceedings. Our track record of wins shows we know how to present a strong case in court, although, of course, the outcome of your probate litigation will depend on the facts of your claim.

These are just some of the many ways that Albertson & Davidson, LLP can work for you as you fight for your inheritance and fight to ensure your loved one’s wishes are fulfilled.

Finding the right Long Beach probate litigation attorney

Your Long Beach litigation attorney should:

Have a long history of representing clients in estate litigation
Have reviews from satisfied clients
Offer compassionate advocacy
Answer your questions and keep you informed throughout your case
Have strong negotiation skills and a solid background in litigation
Focus on California estate planning and litigation law

Albertson & Davidson, LLP offers all these traits and more. Our firm is committed to helping clients through the probate litigation process, and we understand the stakes, as your financial future may be on the line.

To find out more about how we can help you during this difficult time in your life, give us a call or contact us online today.