Newport Beach Probate Litigation Lawyer

Do you need help settling a probate dispute in Newport Beach, CA, after the death of a loved one? We understand how difficult this time can be, and probate-related disputes can add additional stress during an already challenging time. At Albertson & Davidson, LLP, our Newport Beach estate litigation lawyers can help protect your legal rights and interests during the probate process.

Call us today at (858) 209-2309 to speak to a Newport Beach probate litigation lawyer who is ready to help.

Why Choose Us?

If you are going through probate litigation, you need a lawyer who understands the sensitive nature of the situation. The caring team at Albertson & Davidson, LLP will never treat you like just another case number. We will take the time to listen to your situation and understand your needs. Clients have come to trust us for all their probate and estate matters because:

We focus our practice solely on complex probate and estate matters, so we bring a deep understanding of California probate law to every case
We have recovered more than $300 million in settlements and verdicts for other clients
While we resolve most disputes through settlement, we are fully prepared to litigate when necessary to protect your interests

Don’t wait while important decisions are made that could affect your rightful share of the estate – make the call to Albertson & Davidson, LLP today. We serve clients in Newport Beach, Costa Mesa, Laguna Beach, and all the surrounding areas. We will go to work right away to stand up for your rights and help you pursue a fair and effective resolution.

How a Probate Litigation Lawyer Can Help

The probate process can get complicated, especially when there are multiple heirs staking a claim to the inheritance. Significant financial interests can often lead to complex disputes among heirs or beneficiaries. By having an experienced lawyer on your side, you stand a better chance of protecting what is yours. A lawyer can help you by:

Answering your questions and advising you of the law that applies in your situation based on CA probate law
Reviewing all probate and estate documents to understand your legal rights
Negotiating a settlement with all parties involved to get you a favorable outcome
Going to court and litigating on your behalf when negotiations stall

Whether you are already in the middle of probate litigation or you simply see a potential dispute on the horizon, call us today to let us learn more about your situation and get started developing a strategic legal approach tailored to your circumstances.

Common Causes of Probate Litigation in Newport Beach

The probate process can involve many types of legal documents or instruments, including both wills and trusts. In some situations, the decedent may not have left a valid will. Either way, disputes over the deceased’s intentions are quite common. Additionally, some other issues that commonly lead to probate litigation are:

Breach of fiduciary duty
Trustee misconduct
Misuse or misallocation of trust funds
Improper distributions from the estate
Appointment of executor or successor

While many of these issues can be settled through negotiation or mediation, some disputes will ultimately end up at trial. While we are able to successfully settle most claims for our clients, our trust litigation lawyers in Newport Beach always prepare each case in anticipation of trial. Our intensive research and preparation help us be prepared to handle whatever issues may arise.

What Is The Difference Between An Estate Lawyer And A Probate Lawyer?

It’s easy to confuse estate lawyers and probate lawyers since both help with issues surrounding death and the legacy of a deceased person. However, there are big differences between what these legal professionals do and how they can help you.

Estate planning lawyers help you while you are alive to plan for what will happen after your death. Probate lawyers are there in the aftermath of a death, representing those left behind as they navigate the process of settling estates and ensuring that an inheritance is transferred quickly and efficiently to the right beneficiaries and heirs.

An estate planning lawyer will do things like help you create a will, while a probate lawyer will assist in managing your duties as executor of a will. When a conflict arises, you may also need a special kind of probate attorney, called a probate litigation lawyer, who can present legal arguments and evidence to maximize the chances of your preferred resolution of a conflict.

Albertson & Davidson, LLP has represented clients during all stages of the probate process, and, as experienced Newport Beach probate litigation lawyers, we offer invaluable help when there are problems like a will being contested.

Our goal is to make sure you protect your rights during probate proceedings and to help you get the best outcome possible, given the deceased’s wishes and the plans they put in place.

How Much Are Probate Fees In California?

When you probate a will in California, you have to pay court fees, which typically total around $435, although you may be able to apply for a fee waiver.

In some cases, you may have to hire professionals to help with certain aspects of the probate process as well. So, for example, you may need to pay a forensic accountant to track down missing accounts or an appraiser to establish a valuation of the estate.

You’ll also have attorney fees to pay, which are set by statute in California and which total:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0.5% of the next $15 million

Once an estate is valued at over $25 million, the court will work with the attorneys involved to establish a fair fee amount. Since fees are set by statute, you don’t have to worry about unexpected costs and can hire the Newport Beach probate lawyer that you feel will do the best job without worrying about surprise bills.

How Long Does Probate Usually Take In California?

The probate process usually takes between nine months and 18 months, although sometimes probate can happen more quickly, and sometimes the process will take longer. If there is conflict or if any kind of problems arise, this could add time on to the probate proceedings.

Working with an experienced Newport Beach probate litigation lawyer can keep things moving smoothly so you can get through your case as quickly as possible.

Can A Property Be Transferred Without Probate?

California allows for property to transfer via a simplified process for small estates. If your deceased loved one engaged in certain kinds of estate planning, like making a trust, then some or all of their assets may be able to pass outside of probate, depending on the arrangements they made.

Reach Out to a Newport Beach Probate Litigation Lawyer Today

If you are in the midst of probate litigation, reach out to the experienced team at Albertson & Davidson, LLP today. When your legal rights are at stake, it’s important to work with a firm that understands the complexities of probate litigation. Make the call to a team that knows how to get results.