Palos Verdes Probate Litigation Attorney

When someone dies in Palos Verdes, CA, their estate typically must go through the probate process. This is a formal legal process in which the estate is settled.

During the probate process, many different things can occur, from creditors coming forward to make claims to a will’s validity being determined, to a court deciding who should receive assets under intestacy laws if no estate plans were in place.

Unfortunately, sometimes things can also go wrong during probate. When conflicts arise, you need an experienced Palos Verdes probate litigation attorney. At Albertson & Davidson, our firm is uniquely qualified to help you in these difficult situations.

Our probate attorneys proudly represent clients throughout the Palos Verdes area, including Rancho Palos Verdes and Palos Verdes Estates, Redondo Beach, Hermosa Beach, Manhattan Beach, and Torrance.

We have decades of experience fighting on our clients’ behalf when something goes wrong after a death, and we will put our extensive knowledge of California trust and estate law to work for you.

Give our Palos Verdes estate litigation attorneys a call today at (858) 209-2309 to learn more.

What Can Albertson & Davidson, LLP Do For You?

If you are involved in estate litigation, Albertson & Davidson, LLP is the firm that should be your first phone call. Our experienced Palos Verdes litigation attorneys will be there for you at every step of your case. Some of the services our firm can offer include:

Gathering evidence: We can help you to obtain the evidence you need to prove your claim, such as financial records from a fiduciary who breached their duty or witness statements from the decedent’s doctor who can testify as to why the decedent was not of sound mind when he made the will.

Deciding on a legal argument: Our firm has decades of experience with probate litigation cases, and we know California law inside and out. We will review the law carefully that applies to your case to select the best and strongest legal arguments and maximize your chances of achieving your preferred outcomes.

Filing court paperwork: Paperwork must be filed in a timely manner to avoid losing your chance to litigate on key estate issues. Our firm knows the ins and outs of estate litigation and will make sure we meet all deadlines and file the forms that are necessary to advance your case.
Presenting a compelling claim in court: You need to be able to present your legal arguments the right way, have the right expert witnesses, and meet your burden of proof in court if you want to ensure that your case is resolved in the way you know is right. Our firm has exclusively represented clients coping with probate conflicts, and we have decades of legal experience and a long history of successful court verdicts.

These are just some of the many ways that our firm assists you when you become involved in probate litigation. We understand that this is a sensitive and difficult time in your life, and that the outcome of your case can have huge implications for your finances, so we treat every claim with the importance it deserves.

What is probate litigation in Palos Verdes, CA?

Probate litigation is necessary when conflict or disagreements arise surrounding what should happen to the estate of a person who has passed away. That person is called the deceased or the decedent.

Litigation can be brought by surviving relatives who are inheriting, or who believe they should be inheriting, as well as by the person who has been named as executor of the estate.

When a conflict arises, the person who has a legal issue will bring the claim before the probate court and ask a judge to resolve the disagreement.

Palos Verdes Probate with a Will

When your deceased loved one created a valid last will and testament, then after their death, the probate process will take place with a will. Since the last will and testament provides instructions for what should happen to the deceased person’s assets, the purpose of the probate proceedings is to make sure the will is valid and that the deceased person’s instructions are carried out as specified in the document.

The will typically answers a lot of important questions that are raised during probate.

For example, it should specify who will serve as the personal representative of the deceased. The personal representative, who is also sometimes called an executor of an estate, is responsible for filing with the court to get probate underway and for presenting the will to the court to be probated. The personal representative also manages assets until they are distributed to heirs.

The will should dictate who inherits money or property. During probate, people with standing (a potential claim to the inheritance that gives them certain rights) can contest the will if they choose to do so. This would involve arguing that it wasn’t valid or that there was some problem with it, such as the deceased person being convinced to make it under duress.

However, unless there is a specific reason not to enforce the will, the deceased person’s wishes as spelled out in that document will determine how assets are distributed. It will take time for probate to be completed, though, and for all of the necessary steps to take place, such as creditors being given the chance to make claims against the estate. Still, the process will be simpler and easier when the deceased person has left clear instructions for what should occur.

Palos Verdes Probate When There Isn’t a Will

Sometimes, a person dies without a will.

If and when that happens, the estate typically still needs to be probated unless the deceased person took steps to ensure all of their assets transfer outside of probate (such as making a living trust or holding property with co-owners who have rights of survivorship).

If there are no other estate plans and there are enough assets to transfer through probate, then this formal court process must take place to settle the estate. Here’s how it typically works.

The court will appoint a designated representative based on who is willing to fulfill this role and based on guidelines set forth in California’s probate code. The designated representative will have the responsibility of filing court paperwork, managing estate assets, and shepherding the estate through the probate proceedings.

Unfortunately, determining the deceased person’s wishes for the distribution of assets won’t be possible without a will or other estate planning documents. Instead, intestacy laws will determine who inherits property when going through probate without a will. These laws typically try to ensure that close family members inherit, but the outcome still may not be what the deceased would have chosen.

An experienced Palos Verdes probate litigation lawyer at Albertson & Davidson, LLP can offer help during probate with or without a will and can offer guidance on how intestacy laws work and what the rules are for determining if a will is valid and enforceable.

Common reasons for probate litigation in Palos Verdes

Probate litigation can become necessary for a wide variety of reasons because many kinds of conflicts can arise after someone has passed on. Some of the most common reasons for probate litigation include:

Competing wills: If the decedent left behind multiple wills that conflict with each other, this can create conflict over which is valid and should be controlling.
Technical problems with the will: Surviving loved ones with an interest in the estate can bring a claim arguing that the will should not be valid because it was not made properly in accordance with the law.
Allegations of fraud, undue influence, or mental incapacity: If the decedent was coerced into making a will or was mentally unsound at the time of its creation, then surviving loved ones with an interest in the estate can argue that the will should not be treated as a valid one.
Claims that the will misstates the decedent’s intent. If someone made a will, but there is solid evidence that they meant something different than it appears, then it’s possible the provisions of the will may not be enforced as written
Breach of fiduciary duty. An executor or a trust administrator who is placed in charge of the property of the decedent must act in the best interests of the beneficiaries and heirs. If they fail to do so, it could lead to probate litigation.
Issues related to intestacy laws. If the decedent died with no estate plan, California intestacy laws will determine who inherits the property left behind. Sometimes, there can be questions about how these laws should be applied.

These are some of the most common reasons for estate litigation, but there could be others. The issues raised in these cases are very complex, and it is critical that you have the right legal team of Palos Verdes trust litigation attorneys looking out for you as you navigate the probate process.

Contact a Palos Verdes Probate Litigation Attorney Today

The wishes of your deceased loved one deserve to be respected and you deserve to receive the inheritance they would have wanted you to have as part of their legacy.

Our Palos Verdes probate litigation attorneys have the knowledge and skill to maximize the chance of that happening and of a favorable outcome in any probate litigation you are involved in. That’s why so many clients in the Palos Verdes area, including in Rancho Palos Verdes and Palos Verdes Estates, Redondo Beach, Hermosa Beach, Manhattan Beach, and Torrance, have turned to us for help.

Give us a call today at (858) 209-2309 or contact us online to find out more about how our firm can help you secure your loved one’s legacy and make sure your financial future is as strong as possible, given the inheritance left behind.