Los Angeles Probate Attorney

When an individual dies, there are various reasons that the settlement of the estate and distribution of their assets may be handled in Los Angeles probate court. If there is a dispute about a will or trust, it is handled in probate court by a Los Angeles estate litigation attorney.

If your inheritance is at risk, you need the guidance of a knowledgeable probate litigation attorney. Albertson & Davidson, LLP provides an experienced Los Angeles probate litigation team that has earned a reputation for aggressive courtroom skills to meet the needs of our clients. Our attorneys focus on handling complex estate and inheritance litigation matters involving probate, wills, and trusts.

If you are involved in a probate dispute or you have concerns about a recently deceased loved one’s will, trust, or estate, an attorney from Albertson & Davidson, LLP can help.

We often hear from prospective clients who have questions after receiving a Notice of Administration stating that any objections to upcoming probate proceedings must be raised. You need not wait. You should consult a Los Angeles probate attorney for any concerns regarding the distribution of significant assets in an estate.

Our probate litigation lawyers at Albertson & Davidson, LLP assist clients throughout California from offices in Los Angeles, San Diego County, Orange County, and Silicon Valley.

Contact us today at (858) 209-2309 or online for a free and confidential consultation.

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More Than $300 Million in Verdicts and Settlements Recovered

Meet Your Los Angeles Probate Litigation Team

Albertson & Davidson, LLP

Keith Davidson

With more than two decades of experience in trust and will litigation, Keith Davidson has secured over $300 million in verdicts and settlements. A graduate of Loyola Law School and former law professor, Keith is recognized for his strategic thinking, skilled advocacy, and ability to simplify complex estate disputes for his clients.

Stewart Albertson

A U.S. Army veteran and proven trial lawyer, Stewart Albertson has also helped clients recover more than $300 million in verdicts and settlements. Trained in tax law at Georgetown University and honored by Super Lawyers, Stewart is known for his tenacity in the courtroom and his client-first approach to every case.

Why Choose Albertson & Davidson?

Probate disputes are often emotional and highly personal. At Albertson & Davidson, LLP we focus exclusively on estate and probate litigation, giving each case the attention and dedication it deserves. Clients turn to our firm because:

  • Our lawyers dedicate their practice solely to probate and estate litigation

  • Our proven results include over $300 million recovered for clients

  • We treat every case with the focus, time, and commitment it requires

Schedule your free consultation today to see why families across Los Angeles trust us with their most important probate litigation matters.

Understanding Probate in Los Angeles, CA

Probate is the legal oversight of the transfer of a deceased person’s assets. In many cases, the deceased has left a will that directs how he or she wanted specific assets and personal property distributed.

For example, a will names beneficiaries and what assets they are to receive. A trust appoints a successor trustee who takes over the administration of the trust and its assets.

With will vs without will

  • There is a will. It should name an executor, who must file the will with the local probate court. The court will appoint an individual, usually the named executor, to administer the deceased’s estate. This involves ensuring debts and taxes are paid, collecting money owed to the estate, and reporting on the status of the estate to the court as it is dissolved. The executor ensures that the assets of the estate are divided and distributed as required by the will.
  • The individual died without a will. The deceased is said to have died “intestate.” The probate court will appoint an administrator who is tasked with identifying legal heirs to the deceased, in addition to settling the estate’s debts and taxes. The probate court will determine how and to whom assets from the estate are to be distributed. The distribution is typically according to a succession of kinship to the deceased, i.e., spouse, children, parents, and then siblings, as required by state law.

In Los Angeles probate often essentially consists of filing probate forms and attesting to their contents in a hearing.

However, when there are disputes about the contents of a will or trust or the actions of the administrator of an estate or a trustee, those with legal claims to portions of the estate have a right to be heard by a probate court.

This is probate litigation. It requires attending a hearing and providing documentation and testimony as evidence to support the claim.

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Do I Need a Los Angeles Probate Attorney?

Probate does not always require a hearing before a judge. But a hearing may be necessary if there are questions about the deceased’s intentions for the division of their assets or there are conflicts over who should be considered a legal heir to the estate.

There are innumerable possibilities for a dispute to arise as a family sets about settling the affairs of a deceased loved one. Heirs may fight over the disposition of property and funds. Family members may find themselves at odds with the estate administrator.

The Los Angeles probate litigation lawyers of Albertson & Davidson typically assist clients with matters regarding:

  • Contesting a Will. An interested party can contest a will in Los Angeles by moving immediately after the deceased’s death to object to the executor’s petition to probate the will. If probate has already occurred, it is possible to contest a will within 120 days of the hearing date. After such a petition, other parties (potential heirs, creditors to the estate) are notified and may file their petitions. A petition must state objections and set forth grounds for opposing the will as written. A will is presumed to be valid, so a challenge has a high burden of proof.
  • Contesting a Trust. Trusts are typically established as a means of conveying assets from one generation to the next (or to a charity or other such organization) without going through the Los Angeles probate process. Contesting a trust requires drafting and filing a lawsuit in probate court that details the grounds for challenging trust and what the probate court should do to grant the petitioner relief.
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What Are The Causes of Probate Litigation in Los Angeles?

  • Undue influence/elder abuse. It may be proper to question changes to a will or trust established late in a person’s life, particularly if the changes unduly benefit someone whose importance in the person’s life is a recent development. Los Angeles law defines undue influence as overcoming an elderly or infirm person’s free will and persuading them to give the bad actor money, houses, or other property. A will written under duress, such as by the imposition of threats or injury, is also invalid. Los Angeles elder abuse laws can be used to ensure that assets pass to the rightful heirs.
  • Mental incapacity. A will or trust may be invalidated if the individual lacked the capacity to understand and agree to the consequences of his or her decisions at the time it was drafted or amended. This requires evidence that the individual suffered from senility or dementia or was under the influence of certain medications at the time.
  • Fraud. If an unscrupulous beneficiary made a false statement to a person making a will to ensure a will or trust was worded to benefit them, the document can be ruled invalid. If such fraud were perpetrated to exclude or disinherit an otherwise rightful heir from a will, the probate judge may rule that the will be set aside.
  • Mistaken intent. A will may be invalidated if a petitioner presents clear and convincing evidence that the document misstates the intent of the person making the will at the time the will was drafted.
  • Technical mistakes. Los Angeles law mandates that a will or trust document be properly signed and witnessed to be valid. If a petitioner proves technical mistakes, it is up to a proponent of the will to establish by clear and convincing evidence that the deceased had intended the document to serve as his or her will.
  • Breach of fiduciary responsibility / abusive fiduciary. Los Angeles law imposes strict guidelines on the responsibilities and permissible actions of an estate’s executors, trustees, and conservators. These laws can be used to stop a fiduciary who is stealing from the estate, improperly distributing assets, or failing to properly account for the status of the estate.
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Legally Reviewed By
Stewart R. Albertson
Stewart Albertson attended Loyola Law School in New Orleans, Louisiana, and then obtained a Masters in Laws and Letters in Taxation from Georgetown University. Stewart opened his own practice straight out of law school before joining a small Redlands law firm (Ziprick & Kramer, LLP).

Standing Up for Your Inheritance: Our Legal Strategy

To assist you with contesting a will or trust, your Albertson & Davidson, LLP probate attorney in Los Angeles would subpoena:

  • Documents from the estate planning attorney who established the will or trust
  • Medical records of the person who made the will or original trustee
  • Estate financial records, which may show improper activity, such as cash withdrawals by a beneficiary or other improper activity by the estate administrator.

Our Los Angeles probate lawyers would review the will or trust documents and evidence we compiled to support your claim and then consult with you about whether to proceed with a contest. Wills and trusts can be written with “no-contest” clauses, which could bar you from receiving any benefits from the estate if your challenge were unsuccessful.

However, if you succeed or even if you demonstrate probable cause to contest a will or trust, the no-contest clause most likely would not be enforced. On the other hand, if you have been left out of a will or trust, there is nothing for you to lose by contesting it.

Sometimes, contesting a will or trust is your only option for standing up for your rights and getting the inheritance you are due. Our probate litigation lawyers in Los Angeles are ready to fight for you.

Get in touch with our Los Angeles trust contest lawyers

Talk to Our Trusted Los Angeles Probate Litigation Lawyers at Albertson & Davidson, LLP

Los Angeles’ laws governing probate litigation are complicated. The knowledge and experience of the attorney representing you if you must contest a will or trust are crucial.

Our founding attorneys Stewart Albertson and Keith Davidson at Albertson & Davidson, LLP are trial lawyers who focus on inheritance litigation. We stand. We fight. We win.

Our law firm has offices in San Francisco, San Diego, Redwood City, Irvine, and Los Angeles.

Contact us online or at (858) 209-2309 for a free initial consultation.


Visit Our Probate Litigation Office In Los Angeles, CA

1500 Rosecrans Ave #500, Manhattan Beach, CA 90266

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