Santa Ana Estate Litigation Lawyer
When someone has passed away, their estate must be settled. In an ideal world, this process would go smoothly, with the deceased person’s estate planning documents controlling how assets are distributed. The estate would move swiftly through probate, or the deceased would have taken steps to avoid probate entirely.
Unfortunately, in the real world, things can often go wrong, and conflict can arise when an estate is being settled. In these situations, the rights of heirs and the deceased person’s right to leave a legacy are on the line.
You need the right legal advocate in these high-stakes situations, and you will find that advocate at Albertson & Davidson, LLP. Our firm has decades of experience representing clients in estate litigation. Our probate attorneys in Santa Ana are comfortable in the courtroom, are skilled negotiators, and have helped our clients protect hundreds of millions in assets.
To learn more about how our firm can help, call us at (858) 209-2309 or contact us online today to schedule a free consultation with a Santa Ana estate litigation lawyer.
Types of Estate Litigation
Estate litigation can arise for many different reasons. Some of the most common types of estate litigation include:
- Will contests: These occur when a last will and testament is challenged
- Trust disputes: These involve conflict over whether a trust is enforceable and what instructions the trust provides.
- Breach of fiduciary duty: This occurs when there is a conflict over whether the executor, personal representative, or trustee fulfilled their obligations to act in the best interests of the estate, and the heirs or beneficiaries.
- Fraud or theft: If someone is accused of stealing estate assets, forging documents, or hiding assets, estate litigation could arise to determine if wrongful actions occurred.
- Creditor claims: Creditors may try to collect unpaid debts from the estate. Conflict can arise over whether a debt is valid, what estate assets can be used to satisfy it, and how much is owed.
These are some of the many conflicts that can end up in court when something goes wrong. Our Santa Ana trust litigation lawyers have extensive experience with all of these types of conflicts, and can provide you with aggressive representation aimed at maximizing the chances of your preferred outcomes.
Contesting a Will
Contesting a will means challenging whether a last will and testament should be treated as legally valid and probated. You will need to have grounds for contesting the will. Some of the potential grounds include:
- Lack of testamentary capacity: This involves allegations that the deceased lacked capacity to make the will.
- Undue influence: This involves claims that the deceased was unduly influenced into making the will.
- Fraudulent document: This suggests that the will was not a legitimate document.
- Improper execution: This asserts that the will was not properly signed or witnessed in accordance with the law.
You must have standing to contest a will. That means having a stake in the outcome, such as being an heir or potential beneficiary.
Albertson & Davidson, LLP will help you determine if you are likely to be able to successfully contest a will and can fight for your preferred outcome by gathering evidence and making solid arguments on your behalf. We understand California law and will work hard to maximize the chances the law works in your favor.
Contact a Santa Ana Estate Litigation Lawyer Today
When you are involved in a conflict related to an estate, you need to get help and support from an experienced legal professional.
A Santa Ana estate litigation lawyer at Albertson & Davidson, LLP can help, so give us a call at (858) 209-2309 or contact us online today to schedule a consultation and learn more.