Santa Ana Probate Litigation Lawyer
Probate is the process by which an estate is settled after a death. It can be complicated, expensive, and time-consuming. However, it’s important to ensure that the deceased person (the decedent) leaves their desired legacy and that beneficiaries and heirs receive the money and property that were meant for them.
While it’s possible for someone to take steps to pass assets outside of probate and spare their family this process with careful estate planning, most people’s estates are probated after death.
This means surviving family members and the personal representative or executor in charge of managing the estate must understand what to expect and must ensure they fulfill their obligations and protect their rights during the process.
Albertson & Davidson, LLP is the place to turn when you need help during probate litigation. Our firm includes Santa Ana estate litigation lawyers with decades of experience who have helped clients to protect hundreds of millions of dollars in assets left behind after a death.
To find out more about how we can put our extensive legal knowledge to work on your case, give us a call or contact us online or call to schedule a consultation with a Santa Ana probate litigation lawyer you can trust.
What Is Probate Litigation?
Unfortunately, things sometimes go wrong during probate proceedings. This can lead to probate litigation, which is the formal legal process by which conflicts are resolved in court. Probate litigation is not necessary in estates where everything goes smoothly, but when it is required, the stakes are very high.
It’s important that anyone involved in probate litigation has an attorney who they can trust, and who has the right knowledge, skill, and experience to help them effectively advocate for their interests and make the legal system work for them.
Types of Probate Litigation
Probate litigation can arise for many different reasons. Here are some of the most common types of probate litigation that you may become involved in:
Will Contests
Litigation can arise over whether a last will and testament should be treated as legally valid or whether it should not be probated because of a problem, such as the decedent being unduly influenced or lacking testamentary capacity when they created it, or the will being replaced by a newer version.
Conflict can also arise over what the terms of a will mean, especially if the language is vague. For example, if someone specifies in their will that they want their granddaughter to inherit antiques and their son to inherit books, then you may have to determine what happens to antique books.
Breach of Fiduciary Duty
The personal representative or executor of an estate has an obligation to act in the best interests of the estate.
A fiduciary duty is the highest duty owed under the law, and if the executor puts their own interests first above the estate, they breach their duty and can be held legally liable. You can pursue a claim for breach of fiduciary duty and seek to get the executor removed and recover any assets they improperly misappropriated or wasted.
Conflicts Over Estate Assets
The personal representative or executor needs to create an Inventory and Appraisal (DE-160) to account for the property within the estate. If there are questions about the accuracy or completeness of the inventory, this could result in an accounting dispute.
Creditor Claims
Creditors may sometimes seek payment from the estate, but these requests can be disputed if the claim is not a valid one.
Disputes Over Asset Ownership
In some cases, conflicts over whether a particular asset is part of the estate must be resolved.
These are just some of the many kinds of probate litigation you could become involved in, and that could result in court proceedings.
When problems arise that must be addressed through litigation, it is important that you have an experienced advocate who can represent your interests and fight for you.
What to Look for in a Santa Ana Probate Litigation Lawyer
Conflicts during probate can be very stressful and very emotional because your loved one’s legacy is on the line.
You may also be counting on your inheritance to help you make ends meet since your loved one has passed, especially if they provided financial support during their lifetime.
You need an advocate you can count on to fight for you, and there are a few key things to look for to find the right trust litigation attorney in Santa Ana. These include:
- Experience with probate litigation. At Albertson & Davidson, we have recovered over $425 million for our clients. We have a deep understanding of the laws governing probate proceedings and estate conflicts in California, and we can put together a strong, compelling claim.
- A reputation for solid litigation skills. While not all attorneys spend much time in court, you need an attorney with the right legal credentials if you become involved in probate litigation. Albertson & Davidson, LLP attorneys are members of the Million Dollar Advocates Forum and have been named among the Top 10 Lawyers by the National Trial Lawyers.
- A long history in probate litigation. Albertson & Davidson, LLP was launched in 2008, and our firm has been fighting for clients during the probate process for decades. We treat every case with the importance it deserves, and we have an in-depth knowledge of local court rules and proceedings that we can bring to your claim.
- We also have a commitment to strong client service, which means we keep you informed and are here to answer questions when you need us. Our ability to connect with clients and provide the services and support they need has helped us to earn many 5-star client reviews.
Contact Albertson & Davidson, LLP Today
Albertson & Davidson, LLP can provide aggressive representation with a focus on supporting you throughout litigation. We will work hard to protect estate assets, resolve disputes as quickly as possible, and advocate for your interests to protect your inheritance.
To find out more about how we can help you, give us a call at (858) 209-2309 or contact us online today to schedule your consultation with a Santa Ana probate litigation lawyer to learn more.