We are experienced probate litigation lawyers here to help you navigate the difficulties associated with or caused by probate disputes.

Probate Litigation in Courts

Sometimes parties to a loved one’s trust or will can feel shortchanged by the results or the executor or the trustee, in which case a probate litigation attorney would be needed. For many different reasons, a client could also potentially need a trust litigation attorney. When that happens, they can feel shortchanged by the process and want to understand what their legal rights are. Contacting a probate litigation lawyer is often the first step in this process to understand next steps that they can take.

What Kinds of Issues can Cause Probate Litigation

The legal terminology for types of probate litigation can vary, but they primarily revolve around:

1. Whether or not the executor or trustee is properly administrating the assets and other elements of the estate in a proper fashion;

2. Whether the will or trust documentation is the most current and represents the wishes of the recently deceased family member or loved one.

3.Whether or not the executor or trustee of assets normally held by an estate is acting in a financially prudent and fair way regarding sales and distribution of assets.

Solving these issues may require parties to file for a will contest, appointment of a new administrator, claims over guardianship and even trustee removals depending on the scope of the documentation and concerns of the involved families.

Risk Factors for California Probate Litigation

Experienced litigators understand that life is full of complexity, something that will often be exacerbated during the traumatic experience of someone passing. However, those considering the possibility of trusts and wills and how to best draft them should understand that there are often commonalities that we see when we take on cases. They include:

Blended families and multiple marriages:
Trying to merge two families can be the task of a lifetime and oftentimes, it can become an even larger problem if money and relationships with assets are involved.

Irregular estate plan:
Most people decide to split their assets among their children, spouse and other relatives as equally as possible. In some instances, however, that either is not possible or does not make sense to do so and can cause conflicts during the probate process.

A trustee or executor who is not capable of dealing with complex financial matters including asset sales or administrating poorly-worded documentation.

The easiest way to avoid these issues is to work with an experienced probate litigator in the first place who can draw up and file documents that avoid future problems with beneficiaries. Unfortunately, there are also times where this may not be possible, leading to trust modification or reformation lawsuits and related claims by parties

What to Look for in Probate Litigators Attorneys

In an ideal scenario, probate litigators work so that their clients never see the inside of a courtroom. That can include following procedures that may involve mediation, working with opposing counsel to establish common ground as well as preventing these issues from happening in the first place.

Contact Ai Essentials Today for Help with Probate Litigation Concerns

AI Essentials has the experience in handling all elements of probate, from drafting documents that limit it from happening to mediation and litigation. Our peers rely on our work as well, with one of our partners serving as the editor for continuing education sections of the non-profit program

Contact us today for a consultation about your specific situation so we can provide you an outline of next steps, up to and including probate litigation.