Call Us Now
Email Us Now
What Are Common Causes of Probate Disputes in El Dorado Hills?
When a property goes through probate in El Dorado Hills, the deceased person’s estate is inventoried and assigned to pay off creditors. The remaining assets are divided among the estate beneficiaries according to the decedent’s (person who died) instructions. This process ensures that all of the decedent’s debts are paid, and their wishes are carried out when leaving an inheritance for their loved ones. The probate process is overseen by an executor, usually named by the deceased person.
Unfortunately, some beneficiaries find that they are not given their rightful inheritance. This could be because the grantor was under duress or the will was forged. Another possible cause for bringing a probate dispute is when the executor or administrator fails to fulfill their duties properly by acting in their own self-interest rather than fulfilling their fiduciary duties of loyalty to the beneficiaries.
If you need to bring litigation for the manner in which your loved one’s estate is administered, please contact a legal expert in handling probate conflicts like those at our law offices. We can help you determine whether litigation is the right course for you and represent you confidently at every step of the process. Call today for your consultation at 916-894-8790.
Contesting a Will or Trust
One of the main causes of probate litigation is when a beneficiary feels that a will, trust, or other estate document was created illegally. Some examples of reasons to contest a will or trust include:
· Forgery
· Fraud
· Document created under illegal circumstances
· Grantor not of sound mind
· Grantor being under duress or threat during document creation
Breach of Fiduciary Duty
Another common cause of probate litigation is when an executor, trustee, or another third party breaches their fiduciary duty. Fiduciary duty refers to having the utmost loyalty to the decedent, the beneficiary, and other family members. Estate executors and trustees should never act in their own interests or use estate funds for personal gain. To bring a suit against an administrator who has breached their fiduciary duty, call Yonano Law Offices, P.C. immediately.
How Do I Know if I Need to Contest a Will or Trust?
Deciding whether to contest probate in El Dorado Hills can be intimidating and confusing. Some family members don’t want to stir up fights or make anyone angry by filing a dispute. However, you should get the inheritance you deserve. And if someone’s actions are dishonest, the truth should be brought to light. Our attorneys for estate matters can help you decide whether to contest your loved one’s estate administration.
Answer These Questions Honestly
One way we determine whether litigation is the right course is by asking our client a few questions. You should answer your lawyer’s questions honestly to help them fully understand what is happening during your loved one’s estate administration. Some examples of questions we may ask include:
· Does anyone in the family have a history of irresponsible behavior?
· Was there a period when family members didn’t talk to each other?
· Did fights or contention separate family members from the decedent?
If the answer to any of these is yes, there might not be enough cause for a dispute. Talking to an attorney is the best way to decide whether to continue litigation.
Consult with a Trusted Probate Lawyer in El dorado Hills
Many people have a hard time when their inheritance is not what they expected. This is understandable since they are already going through difficult emotions at the loss of a loved one. Speaking with a probate dispute resolution specialist can help you see the problem objectively and determine whether you have a sound legal case for disputing the probate process.
No-Contest Clauses
Finally, when deciding whether to bring litigation during California probate, you should consider whether the estate documents have a no-contest clause. California Probate Code allows grantors to include a no-contest clause in a will or trust that denies any beneficiary from receiving their inheritance if they contest the document.
However, even if the will or trust has a no-contest clause, you may still file a dispute if there is reasonable cause to suspect the document is invalid. Reach out to our talented team of attorneys immediately to learn how we can help with the litigation process.
What Happens During Probate Litigation?
Who Can File a Dispute
Beneficiaries are usually the individuals who bring a dispute during California probate. This refers to people designated in a will or trust to receive assets from the decedent’s estate. Heirs, or individuals expected to receive an inheritance, may also contest the estate administration process. Executors and estate administrators could also file a dispute if they wish to challenge the validity of the estate documents.
Why Does Probate Litigation Occur
Probate litigation may occur for many reasons, including:
· To dispute the naming of a certain individual as executor
· To contest the actions of the executor or administrator
· To reclaim property that an individual feels should have been theirs
· To remove the individual from the executor position
· To name a new executor or administrator
How to Begin Probate Litigation
If you are considering filing a dispute against the executor, estate administrator, or another party during the probate process, you should begin by hiring experienced litigation attorneys like those at Yonano Law Offices, P.C.
Our team of attorneys has a great deal of experience helping clients like you find favorable solutions to probate disputes. We will attempt to resolve the matter through negotiation, but if litigation is necessary, we will represent you with skill and confidence. Call 916-894-8790 today to schedule your initial consultation.
