California Probate Litigation Attorney

Helping Clients Honor Their Loved One’s Final Wishes

Things can feel chaotic when you lose a loved one. You are faced with managing your emotions, processing grief, fulfilling your normal obligations, and now you have to worry about probate court. It can feel very overwhelming without the assistance of someone who understands California probate law.

Disputes that arise during the probate process can prolong the already time-consuming process. Assets held by the estate can not be distributed until the disputes are resolved. Resolutions can sometimes leave beneficiaries feeling angry and unheard. Yonano Law Offices, P.C. has experienced probate attorneys who can help you settle disputes and finish settling your loved one’s estate while avoiding future issues that can lead to further delays.

Call 916-894-8790 to speak with a probate litigation attorney about your case.

What is Probate Litigation?

To understand what probate litigation is, it is important to first understand what the probate process is.

A deceased person’s estate must pass through probate before it can be settled, and assets can be distributed to their heirs. During probate, the executor or administrator will gather and inventory the deceased person’s assets and then assess their value. They will also notify creditors of the death so they can claim outstanding debts owed by the deceased. They will pay those debts using assets from the estate, which sometimes means they will need to sell real estate or liquidate other personal belongings to cover those debts. Once the creditors are paid, the executor will distribute the remaining assets to the beneficiaries of the estate.

Probate litigation is the legal process of resolving disputes that arise during any step of the probate process. Disputes court litigation refers to any matter of probate that is under contention by one or more interested parties. Litigation does not always lead to a court trial, as the probate court encourages alternative forms of dispute resolution, including mediation and negotiation between the interested parties.

What are Common Probate Disputes?

When an issue or disagreement occurs during any phase of probate, it can lead to a dispute that halts the progress of administering the deceased person’s estate. Sometimes, these issues can be settled between those who disagree; other times, mediation may be necessary. When parties are unable to come to a civil agreement, litigation may be necessary.

Common probate disputes include:

Will contests – An interested party may challenge the validity of a will due to fraud, undue influence, or the deceased’s lack of mental capacity. A will may be invalid if it was not created according to California law, which requires witnesses to be present at the signing of wills.
Executor misconduct – The executor or administrator of an estate has a fiduciary duty to manage the estate, make decisions that favor the best interests of the heirs, and honor the deceased’s final wishes. Breaching that duty will likely lead to disputes, and beneficiaries may pursue litigation.
Disputes among heirs or beneficiaries – When the family members of the deceased disagree on the distribution of assets, or they believe someone was unintentionally omitted from the will, they may challenge the probate court.
Complex family dynamics – Blended families often have unique legal challenges during estate litigation. Second marriages with children can lead to animosity between the children from the first marriage and the second marriage.
Creditor claims – An important part of settling an estate is paying outstanding debts and estate taxes. These claims can sometimes wipe out entire inheritances, and heirs may wish to challenge their validity.
Conflicting estate documents – If the decedent had multiple wills, used unclear language, or missed vital instructions, heirs may disagree on the decedent’s intent.
Financial elder abuse – Heirs and interested parties may claim that someone manipulated the decedent before their death, modifying their estate plan to benefit them instead of the decedent’s intended heirs.

How Are Probate Disputes Settled?

A probate litigation attorney employs many tactics to help family members and other affected parties reach an agreement and resolve their issues. The goal is to avoid the litigation process when possible, as it can be time-consuming and expensive. When you work with an experienced probate lawyer, they may use the following strategies.

Mediation

Many probate attorneys are trained to act as neutral third parties, someone who can help the disputing parties reach an amicable agreement without the need for court intervention. Mediation saves heirs time, money, and stress.

Court Hearings

A judge hears the arguments and issues a legally binding decision on the contested issues. This is not the same as a trial. Hearings can be used to handle limited issues, such as clarifying parts of the will or approving an executor. It is often shorter and less formal than a full trial.

File Petitions With the Court

Parties have the option to file a formal petition with the probate court. They can request assistance with resolving an issue or even ask the court to remove an executor.

Proceed to Trial

When your probate litigation attorney exhausts all other options, they may pursue litigation. A trial involves presenting evidence, testimony from witnesses, and a judge making an official ruling.

When litigation cases can’t be settled through less formal measures, more drastic solutions become necessary. Probate litigation can quickly become expensive and eat into the estate’s assets.

Who Can Contest a Will?

In California probate court, a will can be contested by any interested party who has a financial or legal stake in the estate. The most common will contests are by the decedent’s heirs, who would inherit a portion of the estate. Beneficiaries named in the current or previous wills also have the ability to contest a will. If a beneficiary was present in a prior will but not the current one, they may contest on the grounds of undue influence.

Creditors with claims against the estate can file a dispute. The estate assets can not be distributed to the beneficiaries of the will until all outstanding debts are settled. California law sets a deadline for creditors to file their claims, 120 days from the date the court appoints a personal representative or estate administrator.

How Can a Probate Litigation Attorney Help?

Going into any legal dispute without legal guidance is a recipe for disaster. If you feel like an aspect of a will is not being properly honored or interpreted, or you suspect undue influence, speaking with an attorney with probate litigation knowledge is vital to forming a solid case.

A Yonano Law Offices, P.C. probate litigation lawyer can help you:

Resolve will disputes
Protect your rights as a beneficiary
Handle executor misconduct
Guide you through the probate litigation process
Settle family disputes using negotiation or mediation

Call 916-894-8790 to schedule your initial consultation with an experienced team of probate litigation attorneys. Let Yonano Law Offices, P.C. lessen the impact of probate disputes on you and your family members and ensure your loved one’s final wishes are being honored.