El Dorado Hills Probate Litigation Attorney

Helping Clients Resolve Complex Probate Issues

If you are facing probate in California, you are probably mourning the loss of a departed friend or family member. At this trying time, it can be almost unimaginable to consider handling the distribution of your loved one’s personal belongings, much less dealing with disputes and dishonesty during the estate administration process.

When problems arise during California probate, you should not have to go through this challenging process alone. Please consider reaching out to a trusted legal professional for advice on how to proceed with probate litigation.

When you work with an attorney who understands the probate process, probate litigation, and dispute resolution, you can settle disputes before they get out of control. The goal is to avoid costly litigation, which can cause probate to take even longer. When the estate is complex and disputes arise, it can take years to settle the estate. We don’t want that. Working with an attorney during probate administration can stop disputes from arising in the first place because your lawyer will understand the situation and will help your family avoid probate pitfalls. You need time to grieve; let our law firm take the weight off of your shoulders.

Our skilled litigation lawyer has helped clients work through difficulties during California probate for decades. Founding attorney Nicholas D. Yonano understands the nuanced procedures of probate and will work tirelessly to defend you and your family’s rights as you seek justice during probate. Call us right away to get started at 916-894-8790.

When is Probate Litigation Necessary?

Just about every person’s estate must pass through probate after they pass away, with or without a will. A key part of a will is naming an executor to manage your estate after you pass away. If someone dies without a will the probate court will instead assign an administrator to help settle the estate. Estate administration involves gathering the decedent’s assets and assessing their value. The executor will then alert creditors of the decedent’s death, allowing them to claim debts owed by the decedent. Once all debts are paid using the estate’s assets, the remainder can be distributed to the beneficiaries according to the deceased person’s will. If they passed without creating a will, the assets will be distributed according to California intestacy laws.

There are many reasons a dispute may arise, especially if the decedent passed away without a will to outline how they would like their estate managed. If you encounter the following during probate, you should call a probate litigation attorney as soon as possible:

Unexpected changes to a will or trust.
Disputes between heirs over property rights or inheritance disputes.
Evidence of fraud, coercion, or undue influence.
The executor is mismanaging the estate assets or purposefully delaying the distribution of assets.

However, sometimes disputes arise among beneficiaries that can only be settled with legal action. Other times, an executor or trustee is accused of dishonest behavior. If family members cannot agree or the executor has breached their fiduciary duty, it may be necessary to use litigation to find a solution.

What Common Problems Come Up in California Probate?

Probate is never easy to navigate, and many attorneys do their best to set up estate plans that help their clients avoid this process by using estate planning strategies like living trusts, gift-giving strategies, and joint tenancy. However, where the person’s estate outside of a valid trust exceeds a statutory minimum, a probate will likely be necessary.

Some issues that are likely to cause disputes in California probate are:

Who will get guardianship of minor children because the deceased person’s will did not include a guardianship clause, or they died without a will?
How to distribute assets such as real estate among beneficiaries. If the deceased person does not use estate planning strategies, distributing real estate to multiple heirs can be very difficult.
Family members feel neglected by the court-appointed representative. Estate administration requires a fiduciary duty from the representative, meaning they must act in the beneficiaries’ best interests.
The executor is dishonest or mismanaging the estate. The executor should be someone the decedent trusts to handle their final affairs.
Trustees who are accused of breaching their fiduciary duty when administering a trust. Trusts have clear outlines created by the trust maker, and the trustee is expected to honor the conditions of the trust.
Mistakes when accounting for the estate’s finances. Keeping an inventory of an estate’s assets and property is difficult, and this job may be difficult for some people.

How Can You Prove an Executor or Trustee Breached Their Fiduciary Duty?

A fiduciary duty simply means that the executor or trustee must act in the best interests of the beneficiaries of their legal document. When they fail to do so, either through negligence, fraud, or mismanagement, legal action may be necessary to hold them accountable.

What are some signs of a fiduciary breach?

Failure to properly manage the estate assets- If they purposefully delay distribution, misuse the estate’s funds, or fail to upkeep property, they have breached their duty.
Self-dealing- Executors and trustees are not allowed to sell themselves estate assets for personal gain.
Conflict of interest- The executor should not favor any one beneficiary when distributing assets.
Lack of transparency- The executor or trustee is required to provide financial records, address beneficiary concerns, and file the necessary documents during probate. Failure to do so is a breach of their duties.
Improper accounting- If there is evidence of missing funds, inaccurate asset evaluation, or missed payments on estate debts and taxes, you should speak with a probate litigation attorney.

In order to prove a breach, you will need to gather evidence, such as financial records and appraisals. As a beneficiary, you have the right to demand a full financial report from the executor or trustee. Suppose you and your probate attorney are able to uncover wrongdoing. In that case, you can file a petition with the probate court where a judge may remove them from their position or even impose legal penalties. You need a skilled attorney who understands probate litigation and the process of holding executors and trustees accountable. If you are an executor or trustee who needs help with your duties, you can employ a probate attorney to assist you.

What Unique Probate Laws in California Could Impact Your Case?

The California probate process has a few specific laws that you should be aware of if you are going through probate. These laws set legal limitations that can affect beneficiaries, executors, trustees, and creditors.

Statute of Limitations for Contesting a Will or Trust in California

Probate litigation is time-sensitive. Missing deadlines to contest a will or trust can result in your losing the ability to challenge something you think is unfair during the probate process. In California, the statute of limitations for contesting a will is typically 120 days from the date the probate court admits the will. Missing the deadline means missing the opportunity to be heard. You can still bring claims of undue influence or fraud to the court’s attention, even after the 120-day statute of limitations.

Proposition 19 and Inherited Real Estate

In 2020, California passed Proposition 19, which altered how inherited real estate is taxed. Before Prop 19, you could inherit your parent’s home and use it as a secondary home or as income property without needing tax reassessment. Under the new law, heirs who are over 55, disabled, or disaster victims can transfer their property tax assessment to a new home as long as they use it as their primary residence. If the inherited home’s value has increased by more than $1 million since the last tax assessment, a partial reassessment applies and can lead to higher property taxes.

Proposition 19 has made estate planning and probate more complex, and you will need the assistance of a knowledgeable probate attorney to understand the potential tax impacts you may face.

No-Contest Clauses in California

No-contest clauses are designed to discourage beneficiaries from challenging the estate plan, whether that be the will or a trust. These clauses are put in place by the grantor or trust maker during the creation of those legal documents. They can lose their entire inheritance if they contest the will or trust and lose.

California law only enforces no-contest clauses under specific circumstances, most often when a beneficiary contests a will without probable cause to do so. If you are contemplating contesting a will or trust with a no-contest clause, you should speak with a probate litigation attorney to determine if the risk is worth it in order not to risk your inheritance.

Yonano Law Offices, P.C. serves the El Dorado Hills area, but our team will work with any California resident on their probate litigation needs. All you have to do is call 916-894-8790 to schedule your case evaluation.

What is Elder Financial Abuse?

Our elderly loved ones depend on the caring and helpful people around them to help manage their estate planning goals. Unfortunately, it is not uncommon for dishonest people to take advantage of vulnerable adults for their own gain. While there can be warning signs during the vulnerable person’s lifetime, many families do not find out about this deceit until after the person dies. Elder financial abuse can come in many varieties, but the more common types of abuse are:

Undue influence causes the elderly person to alter their will to favor the abuser.
Stealing money and property.
Forging the vulnerable adult’s name on financial and legal documents.
Altering deeds, wills, or power of attorney documents.
Scams, including phone scams, phishing scams, and “romantic partner” scams.

Financial elder abuse is a crime. If you suspect someone of abusing the trust of an elderly loved one or you discover signs of elder abuse during the probate process, call 916-894-8790. Not only can Yonano Law Offices, P.C. help you through the coming probate litigation, but it can also help you seek punitive damages from the abuser.

What Does a Probate Litigation Attorney Do?

If you and your family are facing problems during probate, you should consult with a probate litigation attorney right away. Your attorney can answer critical questions and resolve many concerns without taking legal action. However, suppose they feel there is cause for an investigation. In that case, your lawyer will dedicate their time to discovering the details behind the decedent’s wishes and whether the estate was administered correctly.

Probate litigation attorneys protect beneficiaries rights by:

Ensure fair distribution of assets to heirs.
Prevent fraudulent estate administration.
Defend against wrongful disinheritance.

Probate litigation attorneys can help executors and trustees with:

Legal guidance on fulfilling their fiduciary duties owed to the beneficiaries.
Protect them against personal liability in probate lawsuits.

If litigation is necessary, your lawyer will stand by your side and defend the truth during the proceedings. They will help file the correct petitions promptly so your case isn’t delayed. You can also rely on a probate litigation attorney to find solutions through mediation outside of court whenever possible. Mediation is a valuable legal tool that a probate litigation attorney can use to help family members resolve their disputes without the need for court. Mediation is often faster and cheaper than going to trial, and because it encourages open conversation and compromise, those involved usually feel less angry during the resolution.

Should You Hire Our Probate Litigation Attorney?

Losing a loved one brings many emotions and challenges, and struggling with the probate process shouldn’t be one of them. At this difficult time, you deserve legal counsel and representation you can trust so you can focus on your family’s needs.

If you feel that the probate process is not being handled correctly, or if the beneficiaries of the estate have a dispute that cannot be resolved, please reach out to our law offices right away. Beneficiaries have limited time in California to dispute probate, so you should act immediately, or you may be left without recourse.

Any time you have questions or concerns about the probate process, you can call Yonano Law Offices, P.C. We are here to help whether you are a beneficiary, an executor, or a trustee who wants to ensure the probate process is handled correctly to avoid negative legal repercussions.

Don’t go through this troubling experience alone. Call us today for reliable legal professionals who know the California probate process and can give you the representation you deserve. Call 916-894-8790 to schedule a consultation today!