Effective California Trust & Estate Litigation Attorneys

The loss of a loved one is an emotional time, and those emotions can be heightened when there is a dispute regarding your deceased loved one’s estate. It’s even harder when that dispute has to play out in a courtroom, but sometimes litigation is the most effective, or only, option for resolution. An experienced trust and estate litigation attorney can make the process easier and the result more fair.

Probate and trust administration are intended to honor the wishes of the deceased.

Probate litigation arises when the people left behind can’t agree on what those wishes were, or believe they are not being properly carried out. To make matters worse, the one person who could set the record straight is no longer available to ask, which can make you feel all alone in an unfamiliar and confusing legal process. But you are not alone.

At Fox Law, we concentrate our practice exclusively in litigation connected to trust, estate, and probate law issues. We are seasoned litigators who are at home in the courtroom, and we have deep knowledge of California trusts and estate law. We are committed to helping you get to the truth and protect your loved one’s final wishes not just for their sake, but for the sake of your family relationships and peace of mind. Contact Fox Law to schedule a consultation to discuss your concerns.

Understanding California Probate Litigation

Probate is the legal process of settling a person’s estate after their death. That process includes safeguarding assets, paying taxes and legitimate debts of the estate, and distributing the remainder according to the estate plan, or California law if there is no will or trust.

When disputes arise in the process, litigation may become necessary to resolve them so that probate can move forward. Those disputes can arise in a variety of ways, including:

• Concerns that the deceased was not of sound mind when they made their will or trust
• Allegations that a beneficiary of the estate exerted undue influence to get the deceased to include them in the estate or increase their share
• Disagreement about whether a creditor’s claim against the estate is legitimate
• Claims that the personal representative of the estate is not carrying out their duties or is acting unethically

Whatever the circumstances, it is important to get clarity both to honor your loved one’s true wishes and for your own peace of mind. Fox Law pursues the truth with tenacity, and supports the people seeking it with the compassion they deserve.

Common Trust and Estate Litigation Issues

Estate issues aren’t just about assets; they’re about relationships and family dynamics, which can make them especially difficult to resolve without outside help that offers both objectivity and sensitivity. Here are some of the issues Fox Law commonly encounters.

Undue Influence

Undue influence occurs when one person exerts such influence over another that they no longer act according to their own will, but that of the person influencing them. An example in the estate planning context might be a paid caretaker who influences an elderly person to disinherit their children in favor of the caretaker.

A will, trust, or other estate document created because of undue influence is not legally valid. The person alleging undue influence carries the burden of proof, but there are strategies to shift that burden of proof. These cases are challenging, but not impossible, to prove. An experienced trust and estate litigation attorney is invaluable in gathering the necessary evidence to show undue influence.

Will Contests

The validity of a will may be contested for a variety of reasons. The person making the will (the testator) must be of sound mind and understand what they are doing in making the will; this is referred to as “testamentary capacity.” A will is also invalid if it was not executed and witnessed according to California law, or if the testator was tricked into making the will (fraud) or made the will under duress. A will may also appear valid on its face, but may have been revoked by the creation of a more recent will. A will that has been forged is, of course, also invalid.

If you suspect that a will is not valid for some reason, you can begin the process of contesting it by filing an objection in the probate court. In most cases, the burden of proving the invalidity of a will falls to the person contesting the will. Some wills contain “no contest” clauses that make a challenge even more difficult. Your lawyer will help you gather the necessary evidence to support your claim, whether you are contesting a will or asking that it be upheld.

Trust Disputes

Many of the same grounds for contesting a will also apply to trusts. The creation or amendment of a trust can be challenged on the grounds of undue influence, lack of capacity, fraud, mistake, forgery, or duress. If a trust contest is successful, the court may order that the trust be modified or even terminated. Challenging a trust is appropriate if there is a problem with the trust itself; if the issue is the conduct of the trustee, such as breach of fiduciary duty, that requires a different type of legal action.

Regardless of the grounds for litigation, or what side of the dispute you are on, an experienced trust and estate litigation attorney can help you understand how the law applies, ensure that strict deadlines and other procedural rules are met, and gather the evidence needed to support your position.