Will and Trust Disputes & Estate Litigation

When you find yourself in need of legal assistance associated with will disputes and estate litigation, a knowledgeable attorney can make a significant difference. When a loved one passes away, sometimes heirs may come forward with concerns that they did not receive the full inheritance to which they may have been entitled.

Problems can often arise after a family member's death as a result of intentional withholding of information or miscommunication. In the event that one or more heirs fear that they did not receive their full inheritance, they may take immediate action by filing a claim in the form of will and estate litigation. By law, wills usually go through the probate process. This process is usually supervised by the probate court.

When a Will Needs to Be Contested

In some cases, a beneficiary has reasons to believe that the most recent version of the will being taken through the probate process is not accurate. This can lead to delays, frustration, and emotional implications for family members. 

Family law issues involving will and estate litigation can often be very complex and emotionally charged. Finding a lawyer who understands the perspectives of each person involved in this conflict, and who will work hard to resolve the dispute as effectively as possible, is very important. Sometimes a claim may be alleged against an administrator or an executor who does not appear to have properly probated a will. Some of these actions include:

  • Initiating probate but failing to complete the process
  • Forcing the decedent into writing a will that favored the administrator or the executor
  • Distributing property outside of the probate process

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Guardianship & Conservatorship Disputes

As someone ages, it may become apparent that a guardian is necessary to help a loved one. In this process, however, disputes can and do occur. Legal disputes may happen as a result of disagreement over whether someone should be appointed in this role or who should be appointed in such a role. After someone has already been appointed, it may be discovered that the guardian is not acting in the best interests of an incapacitated adult.

Financial & Power of Attorney Abuse

When someone else has been appointed to help represent the interests of an incapacitated adult, unfortunately, this can sometimes lead to abuse of that adult. If you or other family members suspect that someone is using undue influence or making decisions not in the best interests of the adult, you need to consult with a lawyer as soon as possible. The primary goal of anyone holding a power of attorney should be to act in the adult’s best interests.

Litigation Regarding Trustees

Litigation may also emerge against trustees. If trustees fail to communicate, engage in theft, or are uncooperative, beneficiaries may bring forward a legal claim against them. One of the most important things to do in this situation is to consult with a lawyer who is knowledgeable about the legal system, and the processes and rights to which a beneficiary may be entitled. Trusts, estates, and wills can be very complex when you are not under the guidance of an attorney. 

Failing to get appropriate legal representation could lead to unnecessary delays and frustration in your case. When time is of the essence and getting things right matters, hiring a lawyer who you can trust can significantly benefit your legal case.

If you have concerns about a will or conflict among family members and beneficiaries, it is in your best interest to retain a lawyer who is knowledgeable about these procedures and who can untangle this complex situation in order to resolve the matter effectively.

Fiduciary Litigation Firm in Rancho Cucamonga, CA

There are many different causes of a dispute surrounding estates, wills, and probate. Hiring the right law firm to help handle this situation as soon as possible can make a big difference in the outcome of your case.