There are a variety of reasons why the California probate court may have to intervene in the settlement of a deceased person’s probate estate or trust the distribution of their assets.
If your inheritance is at risk, or if a dispute arises over a decedent’s estate or trust estate, you may need the help of an experienced probate litigation lawyer.
Common Causes for Disputes During Probate
That said, disputes can arise for a variety of reasons including:
Disputes over asset distribution: Beneficiaries or heirs may disagree about how the assets should be distributed or who should receive what portion of the estate’s assets. This often leads to conflicts, especially if the will or trust is ambiguous or if there are concerns of unfair treatment or favoritism of beneficiaries or heirs.
Claims of breach of fiduciary duty: If an executor or administrator of a decedent’s estate fails to properly fulfill their fiduciary duties, then estate beneficiaries or heirs may sue them for alleged mismanagement, fraud, self-dealing, or other fiduciary misconduct
Disputed creditor claims: Creditors may make claims against the estate. Disagreements can arise over the validity or priority of these claims. Beneficiaries, heirs and estate creditors may litigate against a decedent’s or trust estate to protect their interests.
Conservatorship disputes: If there are disagreements over the appointment of a conservator for an incapacitated adult, probate litigation may be initiated to determine who should serve as conservator or to remove a conservator and obtain appointment of a successor.
Benefits of Working with a Probate Litigation Attorney
What is The Difference Between an Estate Planning Attorney and Probate Litigation Attorney?
Experienced probate litigation attorneys differ from estate planning attorneys. Despite the latter’s expertise in the drafting, administration, and termination of estate plans, wills and trusts, they often do not handle probate litigation matters in court.
Contact Us for Personalized Estate Planning in Southern California
We know discussing end-of-life plans can be difficult, but we approach this delicate conversation with respect and dignity. Our estate planning services cover all areas of elder law and probate based on your specific financial & health situation. If you have questions or concerns regarding your estate plan, probate, special needs planning, or elder law, attorney Dennis M. Sandoval and the Sandoval Legacy Group team are ready to assist you.
Southern California’s Premier Estate Planning & Probate Litigation Law Firm
With thirty-plus years of experience as an estate planning law firm in Southern California, you will have the most experienced legal minds to guide you. The trusted estate planning lawyers at the Sandoval Legacy Group, a division of Holstrom Block & Parke, A Professional Law Corporation, have offices located throughout Southern California in Orange, Riverside, San Diego, San Bernardino, and Los Angeles counties. If you have questions or concerns regarding your estate plan, special needs planning, elder law, conservatorships, advanced tax planning, or probate, contact us or give us a call at (888) 502-2881 to schedule a complimentary consultation.