Disputing a Family Trust
Probate litigation (for example contesting a will, family estate, or inheritance) in California can be a complex and confusing process, so it’s important to have an experienced attorney on your side.
There are a few things you should know, as it relates to probate litigation.
First, probate is the legal process of proving a will’s validity. This can be done in court or through an informal probate proceeding.
Second, probate litigation generally involves the process of challenging a will or estate in court. This can be done for a variety of reasons, including if you believe the will is invalid or if you think the estate is being mismanaged.
Third, probate can be expensive and time-consuming. The executor of the estate is responsible for paying all probate fees, which can include attorney’s fees, court costs, and funeral expenses. The probate process can also take months or even years to complete.
Fourth, probate is public. This means that anyone can access probate records, including the deceased person’s financial information.
Last, probate is not always necessary. If the deceased person left a small estate or if all of their assets were transferred to a trust or beneficiary before they died, probate may not be required.
The attorneys at MSD Lawyers can help you navigate these issues in the most cost-efficient and timely way.
DO YOU HAVE ANY QUESTIONS?
Frequently Asked Questions
What is probate litigation?
Probate litigation involves disputes over wills, trusts, and estates. Common cases include will contests, trust disputes, claims of undue influence, breach of fiduciary duty by executors, and disputes among beneficiaries over asset distribution.
How do I contest a will or trust in California?
To contest a will or trust, you must have legal standing (typically an heir or beneficiary) and valid grounds such as lack of capacity, undue influence, fraud, or improper execution. California has strict deadlines for filing contests.
What are grounds to contest a trust in California?
Grounds include lack of mental capacity, undue influence by a caretaker or family member, fraud or forgery, failure to follow legal formalities, and amendments made when the trustor couldn’t understand their decisions.
How long does probate litigation take in California?
Simple probate cases take 9-18 months, while contested matters can extend 2-4 years or longer. Factors include estate complexity, number of disputes, and court scheduling. Mediation can sometimes accelerate resolution.
