Probate litigation in California occurs when legal fights arise over dividing a person’s belongings and assets after they pass away. When someone dies, their estate goes through a process called probate. This process is where a court ensures assets are distributed according to the decedent’s will or, if there is no will, according to state laws.
Sometimes, people disagree about what the will says, how the executor manages things or who gets what. These disagreements can lead to probate litigation. In California, specific laws and rules help solve these disputes fairly.
Five common reasons for probate disputes
Probate disputes can involve different issues, including ones not covered here. Still, here are five common reasons:
- Undue influence: This happens when party A believes that party B pressured or manipulated the deceased to make certain decisions in their will that unfairly favor party B.
- Lack of capacity: This issue arises if there’s doubt about whether the deceased understood what they did when they made their will or changed it.
- Fraud: This involves dishonest actions that change the division of assets, like forging a will or altering it without permission.
- Breach of fiduciary duty: Executors or trustees must act in the best interests of those inheriting the estate. If they don’t, they could face legal trouble for failing to follow their mandate.
- Ambiguities in the will: Sometimes, the will isn’t clear, leading to arguments over what the deceased intended.
These issues can be complicated and emotionally charged, so having a clear plan is important.
The importance of professional legal guidance
Many estate law attorneys focus on drafting the arrangements or managing the estate administration. Hiring a lawyer with extensive probate litigation experience can benefit clients trying to protect the deceased’s legacy and intent.
A lawyer can guide clients through the legal process, making sure everything follows California law. A litigator can also help effectively negotiate or settle disagreements outside of court or go to probate court when it is necessary to protect a client’s interests.