California Probate Litigation

Probate Litigation Lawyer Helping Clients in Oakland, San Francisco and Throughout Northern California

When an individual objects to the validity of a will or trust, or has a claim against an estate, he or she must have qualified legal representation to argue the issues in probate court. There are differing rules, time limits, statutes and procedures regulating wills and trusts. Certain issues will not be obvious to laypersons, or even to lawyers who do not exclusively practice probate litigation.

If you need help with probate litigation, speak with an experienced California probate litigation lawyer at our firm.

Probate Litigation Practice Areas

Our San Francisco probate litigation lawyers specialize in contested wills & trusts under California probate law to protect your rights in probate court.

Undue Influence

Undue influence is when a person exerts pressure on a testator to execute a will or trust for that person’s undeserving benefit. It is also termed elder financial abuse. Isolated and ill individuals are especially susceptible to others seeking to take advantage of their situations for personal gain.

If you can show a testator had a lack of capacity, you may be able to contest the will or trust.

Lack of Capacity

To execute a will or trust, the testator must be of sound mind. Additionally, he or she must be able to understand the nature of the will or trust, the property the testator possesses and the testator’s relationships to family members. If a testator lacked this mental capacity, then an interested party may contest the will or trust to have it declared invalid.

Our law office has experience contesting and defending fiduciary accountings.

Contested Fiduciary Accountings

Executors and trustees who manage will and trust property owe fiduciary duties to beneficiaries. This includes duties to do accountings of investments, expenses, fees, distributions and taxes. Our law office has experience contesting and defending fiduciary accountings.

In California, an omitted spouse is generally entitled to half the community property acquired after marriage.

Spousal Rights

Spouses in California have a vested interest in one-half of the community property acquired after marriage. If a surviving spouse is facing a will or trust that does not leave the spouse at least the minimum share of property to which the surviving spouse is entitled under law, the omitted spouse must object in probate court to enforce marital rights.

An estate planning attorney probably helped to create a living trust; however, a probate litigation attorney deals with issues of validity.

Defective Trusts and Wills

Wills and trusts must follow the requirements of the California Probate Code in order to be valid. Even small mistakes or oversights can have drastic unintentional effects on beneficiaries. Probate courts can address and correct such problems.

A creditor that has a claim against an estate must make the claim in probate court in a timely fashion.

Creditors’ Claims

The decedent’s debts are not extinguished upon the debtor’s death. But, the creditor must seek repayment from the estate. Unless a creditor timely asserts those rights in probate court, the creditor is unlikely to receive payment.

 

 

 

Assert Your Rights to the Estate

Heirs whose inheritance rights are harmed by a will or trust obtained by undue influence, or a faulty will or trust, must raise timely objections in probate court or lose those rights forever. The person who signed a will or trust is the testator. Mistakes or influences upon the testator may then have unforeseen consequences to beneficiaries. Our probate litigation attorney specializes in contested wills and trusts. We provide skilled representation to individuals asserting legal claims to an estate.

Discuss Your Case With a California Probate Litigation Lawyer at Our Firm

Our law firm prides itself in providing unsurpassed personal service and to all of our clients. Charles Triay, the founder of Triay Law Office, has specialized in contested California probate litigation for over 30 years. He has handled many notable cases all over California. In addition to litigation and mediation, he and the law firm associates regularly represent clients who are administering estates and trusts. If you choose to work with our firm to handle your probate litigation, you will be in capable and experienced hands.

Schedule a consultation with an attorney today by calling (510) 463-3165. Our principal office is located in Oakland in the San Francisco Bay area. We handle cases throughout Northern California, including the Counties of San Francisco, Alameda, Contra Costa, San Mateo, Santa Clara, Napa, Sonoma as well as Mendocino.