When Do I need a California Probate Litigation Attorney?
Our California Probate Litigation Lawyer Explains The Benefits Of Legal Representation
Often when individuals are questioning their need for a probate litigation attorney, they may be anticipating their involvement or are currently dealing with contested probate matters. Contested probate matters require the judgment or other actions from the probate court to fix and resolve disputes. Contested probate matters are sometimes referred to as probate litigation. Not every will or estate may need the support of legal counsel. However, lawsuits that occur because of estate distribution issues and other circumstances may benefit from gaining an experienced probate litigation attorney.
Since 1978, the Triay Law Office has helped clients prepare for lawsuits over estate issues. Additionally, we uphold their rights in probate court concerning a number of complex probate issues. Recognized as one of the leading probate litigators in California, Charles Triay, offers individuals dealing with probate litigation cost-effective probate litigation attorney fees and efficient legal representation.
Types of Legal Issues California Probate Litigation Attorneys Handle
Routine probate issues after the death of a loved one may not require the assistance of a probate litigator unless there are contested issues. Routine probate issues may include appointing executors or admitting a will to probate. There are also scenarios in which there is no need to pursue probate. However, our law firm commonly finds that the following probate litigation practice areas are the issues in which it is in your best interest to retain a lawyer who will aggressively work on your behalf:
- Undue influence
- Lack of capacity
- Contested accountings
- Defective trusts and wills
- Tortious interference with expectation of inheritance
- And all contested issues that result in a lawsuit
Above all, a probate litigation attorney upholds your rights in legal actions as well as the final wishes of a testator. A testator is the individual who created the will. There is never a bad time to learn more about your rights. This is true regardless of where you are in the probate proceedings. Additionally, you can learn how an attorney who specializes in working with trustees, estate administrators and all other individuals in probate litigation may offer the right legal representation for you.
Triay Law Office Assists Californians Dealing with California Probate Law Matters
You may need an experienced California probate litigation attorney when having a strong advocate on your side of the courtroom. It can then make the difference between a successful lawsuit or a denial of claim. Having this representation can also speed up the legal process and prevent you from making costly errors. Our law firm solely works on probate litigation.
We have the knowledge and time to commit to serving your legal needs. To learn more about how the Triay Law Office may be able to help in your will, estate or trust issues, contact our probate litigation attorneys today. We assist clients throughout the Bay Area, including in Oakland, Berkeley, Fremont, Peidmont, Alameda and more.
Probate is the legal process of administering a deceased person’s last will and testament or according to intestate law. Certain trusts only go into effect upon the death of the testator, and may therefore be part of a probate administration. California probate courts oversee probate administration and probate litigation.
There are several different reasons for contesting a will. For example, claims of undue influence and lack of capacity are common causes for probate litigation. Some individuals may argue that the will is defective, or that the estate trustee is breaching a fiduciary duty. If you are an omitted spouse or if your spouse leaves you less than required by California law, you may have a claim against the estate as part of your spousal rights.
A fiduciary duty is the obligation to act honestly, fairly and in good faith when handling the deceased person’s estate. There are multiple fiduciary duties that executors, administrators and trustees are legally required to follow, including keeping proper accountings of all investments, as well as money going in and out of the trust or estate. Violation of this duty or poor performance in administrating the estate may result in legal action by the estate’s beneficiaries.
Just as in all types of civil litigation, the law allows you to represent yourself in a probate proceeding. However, we strongly advise having a seasoned probate litigation lawyer handle your case to ensure that California probate law upholds your best interests.
Even in death, a person is liable for their debts. For example, creditors may bring claims against a person’s estate after their death to receive payment.
A codicil is a document that makes small changes to the terms of a last will and testament. An individual may use codicils when they want to amend their last wishes without having to create an entirely new will. A codicil will only be legally valid and enforceable if executed in the same manner as a will. Codicils are particularly useful upon remarriage, additional children born, or new property acquired by an estate.
If a person dies without a will, then California intestacy laws will dictate the division of their estates to the heirs at law. These laws will then distribute property and assets depending on the marital status, number of children and surviving relatives of the deceased individual.
About Triay Law Office
Probate litigation attorney Charles Triay has specialized in California probate litigation matters for over 30 years.Read More
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