Will Contests and Trust Litigation

When a loved one passes away, sometimes the heirs do not get the full inheritance which they were meant to have.  Problems frequently arise after a family member’s death, either through miscommunication or an intentional withholding of information from the beneficiaries.  If you feel as though you did not receive your full inheritance, you need to take immediate action.  There are statutes of limitations as to when you can file a claim in court.

Beneficiaries can be irrational, unreasonable, and demanding.  The person in charge of the will or trust can be asked to do the impossible and then faulted when it doesn't happen.  If you are nominated to be the trustee of a trust or the executor of the will then you need assistance, to make sure you do everything correctly, the first time, in a timely fashion.

Contact the Grossman Law Firm, A.P.C. today at (951) 683-3704 or (866) 540-0000.  We represent sons, daughters and all beneficiaries who haven't gotten their share in will contests and trust litigation.  We represent executors, administrators, and trustees who want to do their jobs right. 

According to the California Probate Code, all heirs must receive notice during the probate process.  If you have an objection and do not make it before the first hearing date, you will have a very difficult time trying to recover your full inheritance.  When it comes to will contests and trust litigation, you do not have the luxury of waiting.

Will Contests

By law, wills are supposed to go through probate, and that probate is supervised by the Probate Court.  However, executors and administrators do not always follow the legal steps in probating a will.  When this situation occurs, the beneficiaries are typically the ones who suffer, as their inheritances are not distributed the way the decedent wished.  Some of the common scenarios associated with an executor or administrator who does not properly probate a will include:

• Distributing property outside of probate
• Starting a probate, but failing to complete it
• Coercing the decedent into writing a will that favored him or her

 

Trust Litigation

Trustees have a lot of responsibility, and if they are uncooperative, fail to communicate or engage in theft, it can leave the beneficiaries in a difficult situation.  Sometimes trustees refuse to provide an accounting of the money and property distributed through the trust.  They may have made unwise investments with the money from the trust or may have had the trust re-written to favor them.  Sometimes, trustees just don't give beneficiaries the inheritance to which they are entitled and won't even explain why.  Trusts should be handled correctly under the law and when a trustee fails to appropriately administer the trust, steps should be taken by the beneficiaries to hold the trustee accountable.

The Grossman Law Firm, A.P.C. can help you with matters related to trust litigation and will contests.  If applicable, we can assist you with removing a trustee, executor or administrator or forcing them to reimburse the trust or estate for their mistakes.  We fight for sons and daughters, so that they get their full inheritance from their parents’ wills or trusts.  Our will contest lawyers and trust litigation attorneys have over 19 years of combined experience.  Through our extensive knowledge, we have learned when to fight and when to settle.

Scott Grossman has written several books, including the following:

• Trust and Will Litigation in California – Through this book, sons and daughters will find out how to get their rightful inheritance from their parents’ wills and trusts.  Executors, administrators, and trustees will learn how to protect themselves against disgruntled beneficiaries.

As a client of the Grossman Law Firm, A.P.C., you can feel comfortable in the fact that we will be putting your needs first.  We only handle cases involving the creation, use of and litigation of wills and trust.  Let us utilize our knowledge and background to help you with your will contest or trust litigation case.  Contact  us at (951) 683-3704 or (866) 540-0000 for your free 30 minute telephone consultation.

The Grossman Law Firm, A.P.C. has offices located in Riverside and Temecula, California, for your convenience.  We currently serve clients in Riverside, Temecula, Murrieta, Hemet, Redlands, Chino, Ontario, San Bernardino, Palm Springs, Indio, Palm Desert, Riverside County, San Bernardino County, San Diego, Vista, and San Diego County.

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Blog for Will Contests and Trust Litigation

• Dad's dumb move prevents son from inheriting
• When you don't get your inheritance do something about it NOW!
• The right way to sue a probate estate
• Take a tip from Katherine Jackson, fire your probate attorney if it helps you
• Church battle over will may require probate court to determine testamentary intent in will
• Will contest commentator misunderstands Leona Helmsley estate litigation ruling
• Filing a trust contest takes can't be done by filling out a form
• One of the strangest will contests I have seen
• The house is getting sold during the will contest

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Library for Will Contests and Trust Litigation:

• Estate tax repeal may require surviving spouses to sue their own trusts to get their rightful share   
  Description: Estate tax repeal may require surviving spuoses to sue their own trusts to get their rightful share of their own property
• Trust litigation can't be won because your parent did something dumb   
  Description: Trust litigation can't be won because your parent did something dumb
• Trustee's failure to provide a copy of the trust will cost the trustee   
  Description: A trustee's failure to provide a copy of the trust will cost the trustee
• Contingency fee agreements in California probate litigation and trust litigation cases   
  Description: Contingency fee agreements in California probate litigation and trust litigation cases
• Trust no-contest clause not triggered by challenge to handwritten note   
  Description: A trust's no-contest clause is not triggered by a challenge to handwritten notes on the face of the trust
• Starting a California trust contest   
  Description: Starting a California trust contest
• Removing parent's trust attorney as trustee   
  Description: Removing the trust attorney who drafted the trust from acting as trustee
• California will contestants should not talk to other parties in their case   
  Description: A person who is involved in a California will contest should not talk to other parties in their case
• California will contest or trust contest based on mental incapacity   
  Description: California will contests and trust contests can be based on a number of reasons. This article explains the legal requirement to contest a California will.
• California will contest or trust contest based on undue influence   
  Description: California will contests and trust contests can be based on undue influence. Undue influence is different from mental incompetence.

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Frequent Questions for Will Contests and Trust Litigation:

• Should I inherit my father's property if he held in joint tenancy with his second wife?  There trust says I get all their property when they have both died.
• Who pays when I have to sue a trustee to give me a copy of my parent's trust?

• Is there a way to pay for probate litigation or trust litigation if I can't afford to hire my own attorney?

• How do I pay the cost of probate litigation or trust litigation?

• What form do I fill out to file a trust contest?

• My sister and I are the co-trustees of my parents trust.  I want to sell their home now that they are dead but she doesn't want to sell.  What can I do?

• Where do I find the law for California will contests, probate litigation, and trust litigation?
• I'm not getting what I'm supposed to from my parents' estate. What can I do about it?
• Can I challenge the will or trust in probate court even though there is a no contest clause?

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Case Results for Will Contests and Trust Litigation:

• Contested Will of Alzheimer's Patient

Awarded: $330,000

• Hemet California probate litigation results in client keeping home

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Web Resources for Will Contests and Trust Litigation:

• California published cases

  Description: Website in which you can find all the published cases of the California Courts of Appeal and California Supreme Court

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