The law for California will contests, probate litigation, and trust litigation is mostly found in the California Probate Code.
Articles about Hiring An Attorney
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?
Disagreements between co-trustees is a fairly common occurrence. Find out more of what you should do if a disagreement should arise between the co-trustees.
If you want to challenge a will or trust or want to remove an executor or trustee then you have two options. You can hire a probate or trust litigator on an hourly basis or on a contingency fee.
Is there a way to pay for probate litigation or trust litigation if I can’t afford to hire my own attorney?
Maybe. Some cases are a good fit for a contingency fee agreement. A contingency fee agreement allows you to hire an attorney without paying anything out of pocket.
I do not have much confidence in the executor of the estate. What should I watch out for under California law?
Under California probate law, the executor of the decedent’s estate has a fiduciary duty requiring him or her to act with integrity, disclose all information to the beneficiaries, act in fairness and with diligence, manage the estate with caution, and deal with all beneficiaries equally.
If you are the beneficiary of a California probate estate and suspect that the executor may be stealing estate property, it is important to act quickly. Waiting too long may make it impossible for you to ever receive the property to which you are entitled.
California has extremely strict rules about when an attorney may call himself a “specialist” in a particular area of law.
How to go about removing an administrator if your spouse passed away, and someone else was appointed administrator of his estate?
If your spouse predeceased you, it is possible that another individual was named administrator of his estate. Fortunately, you may be able to have the administrator removed and yourself appointed instead – if you are of higher priority as determined by the California probate code.