With the recent decision of the California Supreme Court in the case involving the Estate of Giraldin, beneficiaries now have even greater rights against trustees.
California will contest matters can interfere with the administration of an estate while eating up valuable time and resources. Unfortunately, these matters must be defended even when the executor feels they are frivolous. If you are faced with the task of defending a will contest in San Diego, consider taking the following steps.
In some circumstances, you may need to be a vested beneficiary in order to bring an action against the trustee of a trust in California. Whether you can bring such an action depends on the facts and circumstances surrounding your matter, the terms of the trust, the nature of your claim, and the laws of the state of California.
Whether you should pursue legal action against an executor vs. a trustee in California depends on many factors. Trust and estate litigation in California is a complex area of the law and requires the guidance of an experienced legal professional.
Understanding what the right step is when you suspect trustee wrongdoing requires the guidance of an experienced San Diego probate court attorney. Trust litigation often can take several months, even years. When you are concerned that trust assets are being abused, it is therefore vital that you act quickly.
Unfortunately for the rightful beneficiaries of an estate, even a frivolous will contest in San Diego will cost money to defend. Contact our office to schedule a case evaluation today.
In situations where co-trustees of a trust are unable to get along during the trust administration process, the San Diego probate court can intervene and remove one or both of the trustees. Contact our office today for a free consultation.
A will does not need to be notarized in California in order to be valid. If it is notarized, the notarization is not a valid substitute for a witness.