Probate Litigation

Probate Litigation Topics

 

Sometimes when a loved one passes away they either have not created an estate plan, or someone in charge is not following the estate plan they set out. This can be very stressful, and heirs then often do not get the full inheritance to which they were entitled. Often there are problems after a family member’s death, either through miscommunication or an intentionally not sharing information with the beneficiaries.

If you feel like you are not receiving all of your inheritance, you need to act. There are statutes of limitations for filing a claim in court. There is often a need to get some representation if there are things happening that you know are not true to the will or estate plan, or if you are not getting any information. If you are not getting notices about the probate hearings, or if you suspect that things are happening that should not be happening.

Some beneficiaries can be irrational, unreasonable, and demanding. The person in charge of administrating the will or probate can be asked to do the impossible and then faulted when it doesn’t happen. If you are nominated to be the executor or the administrator of an estate then you need assistance, to make sure you do everything correctly, the first time, in a timely fashion. Having an attorney helping you get things done correctly can save you much headaches and families a lot of heartaches. Having clear understanding of what is supposed to happen and how long things will take makes the burden of being the executor or administrator much lighter!

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 you do not have the luxury of waiting.

If you suspect that a will was forged, falsified, altered, created under duress, or the result of lack of mental capacity or undue influence, then you need to act now. Talk with an attorney today and find out what you need to do to object before it is too late.

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

If you find yourself in one of these situations, contact the Grossman Law Firm, APC today at (951) 523-8307 or (888) 443-6590. We represent sons, daughters and all beneficiaries who haven’t gotten their share in will contests and trust litigation in California. We also represent executors, administrators, trustees, and co-trustees who want to do their jobs right.

  • Winning The Inheritance Battle – Is a book written by Probate and Trust Litigation Attorney Scott Grossman to help sons and daughters find out how to get their rightful inheritance from their parents’ wills and trusts. Executors, administrators, and trustees can benefit by learning how to protect themselves against disgruntled beneficiaries. This free book is just one of the resources that Attorney Scott Grossman has created to help people make the right decisions for their situations.
Scott Grossman

Scott Grossman

Certified Probate Specialist and Trust Litigation Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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