Probate Litigation & Trust Litigation
When a loved one passes away, sometimes the heirs do not get the full inheritance to which they were entitled. 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 for filing a claim in court.
Beneficiaries can be irrational, unreasonable, and demanding. The person in charge of administrating 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.
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.
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.
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
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, APC can help you with matters related to trust litigation and will contests in California. 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. Attorney Scott Grossman and our will contest and trust litigation legal team has over 19 years of combined experience. Through our extensive knowledge, we have learned when to fight and when to settle.
California probate litigation & trust litigation lawyer Scott Grossman has written several books, including:
- 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, APC, 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) 523-8307 or (888) 443-6590 for your free 30 minute telephone consultation.
The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307