Probate is the judicial process whereby a will is “proved” in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at the time of death in the absence of a legal will.
For smaller estates, the California probate code allows for certain procedures that are easier, quicker, and less expensive to administer an estate. Since every estate is unique, contact an experienced San Diego probate attorney who can help you choose the most efficient procedure for your matter.
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.
Under California law, an action for partition is available to co-owners of property who want the court to divide real estate in an equitable manner among the parties. California probate or trust administrations often result in real estate being owned by multiple parties who otherwise would not choose to purchase or own property together.
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.
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