The law for California will contests, probate litigation, and trust litigation is mostly found in the California Probate Code.
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Generally, from a beneficiary’s perspective, the difference between trust litigation and financial elder abuse litigation is when the money or property was wrongfully taken.
Accusing someone of altering or forging documents in a decedent’s Will or Trust is an extremely serious allegation.
If your parent had previously executed a will, and you believe that it has since been changed, it is possible that he or she was the victim of undue influence. You may be able to contest the will in the probate court and have it rendered invalid.
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.
If a disabled person is about to receive a substantial inheritance, these assets can be lost if proper action is not taken. Receiving financial inheritances can result in a disabled person’s disqualification from receiving certain benefits, such as social security or Medi-Cal.
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.
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.
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.
Wondering whether you should pursue litigation when an executor does not distribute property under a California will? View here for more.