Long Beach Estate Litigation Lawyer

Long Beach Estate Litigation Attorney

Most estates go through probate, but only a small percentage of them undergo litigation. This situation only arises when an heir or beneficiary contests a will or trust. If you intend on contesting an estate planning document, filing a beneficiary claim, or holding an executor responsible for a breach of fiduciary duty, it’s important to have a Long Beach estate litigation lawyer on your side.

Trust Meinzer Law Firm, PC

Meinzer Law Firm, PC, has been practicing estate law for over two decades. In that time, we’ve litigated countless cases, helping clients achieve favorable results and making sure their loved ones’ wishes are truly followed. Our skilled estate planning lawyer has an extensive understanding of estate litigation laws. Whether you need to contest a will or resolve an estate mismanagement issue, you can trust us to navigate any complex issues that come up during estate administration.

Why Hire an Estate Litigation Lawyer?

Nearly 150,000 Californians pass away each year. Around two-thirds of Americans die intestate, which means another one-third of Americans, and by extension Californians, have wills or trusts in place. Around 70% of property owners plan to leave their real estate to heirs. These statistics indicate that the probate process can be complex. If you’re concerned about the complexities of probate, you may want to hire an estate litigation lawyer to represent your interests.

You need to hire an estate litigation lawyer if you plan to contest a will or anticipate family disputes coming up during the probate process. Executors of estates also rely on estate litigation lawyers when they are accused of breaching their fiduciary duties, and heirs or beneficiaries do the same if they want to hold an executor accountable for estate mismanagement.

Contesting a Will in California

Only a very small percentage of wills in Long Beach, CA, get contested. This situation occurs when one or more of the beneficiaries or heirs question the validity or execution of a will. Only family members and beneficiaries can contest wills in California, and they can only do so if they have a legitimate reason for it. The grounds for contesting a will in Long Beach include:

• Lack of testamentary capacity: If the testator lacked the capacity to understand the decisions laid out in a will, it could be contested.
• Undue influence: No one is allowed to exert improper or coercive influence over testators. If a will was drafted under coercion, it could be considered invalid.
• Fraud or forgery: Sometimes, accusations of fraud or forged signatures come up as a reason for contesting a will.
• Improper execution: If a will was not properly signed and witnessed, it wasn’t properly executed, so it may not be considered valid.

How to Contest a Will or Trust

If you want to contest a will or trust, you’ll need to follow a set of specific legal procedures. These include the following:

1. File a petition: This initiates the will contest by outlining the legal grounds for challenging the will.
2. Discovery: Next, you’ll gather critical evidence, which can include medical records, witness testimony, or relevant documents.
3. Litigation: During the litigation stage, you’ll present your case before a judge at the Los Angeles Superior Court, Long Beach Courthouse.
4. Resolution: The dispute will be resolved through negotiation, settlement, or a court ruling.

A skilled estate litigation lawyer can manage this process on your behalf.

Resolving Breaches of Fiduciary Duty

Executors of wills and trusts have a fiduciary duty to the beneficiaries. They are required to competently manage the estate’s assets and make reasonable efforts not to show favoritism toward one or more of the beneficiaries.

Violations of fiduciary duty come in many forms. The most common problem is a failure to properly manage the estate, leading to a decline in its value. If the executor of an estate misses deadlines, fails to oversee the work of professionals (like professional appraisers), or fails to provide upkeep for real estate held in a trust, those can all be considered violations of fiduciary duty. Estate beneficiaries can hold executors responsible by hiring a Long Beach estate litigation attorney.

FAQs

How Much Does an Estate Litigation Lawyer Cost?

How much an estate litigation lawyer costs depends on the complexity of the case. More complex estate litigation cases require more extensive legal work, so an attorney will charge more for their investment in your case. The cost of hiring an estate litigation lawyer also varies by your geographical location and the experience level of your legal team.

What’s the Difference Between a Probate Lawyer and an Estate Litigation Lawyer?

A probate lawyer navigates the court-supervised probate process, while an estate litigation lawyer resolves complex issues that come up during the probate process. It’s often the case that the same lawyers who handle basic probate cases can also step in to act as estate litigation lawyers should disagreements or legal challenges arise.

Who Can Contest a Will in California?

Heirs and beneficiaries can contest a will in California. Heirs include family members who stand to inherit under state law, even if they aren’t named in the will. They often include spouses, children, parents, and siblings. Beneficiaries include people who were named in current or previous wills who could inherit a portion of the estate.

How Long Does Estate Litigation Last in California?

In California, estate litigation can last anywhere from a few months to several years, depending on the specifics of the case. More complex cases typically take longer to resolve, leading to more extensive legal fees. You can learn what to expect by speaking with your estate litigation lawyer. They can estimate the length of your case.

Your Long Beach Estate Litigation Lawyer

Inheritance disputes can be incredibly stressful, but having a skilled estate litigation attorney on your side can mitigate stress and improve the chances of a positive outcome. The team at Meinzer Law Firm, PC, has over two decades of experience with estate law. We can provide aggressive representation in probate court to make sure your loved one’s true final wishes are followed. Contact us to schedule an initial consultation today.