How to Avoid Estate Litigation in California?

Before embarking on estate planning, many people want to know how to avoid estate litigation in California. While the answer can be complicated, there are some simple ways to lessen the likelihood of litigation over your estate in California.

First is the age-old debate of a trust or a will. While both options have their own unique pros and cons, a will is the most likely to end up in litigation. One of the big selling points of a trust is that it is a stronger option against naysayers seeking to contest it after the grantor has passed away. That’s not to say a trust can’t be contested, but because wills must go through probate, they’re more likely to attract the attention of disputers.

One key reason a trust is recommended for anyone who wants to avoid litigation is that a will is subject to probate and is a court matter, which means it becomes a public record, whereas a trust does not go through probate. Assets held in a trust are distributed privately. Because a will makes the grantor’s estate a matter of public record, there is more exposure to parties who may wish to contest it.

Thus, a will is subject to contest in court, while a trust typically goes under the radar and is, for the most part, harder to challenge. Therefore, if you wish to avoid probate, a more private alternative to a will is a trust. However, California estate litigation laws recognize no-contest clauses in wills, which can deter disputes. This is a clause in a will that states that anyone who contests it will be subject to losing some or all of their inheritance.

If your biggest concern regarding estate planning is litigation, a trust is definitely the better choice over a will. However, because a trust is more costly, many people have no choice but to make a will.

How to Avoid Probate Without a Trust

Avoiding probate is an ideal way to avoid litigation, but not everyone has the means to set up and maintain a trust. Many people choose to hire an estate litigation lawyer because they can be a valuable resource for finding creative solutions to avoid litigation without a trust.

For example, assets that have co-ownership are not subject to probate laws. Having a co-owner on the deed to your house or the title to your vehicle can eliminate any questions about ownership after your passing. Sole ownership of the asset is simply transferred to the other person named on the deed or title.

The same is true for financial accounts. Having a joint bank account allows for the automatic transfer of the account into the name of the joint account holder. Most financial accounts also allow account holders to name another person to whom the account will transfer upon death. The benefit of the ‘transfer upon death’ option is that it does not require the account holder to share ownership of the account while they are still alive.

If you have life insurance policies, retirement accounts, or similar types of accounts, naming a beneficiary for these policies will also avoid probate for these assets. Upon your passing, policy awards and dividends are transferred straight to the beneficiary. Seeking the advice of a qualified California estate litigation attorney can help you ensure other assets stay out of probate as well.

Hire an Estate Litigation Lawyer

One of the most effective ways to avoid litigation over your estate after your passing is to employ the efforts of a California estate litigation attorney. A qualified estate litigation attorney has a comprehensive understanding of California’s state litigation laws. Just as they can effectively represent estate litigation cases, they can advise you on how to avoid estate litigation, whether it is your estate or the estate of your loved one.

Why Choose Us?

Meinzer Law Firm, PC, is dedicated to providing solutions to the legal needs of California residents. Avoiding estate litigation is one of our focuses. We’ve not only helped countless clients avoid estate litigation but also resolved their cases favorably. We can help you obtain a favorable resolution for your legal matter as well.

Estate litigation typically takes place in the county where the deceased person resided and is overseen by the Superior Court of California. For instance, matters involving the estates of residents of Los Angeles County are handled by the Los Angeles County Superior Court.

FAQs

How Can Litigation Be Avoided?

One of the most effective ways to avoid estate litigation is to hire an estate litigation lawyer to ensure your wishes for your assets are secured by legally sound documents. Parties contesting enforceable documents that leave no room for question or interpretation can be quickly shut down in probate court.

How Do You Protect Your Assets From Legal Claims in California?

In California, certain assets are automatically protected in legal claims. These include insurance policies with a named beneficiary, 401(k) s and IRAs, limited home equity, and Social Security benefits. To protect other assets, placing them in a trust can keep them from being subject to claims in California and also provide long-term protection for your loved ones.

How Do You Avoid Probate Court in California?

Probate can be avoided in California by putting assets into a trust rather than having a will. If an estate is worth less than the state-regulated maximum of $107,900, it may be eligible for a small estate summary. Other ways to avoid probate include adding a joint owner to accounts and property. Upon the death of one joint owner, ownership automatically transfers to the surviving joint owner, thereby avoiding probate.

What Is Inheritance Hijacking?

Inheritance hijacking occurs when someone fraudulently takes the inheritance of someone else using manipulation or other sneaky behaviors. For example, persuading someone to change their will, re-routing funds, forging documents, or abusing a power of attorney. It is a crime and is punishable by law. Hire an estate litigation lawyer if you believe you have been the victim of inheritance hijacking.

Connect With an Experienced Estate Litigation Attorney

Meinzer Law Firm, PC, was built over the last 20 years on a foundation that upholds the highest of legal standards. Contact our office to schedule a consultation and learn how we can work together to avoid estate litigation.