South Bay Estate Litigation Lawyer

Experienced South Bay Estate Litigation Attorney

Conflict may arise over an estate or trust when beneficiaries feel assets are being mismanaged, family members disagree about the meaning of estate documents, or someone owns property they shouldn’t. A South Bay estate litigation lawyer can help you understand your rights and available legal remedies.

While a South Bay estate planning lawyer focuses largely on preparing for future events, estate litigation addresses disputes that have already developed or require court intervention.

About Meinzer Law Firm, PC

Meinzer Law Firm, PC has been serving California families with estate planning, estate administration, and elder law guidance for 20 years. Attorney Andrew M. Meinzer has helped hundreds of families from our Torrance office with trusts, probate matters, conservatorships, and estate litigation.

Attorney Meinzer is a Veteran of the United States Navy, where he served on active duty and was selected to serve in the White House Communications Agency. We take pride in providing personal attention to our clients while assisting them in navigating the complex legal and financial issues involving a family estate.

Understanding Estate Litigation

Estate litigation involves a dispute concerning a deceased person’s estate, trust, beneficiaries, or fiduciaries. Rather than routine estate administration, estate litigation concerns arise during or require judicial intervention. Typical estate litigation cases involve challenges to: 

• Wills and trusts and their validity or interpretation
• Trustee or executor misconduct
• Ownership of property in an estate or trust
• Transfers of estate or trust property
• Undue influence or capacity
• Removal of trustee
• Demands for information/trust accountings

Trials are not always necessary to resolve a dispute. In some situations, conflicts can be settled through negotiation or mediation. Others require a court to determine the rights of the parties.

California Estate Litigation Laws

Trustees are fiduciaries that have legal responsibilities to beneficiaries when managing trust property. Beneficiaries have rights if they believe a trustee violated their duties.

California Probate Code § 15642, for example, allows for removal of a trustee under certain circumstances. Reasons for removal include breaching trust, demanding excessive compensation, failure to act, trustee hostility/cooperation that harms the trust, and inability to perform trustee duties. A trustee’s powers may also be temporarily restricted if allowing them to act would risk loss or depreciation to trust property or a beneficiary’s interest.

While disagreements can lead to litigation, beneficiaries should understand these estate litigation laws. A simple disagreement is not usually enough reason to remove a trustee. Generally, the circumstances must fit within a statutory reason for court intervention.

Disputes Over Trust and Property

Trust and estate disputes may also arise if there is disagreement about whether property should be part of a trust or estate.

California Probate Code § 850 addresses claims to personal property.  Under certain conditions, a judge might direct whoever possesses the property to hand it over to the person legally entitled to it.

Real estate is often a subject of litigation, but any property held by an estate or trust may be disputed. This includes bank accounts, financial accounts, intellectual property, and personal property. In the South Bay, real estate disputes can have major consequences depending on the property values in cities like Manhattan Beach, Redondo Beach, Torrance, and Palos Verdes Estates.

How Common Are Probate Disputes

California residents may be surprised to learn how often estate-related cases involve litigation. Judicial Council of California statistics show the number of probate filings each year.

The Judicial Council of California’s latest Court Statistics Report shows there were 60,286 probate filings in California Superior Courts during the 2022-23 fiscal year. Of those filings, probate petitions filed in Los Angeles County accounted for 18,111 of total statewide filings. During that same period, there were 5,217 Conservatorship / Guardianship filings in Los Angeles County.

Probate matters are typically filed with the Probate Division of the Superior Court of California for Los Angeles County at the Stanley Mosk Courthouse located at 111 North Hill Street, Los Angeles, CA 90012.

Hire an Estate Litigation Lawyer Today

Individuals often hire an estate litigation lawyer after being served with a petition they plan to contest or when they learn of suspicious transactions. Estate litigation attorneys can also be hired if someone believes you have breached your fiduciary duties or you have concerns about estate assets. If a law or court rule provides a deadline to file an objection or response, reviewing the matter early can be critical. A South Bay estate litigation attorney can help.

FAQs

Can a Beneficiary File a Claim Against the Executor of the Estate?

A beneficiary can ask a court to review a personal representative’s actions if there is reason to believe he or she has breached duties owed to the estate. Examples of issues that require judicial intervention include mishandling of estate assets, failure to comply with court orders, or unreasonable delay in administering the estate. The specific remedy available depends on the facts of the case.

Can Someone Contest a Trust After the Person Who Created It Dies?

Yes, someone can contest a trust after the person who created it dies if there is reason to believe the document is invalid. Examples of potential grounds for contest include lack of capacity, undue influence, fraud, or forgery. Should the trustee send out a statutory notice in a timely manner, the person contesting the trust could also be subject to deadlines. Keep in mind that the evidence you have to prove your claim is also an important consideration.

What Evidence Can Be Used in an Estate Dispute?

The evidence used in an estate dispute depends on the specifics of the case. However, common evidence includes medical records, financial documents, email and text message correspondence, prior versions of estate planning documents, real estate deeds, and other information involving the decedent. Each type of evidence should be evaluated by the court based on the claim being made.

What Is Undue Influence in a California Estate Case?

Undue influence is typically characterized by excessive pressure that causes a person to act contrary to their free will. A court would typically consider various factors, such as whether the outcome of the estate is grossly unfair. However, while an inheritance that seems out of proportion may raise questions, it does not automatically prove undue influence.

Schedule Your Consultation With Meinzer Law Firm, PC Today

Meinzer Law Firm, PC can help you in your estate litigation case. Contact us today to learn about your legal options.