Carson Estate Litigation Lawyer

Carson Estate Litigation Attorney

Ideally, wills and trusts are supposed to make asset distribution easier for grieving loved ones, but that’s not always how things play out. Beneficiaries may disagree or attempt to defraud one another, trustees may breach their fiduciary duties, and creditors may seek to recover debts owed to them. There are many disputes that can arise during estate administration, and litigation may be the only way to resolve them. Turn to a Carson estate litigation lawyer for help.

Why Hire an Estate Litigation Attorney

When you need to create a will or trust, turn to a Carson estate planning lawyer. However, when it comes time to ensure you receive the assets you’re entitled to, you want a litigation lawyer by your side. Estate litigation laws can be complicated, and making mistakes can be costly. An experienced attorney knows which evidence to collect and how to present a winning argument in court.

What Is Estate Litigation?

Estate litigation is the formal legal process for resolving disputes that arise over a deceased person’s assets, will, or trust. While probate and trust administration are the processes for distributing assets, litigation is the process for challenging how those assets get distributed. Some common issues that lead to litigation include:

• Breach of fiduciary duty
• Fraud
• Creditors claims
• Lack of capacity
• Undue influence
• Spousal rights claims
• Improper execution

If you believe you have valid grounds for a dispute, Meinzer Law Firm can help you understand your rights and options and provide compassionate guidance along the way.

When Does Litigation Become Necessary in Estate Cases?

Litigation becomes necessary when disputes arise over a will or trust’s validity, asset distribution, or misconduct by trustees or executors. In some cases, it becomes necessary when no plan exists at all, as only 33% of adults have a will, and even fewer have a trust.

The Los Angeles County Superior Court had 18,111 probate filings for the fiscal year of 2022 to 2023, and many of these cases require litigation at some point. Ideally, parties can resolve their issues through mediation or arbitration. However, should these alternative dispute resolution methods fail, litigation becomes necessary.

Types of Estate Disputes We Handle

At Meinzer Law Firm, we have over twenty years of experience in estate litigation. If you need a Carson estate litigation attorney, know that our team handles all sorts of cases, including:

• Disagreements over asset distribution: Conflicts among beneficiaries regarding who should receive certain assets, often resulting from claims of favoritism or an unclear will or trust
• Mismanagement of the estate plan: Accusations that an executor or administrator has handled the estate improperly, including failing to pay debts, losing assets, or making poor decisions
• Trustee defense: In the event a trustee is facing claims of failing in their fiduciary duties
• Claims of the testator lacking mental capacity to create or alter an estate plan: Beneficiaries questioning the mental ability of the testator to make sound, informed decisions when creating or changing the terms of the estate plan.
• Claims of undue influence: Accusations that another party coerced, threatened, or otherwise manipulated the testator into giving them an unfair advantage during execution

Why Choose Meinzer Law Firm, PC?

When you choose Meinzer Law Firm, you’re partnering with a team with over two decades of experience in estate planning and litigation. Our vision is to provide all of our clients with peace of mind throughout the legal process. As part of our mission, we aim to deliver superior representation and guidance. In California, only 8.3% of attorneys handle estate matters, and you want to partner with an experienced and knowledgeable lawyer.

FAQs

When Can an Executor Be Held Personally Liable?

An executor can be held personally liable when they breach their fiduciary duty. Executors and administrators are required to act in the best interests of the beneficiaries. When they fail to do so, they could be liable. Breaches of fiduciary duty include mismanagement of assets, improper distribution of funds or property, or unreasonable delays in the process. Speak with an estate disputes attorney if you believe the executor breached their fiduciary duty.

Can Beneficiaries File Claims Against Each Other?

Yes, beneficiaries can sometimes file claims against each other, but it is uncommon. You can file a claim against another beneficiary for refusing to return property that is allocated to you, interfering with your ability to receive or use your assets, or defrauding you. The dispute has to extend beyond simply disagreeing with the distribution of assets. It’s wise to consult an attorney to determine whom to pursue litigation against.

How Can I Prove Undue Influence?

Proving undue influence during estate litigation isn’t easy. You must show that the influencer used leverage, such as isolation, threats, or exploitation, to persuade a testator to change their will or trust. To prove this, you can use evidence like medical records, witness statements, and communication records. With strong enough evidence, you’ll shift the burden of proof onto the other party, forcing them to prove they did not influence the testator.

Is It Better to Settle or Litigate in Estate Cases?

Whether it’s better to settle or litigate an estate case ultimately comes down to your goals and what you’re willing to accept. It’s often better to settle, as you’ll save time, money, and stress that accompany a long legal battle. However, if the other party isn’t willing to cooperate or give you what you want, litigation may become necessary to fight for what’s rightfully yours.

Contact Meinzer Law Firm Today

When a loved one dies, most people hope they can go through the will or trust execution process quickly and painlessly. However, that’s not always possible. From claims of undue influence to breaches of fiduciary duty, many issues can arise. If a dispute arises, hire an estate litigation lawyer to help you fight for what’s rightfully yours. Contact Meinzer Law Firm today to discuss your estate litigation case and learn more about how we can help.