Hawthorne Estate Litigation Lawyer

Hawthorne Estate Litigation Attorney

When a person creates an estate plan, they do so with the hopes that it will make the distribution of their assets simple for their loved ones after they pass. Unfortunately, that isn’t always the case. Whether family members dispute who is entitled to what, an administrator breaches their fiduciary duties, or one beneficiary tries to defraud the others, litigation may become necessary. You can turn to a Hawthorne estate litigation lawyer for assistance.

What Is Estate Litigation?

When a dispute arises over a deceased person’s will, trust, or estate, parties often turn to litigation to resolve it. Simply put, estate litigation is the legal process of challenging issues like the terms, validity, or administration of the estate. While a Hawthorne estate planning lawyer can help you create wills and trusts, a litigation attorney can represent you in court if disputes cannot be settled independently.

The legal team at Meinzer Law Firm, PC, can fight for you in estate litigation cases.

Common Estate Disputes

During the execution of wills or the administration of trusts, it is not unusual for disputes to arise. Some of the common reasons beneficiaries or other parties might dispute an estate include:

• Lack of capacity: The person who made the estate plan was not of sound mind at the time of creation.
• Undue influence: Another party manipulated or coerced the testator, resulting in an unfair estate plan.
• Fraud: Signatures are fakes, documents are altered, or someone is tricked into giving up their share of the assets.
• Breach of fiduciary duty: The trustee or executor mismanages assets, self-deals, or fails to act in the beneficiaries’ best interests.
• Spousal rights claims: For marital or communal property, a spouse may file a claim for their share of assets if they are not adequately included in the estate plan.
• Heirship disputes: When wills are unclear, or an heir is omitted, litigation may be necessary.
• Improper execution: California has strict laws for signing and witnessing estate plans, and violations may lead to litigation.

An experienced Hawthorne estate litigation attorney can represent you in the Los Angeles County Superior Court if you need to challenge a will or trust. Our team knows the local court system’s procedures and judges, which helps us fight for what you’re entitled to.

How an Estate Litigation Attorney Can Help

While there is no legal requirement to work with an estate disputes attorney, it may be a wise idea to hire one. These cases can be complicated and often require extensive knowledge and research to be successful. Attorneys know what evidence the court needs to see to rule in your favor, and they know how to find it.

Additionally, estate litigation laws are not always easy to understand. Making a mistake or overlooking even a small detail can make or break your case. You can trust an experienced estate disputes attorney to guide you through the process and fight for what you deserve in Hawthorne.

About Meinzer Law Firm, PC

With over two decades of experience in planning and litigating estates, Meinzer Law Firm, PC, gives clients the care and attention they deserve. We know how stressful and emotionally draining these matters can be, and that’s why we approach each case with compassion and dedication. Given that only 32% of adults have an estate plan, we understand how important it is to have a will or trust in place. From the initial estate plan through the litigation of its terms, we can be your trusted partners.

FAQs

How Long Do You Have to File a Claim Against an Estate in California?

How long you have to file a claim against an estate depends on the type of case you have and whether probate has been opened. If the case is in probate, creditors have four months to file a claim. If their claim is rejected, they have 90 days to file an appeal. There may be additional deadlines to be aware of. It is wise to consult a Hawthorne estate litigation attorney.

What Is the Difference Between Probate and Litigation?

The difference between probate and litigation comes down to their purpose and scope. Probate is a standard process that estates go through to verify the will, pay debts, and distribute assets following a person’s death. Litigation, in relation to an estate, is the legal process of challenging parts of the probate process, such as the validity of the will, the actions of an executor, or claims against the estate.

Can You File a Claim Against an Estate in California?

Yes, you can file a claim against an estate, but there are specific rules and requirements you must follow. First, you must have genuine legal standing to file a claim. You can file for breach of contract, unpaid debts, personal injuries, asset disputes, and fraud. Know that there are deadlines to take action, and you typically start by filing a claim with the probate court.

Can You File a Claim for Breach of Fiduciary Duty of an Estate?

Yes, you can file a claim against an executor or administrator of an estate for breach of fiduciary duty. This essentially means they failed to act in the best interests of the estate’s beneficiaries. Common reasons to file a claim for breach of fiduciary duty include self-dealing, misappropriation, failure to act, and favoritism. Speak to an estate disputes attorney if you believe the executor or administrator has breached their fiduciary duty.

Hire an Estate Litigation Lawyer From Meinzer Law Firm, PC

The last thing you want to worry about after a loved one passes away is having to fight for assets that are rightfully yours. However, litigation is sometimes the only option to receive what you are entitled to. Hire an estate litigation lawyer from Meinzer Law Firm, PC, to represent you while you concentrate on grieving and caring for your family. Contact us today to discuss your case with our legal team and learn how we can help.