Los Angeles Estate Litigation Lawyer

Los Angeles Estate Litigation Attorney

An estate litigation case can be filed for various trust, probate, and conservatorship disputes. If you’re the one filing the litigation case or are facing a case being filed against you, working with a knowledgeable Los Angeles estate litigation lawyer is vital to understanding your legal rights and options under California law.

Protect Your Rights and Hire an Estate Litigation Lawyer

Attorney Andrew M. Meinzer of Meinzer Law Firm, PC, has spent the last twenty years helping countless California residents take control of their unique cases by providing competent legal care. Our firm focuses on all facets of estate law, including estate disputes.

We pride ourselves on offering new clients easy-to-understand legal guidance so they can make informed decisions about their case. Choose our skilled team to take on your estate litigation case and protect your rights.

What Is Estate Litigation?

As of 2024, 15% of Los Angeles residents were over the age of 65, with the average age being 37.5 years old. No matter your age, having an estate plan is key to protecting your assets. If an individual passes away without an estate plan or has one that can be disputed, interested parties have the right to contest during the probate process. This can include contesting the:

• Probate process: Probate is an official process that occurs once someone passes away. Their estate typically goes through probate, where an executor will gather the assets, pay off the deceased’s debts and taxes with the assets, and distribute the remaining assets according to the deceased’s will or California intestate succession laws, if there is no will.
• Will: Wills are created to outline how a person wants their assets and property to be handled after they pass away. They can detail who they want the specific property to go to or exclude specific people from receiving assets.
• Trusts: Living trusts are typically created to allow the beneficiaries automatic ownership once the deceased has died. This means that assets placed into the trust don’t need to go through probate. However, the handling of the trust and the person or organization named as a beneficiary may be disputed.

Common Types of Estate Litigation Cases

In 2023, there were 60,286 probate cases filed throughout California. During these filings, it’s common for disputes to arise between family members and the loved ones left behind. If you find yourself in this type of situation, it’s vital to hire an estate litigation lawyer to represent your legal rights.

Common instances of estate litigation may include:

• Contesting a will if you believe your loved one wasn’t of sound mind when creating it
• Believing your loved one was pressured or forced into creating the terms of their will
• Disputing a will that is suspected to be fraudulent
• Believing the trustee of a trust failed to uphold their legal duties
• Not agreeing with the distributions of a trust, such as disagreeing with the beneficiary designation
• Children and spouses claiming a legal right to a portion of the estate, regardless of whether they’re listed in the deceased’s will
• Allegations of conflicts of interests
• Creditors filing invalid claims of debt, leading to interested parties contesting the claim

How a Los Angeles Estate Litigation Attorney Can Benefit You

No matter the type of litigation case you want to file or defend against, working with an attorney is key. The team at Meinzer Law Firm, PC, will be able to listen to the details of your situation and explain your legal rights and options.

Once you agree on your course of action, attorney Andrew M. Meinzer can help you file your case at the Stanley Mosk Courthouse, located at 111 North Hill Street in Los Angeles.

Our team can then work with you to gather evidence relevant to your case. You’ll need to provide as much proof as possible to show the judge your side of the story. Our firm can then represent you during official legal proceedings and advocate on your behalf.

FAQs

Who Can File an Estate Litigation Claim in California?

Anyone with a legal interest in the estate can file an estate litigation claim in California. This often involves the family members and loved ones of the deceased. However, it can also apply to beneficiaries of specific assets, the executor of the estate, and debt collection companies. No matter your role in the estate, working alongside a skilled lawyer is key to adding an extra layer of legal protection.

Can a Will Be Contested After Probate Starts?

Yes, a will can be contested after probate officially starts. Once the court has approved the will, interested parties typically have 120 days to contest it. To contest the will, you’ll have to file a petition with the court explaining why you believe the will is legally invalid. After you file, the court will notify the executor and beneficiaries of the estate within 30 days. If the court finds that the will is indeed invalid, it will cancel probate.

What Evidence Do You Need to Contest a Will?

The evidence needed to contest a will depends on why you believe the will is invalid. If you believe your loved one wasn’t of sound mind when writing the will, you can offer the court medical records, testimony from healthcare workers, or a cognitive diagnosis.

Proving coercion or manipulation may require testimony from loved ones, financial records, and major last-minute changes to the will. An attorney can help explain what type of proof you’ll need for your estate litigation case.

Can an Executor Be Removed for Misconduct?

An executor can be removed from the probate case for misconduct if you can prove it to the court. Misconduct can include failing to act in the interests of the beneficiaries, failing to provide financial records to beneficiaries, failing to conduct probate in a timely and legally compliant manner, or acting in other fraudulent behavior. This can include using money from the estate for personal reasons. To remove the executor, you’ll need to file a petition with the court.

Get Legal Guidance From a Los Angeles Estate Litigation Lawyer That You Can Trust During Estate Disputes

Reach out to Meinzer Law Firm, PC, today to schedule a confidential case evaluation with our team and learn how we can help you during your estate dispute case. Our goal is to protect our clients’ rights throughout the entirety of legal proceedings, all while making California’s complex legal process as accessible as possible.