San Pedro Estate Litigation Lawyer

Experienced San Pedro Estate Litigation Attorney

Unfortunately, disputes can arise when dealing with the execution of a deceased family member’s estate. When these conflicts happen, it may be necessary to use estate litigation to resolve issues and settle legal matters. If you find yourself facing this daunting process, contact an experienced San Pedro estate litigation lawyer at Meinzer Law Firm, PC for help.

About Meinzer Law Firm, PC: Your Experienced Estate Attorney

When it comes to settling a loved one’s estate, sometimes the stakes can feel very high. Interpersonal relationships may be strained, and grieving families can find themselves facing opposition from within or from outside forces. When you are in an emotionally fraught situation like this, you need a San Pedro estate planning lawyer on your side to help you understand your legal position, find solutions, and reach a favorable outcome.

Andrew M. Meinzer, our firm’s attorney, has been advocating for clients in the area of estate planning and estate litigation for more than 20 years, and he has what it takes to represent you. Come into our office today to discuss your case.

What Is Estate Litigation?

Estate litigation is the process of settling disputes regarding a deceased person’s estate by way of filing legal claims against relevant parties. There are a variety of reasons that estate litigation could become necessary. A few of these are as follows:

• Contested wills: Sometimes, the validity of a deceased person’s will might be questioned. In California, a will should be signed by the person who made it as well as two witnesses. When a will does not fit these requirements, it may be considered a holographic will. Both signed wills and holographic wills may be considered valid in California, but holographic wills are more likely to be contested.
• Disputes over a trust: When a trust is executed after a person’s death, there may be disputes over the handling of the trust’s assets. A beneficiary may feel that the trustee is not doing their job properly, or beneficiaries may disagree with the trust’s execution based on ambiguities in the documents.
• Undue influence: Sometimes, a family member or other interested party may try to exert influence over a vulnerable person in an effort to influence them to disproportionately include them in the will. If a family suspects someone has had undue influence on a deceased relative based on the contents of the estate documents, they may challenge this in court.
• Inheritance disputes: Surviving family members of a deceased person may argue over inheritance in the presence or absence of a will. Notably, only 32% of Americans have a will in place. When someone dies without a will, inheritance disputes are likely.

What the Estate Litigation Process Might Look Like

The process of estate litigation may seem daunting, but if you have a competent attorney to help you through it, you can take every step with confidence. The typical process for an estate litigation case is as follows:

• Consultation: The first step in taking any legal action is to meet with an attorney for an initial consultation. During this first meeting, you can discuss the particulars of the case and the potential outcomes. This is also an opportunity for your attorney to begin working on a strategy.
• Investigation: When your attorney has determined that you have a strong case, the next step is for them to fully investigate the circumstances of the dispute. They may ask for all relevant documents, interview relevant people, and take time to fully evaluate the case and begin building an argument.
• Official complaint: The next step is to file an official complaint. Your attorney can take care of the filing for you. The defendant in your complaint can then respond to the civil action. For San Pedro residents, estate litigation matters should be filed centrally with the Los Angeles County Superior Court, which is located at the Stanley Mosk Courthouse in Downtown Los Angeles.
• Discovery: After a complaint has been filed, both the plaintiff’s and defendant’s legal representation have the chance to gather and share evidence that is relevant to the case.
• Pre-trial phase: During the pre-trial phase, either side can request that the case be dismissed, that the parameters be changed, or that certain evidence be withheld in court.
• Negotiation: After the pre-trial phase, there is a chance to negotiate a solution without moving forward with courtroom proceedings. Attorneys for both sides may meet, with or without a mediator, and try to reach a resolution.
• Trial: The final stage is a courtroom trial, during which a judge will hear the testimony of both sides and make a judgment regarding the dispute.

FAQs

How Much Does an Estate Litigation Lawyer Cost in San Pedro?

Attorneys set their own hourly rates, and no two San Pedro estate litigation cases are the same. Therefore, the cost to hire an estate litigation lawyer can range widely depending on the details of each case. Case complexity, willingness to resolve the dispute, and other factors may affect the ultimate time commitment involved for an attorney and, by extension, the cost.

Do All Estate Litigation Cases Go to Trial?

No. Certainly not all estate litigation cases go to trial. In fact, the majority do not. If a settlement can be reached before an actual courtroom trial, that is a favorable outcome for all involved in most cases. Courtroom proceedings are expensive and time-consuming, so if both sides in a dispute are willing to reach a resolution before that final step, both sides benefit.

When Should I Hire an Estate Litigation Attorney?

You should hire an estate litigation attorney as soon as you think you might have a dispute that cannot be resolved through casual conversation. Your lawyer can, from the beginning, give you legally sound insight regarding the matter, help you understand potential consequences of any actions, and help you decide what steps to take next.

How Long Will It Take to Resolve My Estate Dispute?

It is difficult to predict exactly how long it might take to resolve your estate dispute. Some cases may be resolved within a month or two, while others could potentially stretch on for more than a year. Contributing factors may include the willingness of each party to reach a solution, the court’s caseload, and how complicated the dispute is.

Hire an Estate Litigation Lawyer: Contact Meinzer Law Firm

When a loved one’s legacy is on the line, you need a strong and experienced attorney to help you defend it. Contact Meinzer Law Firm, PC, today to discuss your needs and get the legal assistance you need in San Pedro.