Practice Areas
Probate Litigation Attorney in Los Angeles
Probate litigation, or estate litigation, occurs when disputes arise over the administration or distribution of a decedent’s estate. Probate litigation is the process by which such disputes are resolved. Probate litigation can take the form of a will contest or challenge to a trust.
In a perfect world, all wills would be clearly drafted, interpreted and honored; all trusts would be seamlessly implemented as written; the rights of beneficiaries and the wishes of decedents would be understood; an all parties would act in good faith.
Unfortunately, in the real world, controversies do arise regarding wills and trusts because of ambiguities, competing interests or dishonest intentions. The Los Angeles probate litigation attorneys at Boyd Law can challenge the will or defend your interests in these complex and intense disputes.
Oftentimes disputes can occur even when a will and/or trust has been executed. Family members, beneficiaries or potential beneficiaries disagree over whether or not a will is valid and how it should be interpreted. Issues with disinherited heirs, undue influence, duress, or the capacity of the decedent are common problems that can lead to a lawsuit. A common occurrence in blended families occurs when one person feels that he or she was overlooked or that he or she received less than other family members. Disagreements are also common between beneficiaries of the will and the personal representative. Family members may disagree over who should act as the personal representative, or about financial decisions made by the personal representative. When the personal representative is also a beneficiary, then concerns over potential conflicts of interest can lead to litigation.
Probate litigation is a unique area of law, and probate court has its own special set of rules. In addition, mediation is becoming an increasingly popular alternative to litigation. The Los Angeles probate litigation attorneys are well versed in the complexities and idiosyncrasies of both options. They are also attuned to the sensitivities involved in these matters. Contested probate can tear apart families and friends, and our attorneys work hard to minimize the damage.
The probate litigation attorneys at Boyd Law are qualified to handle these complex matters, as they have both breadth and depth of knowledge in litigation and an advanced understanding of trusts and estates. We represent families, heirs, fiduciaries and creditors in a wide range of probate litigation matters, including:
- Contested wills, estates, and trusts
- Contested guardianship and conservatorship
- Determination of heirs
- Challenges to jointly owned properties
- Determination of spousal and family rights
- Breach of fiduciary duties
- Contested attorney and fiduciary fees
- Tax apportionment
- Objections to inventories and accounts
- Sale of estate and trust assets
- Claims for distribution
Owing to years of specializing in estate and trust litigation, we are familiar with the strategies and tactics used to both prosecute and defend disputes in these areas. We learn about your situation and advise you as to what you can expect and how our firm may best assist you.
In most California probate litigation scenarios, you only have a short period of time to contest a will or other probate dispute. That is why it is so very important for you to contact us as soon as possible and avoid the prospect of your claim being barred. If you need experienced counsel to contest a will, or believe you have been denied your just inheritance through the improper use or administration of a trust, call us immediately for assistance.
The Los Angeles trust and estate lawyers at Boyd Law are responsive, reliable, strategically-minded, and committed to client success. We have the experience to tackle complex legal matters, whether litigation, estate planning or family law. Contact us today at 310-777-0231 for a free consultation.