Key Takeaways
- Probate litigation is the process of addressing disputes or disagreements that arise during probate proceedings.
- With their understanding of legal procedures and processes, a probate litigation attorney is a valuable asset in assisting individuals during the estate administration process if disputes arise.
- Common probate disputes that may arise include disputes over asset distribution, breach of fiduciary duty claims, and disputed creditor claims.
- Advantages of hiring a probate attorney include expediting conflict resolution, minimizing familial disputes, preserving family relationships in disputes, and opening up the pathway for a smooth distribution of assets.
Introduction
Probate is the legal process for settling a deceased person’s estate, either with or without a will. During an initial probate hearing, the court will appoint an executor or estate administrator who will be responsible for marshaling and inventorying all estate assets, paying all debts and taxes, and distributing assets to beneficiaries.
However, during this process, disputes may arise between beneficiaries or other interested parties. A probate litigation attorney is distinct from an estate planning attorney and supports specifically with navigating disputes. This type of attorney should be engaged when there is any form of dispute that occurs in the probate process.
Understanding Probate Litigation
Probate litigation is the process of addressing disputes or disagreements that arise at some point during probate proceedings. These disputes often lead to litigation in the courtroom or require resolution through alternative methods, such as mediation.
Common circumstances that may lead to probate litigation include:
- Disputes over Asset Distribution – These disputes revolve around who should receive what share of the estate.
- A Breach of Fiduciary Duty Claim – Such a claim against the personal representative of the estate asserts that they failed to act in the best interests of the estate.
- Disputed Creditor Claims – Unresolved creditor claims can lead to probate disputes surrounding a deceased person’s estate or trust.
Litigation during probate can be a lengthy and costly process. The support of a probate litigation attorney can simplify this process and offer peace of mind by providing legal guidance on how to proceed.
The Role of a Probate Litigation Attorney
A probate litigation attorney is equipped to support you through the process and navigate your legal options to resolve them. Probate litigation can be a complex and time-consuming process. A probate litigation attorney can support with all the following tasks.
Navigating Complex Probate Laws
Probate laws can be complex and difficult to navigate. A skilled probate litigation attorney has a deep understanding of California probate codes, which will allow them to make informed recommendations about your legal options.
An attorney will help you in interpreting these complex laws and applying them to the context of your case so that you can find an appropriate resolution to your dispute. This context may include understanding the laws of intestate succession and the unique rights of a surviving spouse to a portion of an estate under community property laws.
With their ability to understand these complex probate laws, an attorney can better help you devise a legal strategy.
Understanding of California Inheritance Rights
A probate litigation attorney has extensive experience in understanding California inheritance rights, which is important for navigating the probate process. Often, inheritance rights are dictated by the estate plan left behind by the decedent. The estate administrator is responsible for carrying out the estate plan as they are written.
However, if there is no estate plan left behind, then the inheritance will be distributed according to the laws of intestate succession, which specify the order in which legal heirs of a decedent are entitled to a share of an inheritance from the estate. The line of succession in California usually follows this order:
- Spouse
- Children
- Grandchildren
- Parents
- Siblings
With an understanding of this line of succession and California inheritance rights, a probate litigation attorney will be well-equipped to explain how these rights may influence your case.
Handling Will Contests
Will contests occur when there appears to be a discrepancy in the original estate plan created by the head of the estate. A probate attorney can be helpful in this process as contesting a will involves specific legal processes, such as filing a petition with the probate court within 120 days of the will being admitted into probate. A probate litigation attorney may be able to support in contesting a will by helping to file the necessary paperwork and gathering evidence to build a case.
Challenges of Probate Litigation in California
Litigation is typically a complex and time-consuming process. Probate litigation may feature some of the following challenges.
Intricacies of California Probate Laws
Litigation may call into question the application of California probate laws to determine which parties have what rights over an inheritance. The California Probate Codes can be complex and difficult to interpret based on the context of a case and the family dynamics surrounding it.
Fortunately, a skilled and experienced attorney will have a thorough understanding of the intricacies of California probate laws. With this background, they will be able to help you understand which probate codes apply to your case, identify the necessary steps for your case, and provide additional clarity on how to proceed.
Impact of Delayed Estate Settlements
Delayed estate settlements can prolong the asset distribution process, preventing beneficiaries from receiving their share of an inheritance and jeopardizing their financial plans, all while complicating an already emotional time.
Probate is already a lengthy process, taking an average of 8-12 months, even when it is uncontested. Disputes in the process can lead to an even longer timeline between steps like notifying interested parties, scheduling court hearings, and building a legal case. Mistakes such as failing to file the appropriate paperwork, an unclear will, or executor mismanagement can all contribute to delays as well.
If disputes or discrepancies do arise in the process, an attorney can support you in seeking a resolution sooner. By guiding you through the necessary procedures to file petitions with the court, seeking alternative dispute resolution methods, and advocating for a swift resolution to disputes, an attorney can help minimize delays in the process.
Dealing with Creditor Claims
Creditor claims can pose a common challenge in the probate process. These creditor claims may arise from areas including credit card debt, mortgages, and unpaid taxes left behind by the decedent upon their passing. It’s important that the executor of an estate gives creditors a 90-day window to submit their claims for unresolved debts and then takes the time to assess the validity of these claims.
If there are disputes regarding whether a creditor claim is valid or whether the process was adequately handled, a probate estate litigation attorney can either help pursue a settlement between the creditor and the estate or litigate on behalf of either party to secure the best possible outcome.
Protecting Interests with Legal Experience
With their advanced legal experience handling a variety of issues, a probate estate litigation attorney can help you protect your interests in all the following ways.
Ensuring Compliance with Legal Procedures
An attorney has a crucial role in helping you maintain compliance with California’s probate litigation procedures. Between filing the appropriate documents and assisting you in understanding and meeting all the relevant deadlines, an attorney has a valuable role in ensuring that the legal process can proceed smoothly. An experienced probate litigation attorney is familiar with the detailed laws and regulations and court procedures in California, so they can be prepared to help you through the necessary steps for filing and pursuing your case.
Minimizing Errors and Additional Costs
By assisting you in navigating the procedures involved in probate litigation, a skilled attorney will help you minimize the risks of costly mistakes. Mistakes in the process can lead to consequences for the estate, including misinterpretation of the will, undervalued assets, missed deadlines, and more.
For example, even failing to file the appropriate paperwork with the court, or doing so incorrectly, has the potential to delay probate litigation proceedings or open up the estate to additional legal costs like filing fees or penalties. Whether it’s filing a legal petition or helping you navigate the court process, an attorney can assist you in covering all the necessary bases.
Addressing Specific Probate Issues
A probate litigation attorney may be able to offer their support in addressing all the following conflicts that can arise during probate matters.
Undue Influence and Lack of Mental Capacity
When an individual drafts their estate plans, they must be of sound mind and have the capacity to understand the decisions they are making and the consequences of their decision-making. If a person was not of sound mind or was influenced into making changes to their estate plan against their own free will, this could lead to disputes during probate.
If evidence comes to light that the creator of a will did not in fact have sound mental capacity at the time of signing, then an attorney may be able to support in contesting a will to have it invalidated by the court so that the invalid will cannot be used to guide the estate planning process.
Executor Misconduct
Wrongdoing by an executor or estate administrator is one of the most common causes of probate litigation, as beneficiaries seek legal action to protect the interests of the estate. Executor misconduct can encompass any action that jeopardizes the value of the estate or the wishes of the will creator.
Examples of executor misconduct include:
- Mismanaging estate assets
- Failing to pay debts and taxes
- Failing to communicate with beneficiaries
- Ignoring the terms of the will
An attorney can help you gather evidence and build a case to seek an adequate resolution to your case, whether this is removing the executor from their role or seeking damages to be paid in return to the estate.
Breaches of Fiduciary Duty
A breach of fiduciary duty occurs when the executor or estate administrator fails to act in the best interests of the trust and its beneficiaries. A breach of fiduciary duty is an umbrella term that can encompass a variety of acts that may put the estate in jeopardy.
Common breaches of fiduciary duty include:
- Self-dealing
- Mismanaging estate assets
- Hiding undisclosed estate assets
- Failing to communicate with beneficiaries
- Neglecting to follow the terms of the will
A probate litigation attorney can help address concerns related to these failures to uphold fiduciary duty and seek an appropriate resolution. For example, if an executor is failing to communicate with beneficiaries, a probate litigation attorney can assist in filing a petition with the court to urge the executor to fulfill their duty of communication.
Or, if the breach was severe, an attorney can represent you before the court in a breach of fiduciary duty lawsuit to either pursue removal of the executor from their position or seek damages returned to the estate.
Advantages of Hiring a Probate Attorney
A probate attorney is a valuable resource for navigating a challenging and complex process. Hiring a probate attorney may offer the following advantages.
Expediting Resolutions
Whether it’s through litigation or an alternative dispute resolution approach, such as mediation or arbitration, an attorney can help you in seeking a resolution to your case sooner. An attorney has experience in navigating a variety of probate disputes, which will equip them to apply their previous experience to your case and understand the potential legal avenues available for resolving your case.
Minimizing Familial Disputes
A probate litigation attorney can help reduce the risk of lasting, and relationship-damaging disputes in probate matters by helping to reduce tension between interested parties, either by preventing disputes from arising or settling disputes quickly before they escalate. By assisting in facilitating alternative dispute resolution methods such as mediation or arbitration, prior to litigation, an experienced attorney may be able to minimize the scope of disputes and preserve family relationships.
Facilitating Asset Distribution
The distribution of assets is the fundamental final step in the probate process, where the estate administrator transfers ownership of assets to the identified beneficiaries. An experienced probate attorney can support you in understanding your rights during asset distribution and offering guidance to the estate administrator as they carry out the terms laid out in the will.
If there are disputes surrounding the share of an inheritance, then an experienced probate litigator can offer guidance in resolving these disputes either through legal action or alternative dispute resolution so that the asset distribution process can continue.
Hire a California Probate Estate Litigation Attorney You Can Trust
Having a trustworthy probate litigation lawyer by your side can make all the difference in navigating a complicated process. An experienced attorney is an important resource for understanding the legal complexities surrounding probate proceedings and helping you develop a strong legal strategy to seek the best possible resolution.
The team of probate estate litigation attorneys at RMO Lawyers is prepared to support you in the event that a dispute does arise. We will listen closely to you to understand the unique details and family dynamics surrounding your case so that we can create a winning strategy that protects your family’s interests.
Schedule a consultation with the probate estate litigation attorneys at RMO Lawyers to discuss your case and the potential next steps.
Glossary
Beneficiary – A beneficiary is an individual or entity identified in a trust or will as being entitled to receive benefits from the estate.
Breach of fiduciary duty – When an individual fails to uphold their responsibilities in their role as a fiduciary representing an estate, either due to negligence or willful misconduct.
Executor – An individual appointed by a probate court who is responsible for managing and administering an estate and is named as executor in the deceased’s will.
Fiduciary duty – The legal obligation that an estate executor or administrator has to an estate and its beneficiaries to act in their best interests.
Intestate succession – The legal process for guiding the distribution of assets to legal heirs based on state intestacy law when someone passes away without leaving a will.
Probate – The court process in which the assets of an estate are gathered, accounted for, and distributed to the rightful heirs or beneficiaries after an individual passes away, either in accordance with the deceased’s wishes if they had a will or following local intestacy laws if there was no will.
Probate litigation – A lawsuit filed by an interested party in an estate against another during the probate estate administration process.