General Probate Litigation
Probate Attorneys Serving Southern California
GENERAL PROBATE DISPUTE LITIGATION
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The probate process may result in disagreements among family members, beneficiaries, and the personal representative of the deceased’s estate. Probate litigation might be required in numerous instances where disagreements arise and is meant to legally resolve any conflicts that could make probate difficult. Because of conflicts that can ensue, the process can become highly complicated. Some reasons probate litigation may be necessary to manage the situation are:
1. Removal of the Personal Representative of an Estate
The Court will normally appoint a close family member of the decedent or a person selected by the decedent in a Will or Trust to the role of personal representative of the Estate. But what happens if that person appointed fails to perform or actually violates the fiduciary duty to the Estate? Can that person be removed and who has the right to do so?
Any interested person has the right to file a petition in the Probate Court seeking the removal of the fiduciary, be it Executor or Administrator, for cause. The Court, on its own motion, may also seek to remove the fiduciary. The Court has wide discretion as to whether removal is called for, though the causes for such removal are listed in Cal. Probate Code §8502.
Self-dealing, embezzlement, conversion, nepotism and reckless disregard for protection of the assets can be grounds for removal. Typical examples of what can motivate a court are loans to the fiduciary; use of funds by the fiduciary for his or her own business; investments in high risk ventures, etc. Failure to purchase adequate liability insurance or property insurance or neglect of property are other typical causes for the petition. If one of these situations applies to you, feel free to consult with a probate attorney at ArcStone Law.
2. Disagreements about Asset Division/Inheritance Disputes
When the process of transferring assets according to a will or trust first begins, it is common for disputes to arise. Unfortunately, inheritance disputes are not just a problem for the rich and famous, or for blended families. Even when there’s little or no wealth at stake, or no second marriages with children, survivors still disagree about issues such as the disposition of sentimental personal property.
First and foremost, it is important to do everything possible in order to avoid inheritance disputes altogether. Sometimes, however, doing so is not always possible as each inheritance dispute contains its own unique set of obstacles. If you are in the middle of a troubling probate situation, it would likely be wise to talk to a probate attorney at ArcStone Law if you have not already done so.
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At Arcstone Law, we have a considerable level of experience helping clients in many different situations relating to probate, trust, and estate disputes, and we are fully prepared to help you if your case involves:
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Arcstone Law was established as a Foreclosure Defense Law Firm helping homeowners sue the banks after the mortgage meltdown of 2008. During that time the efforts of our lawyers were recognized and published by the State of California as precedence for other attorneys to rely on. Today our team of lawyers have grown, and our practice areas now include contract law, purchase/sales, quiet title litigation, partition actions, bankruptcy, eviction law, probate, divorce law (where Real Property is at issue) estate planning, business law and personal injury.
We focus everyday on providing high quality legal representation for our community and we dedicate ourselves to our clients and their cases. Whether you need legal assistance in Eviction Court, Probate Court, Federal Court, Bankruptcy Court or Appellate Court, there is no challenge that our experienced legal team is not ready to assist with. We have won thousands of cases and obtained millions of dollars in judgments and settlements for our clients. Call us today to schedule your consultation with a licensed attorney.