Probate and Trust Litigation
An estate includes all assets owned at the time of death. If the decedent died without a trust, whether they had a will or not, the issue involves probate litigation. However, if the decedent passed away with their assets in a trust, the issue involves trust litigation. Probate is a costly and time-consuming process. Estates without a valid, comprehensive Living Trust may go through an extensive, lengthy probate proceeding. Our firm is dedicated to representing those throughout California with their concerns in estate, probate and trust matters. Trust disputes can be emotionally grueling and financially taxing. Tensions between trustees and beneficiaries can make trust administration quite difficult, expensive and time consuming. A trust litigation lawyer can handle trust disputes efficiently, lessening burdens and providing peace of mind.
At First Class Counsel, we handle every aspect of trust and probate litigation including, disputes over beneficial interests in trusts and estates, management and administration of trusts, management of family business disputes after the death of a family member and breach of fiduciary duty claims. Additionally, we can assist you in federal and state tax disputes, such as estate, gift, and generation-skipping transfer taxes, breach of buy/sell agreements and business and asset valuation disputes, undue influence claims, actions taken by agents under powers of attorney and removal and surcharge of fiduciaries. We specialize in Heggstad Petitions (California Probate Code § 850 petitions) and any other challenges that arise in the area of estate and trust law. If you are an executor, trustee, or other fiduciary, we can advise you on how to discharge your duties in order to minimize personal liability exposure and reduce the potential for conflicts with beneficiaries and other parties.
Most people do not realize that Wills are subject to court supervision.
Probate is a process through which assets placed in a will are identified and distributed to intended beneficiaries or heirs of an estate. A will must be probated before property in an estate can be distributed to intended beneficiaries. The probate process is complex and can often be contentious. An estate litigation attorney can help make the process run quicker and smoother and assist you in contesting the Will, when necessary.
A court will appoint an executor or an administrator to manage the decedent's assets, pay creditors, and distribute assets to beneficiaries. When an estate dispute arises, litigation involving a probate attorney may be necessary to interpret the California Probate Code. Probate litigation is a court process where people seek to address disputes concerning a will or trust.
When issues arise with a trust, estate, or will, parties to the estate including trustees, beneficiaries, and claimants may bring the matter to probate court. This is considered trust, estate and probate litigation. Regardless of whether you are a trustee, beneficiary or heir, our team can help enforce your rights and resolve any trust disputes that arise. We recognize not every dispute needs to be litigated, and help our clients understand the relative and ever-changing strengths and weaknesses of their cases.
We utilize appropriate legal strategies to place ourselves in the best position possible, to assist you in securing the best outcome. Results may be reached through negotiated settlement, mediation, or trial. With your input, we will go through the crucial details and choose the best course of action for you and your loved ones.
First Class Counsel is an excellent Trust and Probate Litigation law firm. Not all lawyers are equal. If you need a proactive, knowledgeable, and effective Litigation team to fight for your rights, call or contact us online to schedule a consultation.
