Estate Litigation

We recently discussed potential problems with undue influence. This occurs when someone is manipulated into altering their estate plan, and it can sometimes lead to estate litigation. For instance, an elderly person experiencing cognitive decline may be lied to or...

When your parent originally wrote their estate plan, they included you in the will. You know this because you had discussions with them about what to expect. You believed that you would inherit a portion of their estate, along with your siblings or other...

A testator (someone who drafts a will) can name co-executors to administer their estate. They can do this to divide labor, access professional skills, have someone they trust in an administrative position or avoid feelings of favoritism. While an estate can...

The legal process of disputing a deceased person’s estate can be overwhelming and emotionally challenging for any family. California families may find themselves entangled in estate disputes that involve issues such as contested wills, disagreements over inheritances...

Estate planning is intended to provide clarity and peace of mind, ensuring that your wishes are carried out after your passing. But sometimes, even the best-laid plans can lead to disputes among family members. When disagreements arise over a will, trust or the...

The passing of a loved one is a difficult time, to say the very least. Unfortunately, disagreements over assets can add further strain, sometimes resulting in long-lasting family rifts. When you know that an estate dispute that divides your family would disappoint...

Inheriting a loved one's estate should be a time of remembrance, not resentment. Unfortunately, disagreements over assets and the interpretation of wills can arise, turning the probate process into a complex family dispute. If you're facing a contested estate in...

Some estate disputes revolve around items that have significant monetary value. For instance, with the way the housing market has gone in the last decade, parents could own a home that is now worth millions of dollars. The children may dispute who gets to keep that...

Testamentary capacity is one of the factors that determine the validity of a will, codicil, trust or trust amendment. If a testator (someone who writes a will) or a settlor (someone who creates a trust) lacks the required testamentary capacity, their respective...

The executor of an estate (or “personal representative,” as California law refers to the position) has significant and varied responsibilities – even for a comparatively small estate. If the deceased named the executor in their estate plan, they likely trusted them...