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Home » Estate Planning » Why Might a California Estate Be Involved in Litigation?

Why Might a California Estate Be Involved in Litigation?

Estate Planning

California estate litigation

When someone passes away, their estate typically goes through a legal process called probate. This process involves identifying assets, settling debts, and distributing the remaining estate to heirs or beneficiaries. While probate is designed to ensure a smooth transfer of assets, disputes can arise that lead to litigation. Understanding common reasons for probate disputes in California can help you navigate potential conflicts and protect your interests. With that in mind, the Los Angeles attorneys at Schomer Estate & Wealth Advisors explain why a California estate might be involved in litigation.

What Is Probate?

Probate is the court-supervised process of settling an estate following the death of an individual. Some common steps in the probate process include verifying the validity of a Last Will and Testament if one exists, identifying assets, notifying creditors, and ensuring debts and taxes are paid before distributing assets to heirs. If there is a valid Will, the court follows the instructions and terms of the Will. If the decedent died intestate (without a Will or trust), California’s intestate succession laws determine who inherits from the estate and in what proportions. Disputes may arise at any stage of the probate process which can lead to litigation.

Common Causes of Probate Litigation in California

The very nature and purpose of the probate process often makes it an emotionally charged time for family members and loved ones. Sometimes, disagreements on how assets should be handled crop up during probate which can lead to litigation. Some of the most common reasons for probate litigation include:

  • Will Contests: A Will can be challenged in court if someone believes that the Will is legally invalid. Until a dispute over a Will is resolved, probate cannot proceed, potentially delaying asset distribution for months or even years. Grounds on which a Will can be challenged include:
    • Lack of capacity. Alleging the Testator was not of sound mind when creating the Will.
    • Undue influence. Claiming someone manipulated the testator into making certain decisions.
    • Fraud or forgery. Asserting the Will was falsified or altered.
    • Improper execution. Challenging whether the Will meets California’s legal requirements for signing and witnessing.
  • Creditor Disputes: Creditors have a limited time to file claims against an estate. If the estate’s representative denies a claim, the creditor may challenge the decision in court. These disputes can complicate and prolong probate, especially when large debts or conflicting claims exist.
  • Disagreements Over Asset Valuation: The estate’s personal representative is responsible for determining the value of assets, including real estate, business interests, and personal property. Beneficiaries may contest valuations if they believe an asset has been undervalued or overvalued, affecting their inheritance. Resolving these disputes often requires expert appraisals and court intervention.
  • Misconduct or Disputes Involving the Executor: An Executor or personal representative is legally required to act in the estate’s best interests. Allegations of misconduct can lead to litigation and if the court finds that an Executor is not fulfilling their duties properly, they may be removed and replaced. Common causes of litigation involving the Executor include claims that the Executor is:
    • Mismanaging estate funds or engaging in self-dealing.
    • Taking too long to distribute assets.
    • Failing to communicate with beneficiaries.
    • Favoring certain heirs over others.

Resolving Probate Disputes

Navigating probate litigation can be stressful, costly, and time-consuming for everyone involved. If you anticipate a conflict, whether you are an Executor, beneficiary, or other interested party, consulting an experienced California probate attorney early can help clarify your rights and obligations. Addressing issues proactively can even prevent unnecessary litigation or reduce the impact of litigation on everyone involved.

Many probate disputes can be settled outside of court through mediation, a confidential process where a neutral third party helps the involved parties reach an agreement. Mediation can be faster, less expensive, and less stressful than a court battle. If disputes cannot be resolved through negotiation or mediation, litigation may be required. A probate attorney can help build your case, gather evidence, and advocate for your interests in court.

Do You Have Questions about Litigation during the Probate of an Estate in California?

For more information, please join us for an upcoming FREE seminar. If you have additional questions about litigation during the probate of an estate in California, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.

Scott Schomer, Estate Planning Attorney
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