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Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

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Home » Los Angeles Probate Disputes

Los Angeles Probate Disputes

The probate process is often challenging to navigate under the best of circumstances. If a dispute arises, that already challenging process becomes even more difficult. Given the nature of the probate process, emotions are often heightened, making disputes more likely.  If you are involved in a probate dispute, or you foresee the likelihood of one erupting, the support and guidance of one of the experienced Los Angeles, California probate attorney at Schomer Law Group can be the difference between reaching a mutually agreeable resolution and unnecessarily wasting time and money litigating the dispute.

What Kind of Disputes Might Occur During Probate?

The most obvious type of dispute that may crop up during the probate of an estate is a Will contest that challenges the validity of the Will submitted for probate. In addition, a dispute may arise over the validity of a claim filed against the estate by a creditor or over the sufficiency of the notice provided to creditors. Beneficiaries or heirs may also initiate a dispute if they feel the estate is not being handled properly by the Executor or that the decedent’s wishes as set forth in the Will are not being honored.

What Happens If A Dispute Arises During Probate?

Probate can be a costly process, both in terms of time and money, even without any disputes arising during the process. If a dispute does occur, it will likely extend the time it takes to conclude the probate process, particularly if the dispute is a Will contest.

How Is a Will Contest Handled?

When a Last Will and Testament is submitted to the court for probate the court must authenticate the Will. If a beneficiary, or other “interested party” has reason to believe the Will submitted to the court is not valid, they have the right to challenge the authenticity of the Will. In the State of California, a Will contest may be brought using the following grounds:

  • Lack of testamentary capacity
  • Undue influence
  • Fraud
  • Improper execution
  • Revocation

A Will contest must be fully litigated, or the parties must reach a settlement, before the probate of the estate can move forward because the outcome of the dispute determines how the estate is probated. If the contestant is successful, the Will submitted to probate is declared invalid. Unless another valid Will is submitted to the court, the estate becomes an intestate estate and the California laws of intestate succession are used to probate the estate. If the contestant is unsuccessful, the original Will stands and the terms of that Will dictate how the estate is probated.

We Can Help You With Your Probate Dispute

Probate is typically an emotionally charged process for everyone involved. When a dispute arises, it can ignite those emotions, often pitting one family member against another. Probate disputes can also slow down the probate process, adding to the stress everyone involved is feeling. Whether you are an Executor, a creditor, a beneficiary, or legal heir, we can help you with your probate dispute. Our probate attorneys understand the sensitive nature of many probate disputes, as well as the cost and time they typically add to the probate process.  We will protect your rights at times and work aggressively and expeditiously toward a mutually agreed upon resolution. If a resolution is not forthcoming, we are prepared to zealously advocate for you throughout the litigation process.

Contact the California Probate Attorneys at Schomer Law Group Today


At the Schomer Law Group, our probate attorneys have the experience to handle even the most complex Los Angeles probate disputes. Contact the California office today by calling (310) 337-7696 or by filling out our online contact form.

 

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Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

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