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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 » Services » Trust, Probate and Estate Litigation

Trust, Probate and Estate Litigation

One of the primary purposes of a trust is to provide the organized distribution of property from one generation to the next.  A trust lets you decide now which belongings you want to be given to whom.  As with any other legal proceeding, there may be issues with a trust that will require trust litigation.  When that happens, you need an estate planning attorney experienced in litigation to help you through this process.

At the Schomer Law Group, we offer one of the most experienced and effective trust and probate litigation practice groups in the State of California. Providing our clients with a comprehensive team of trust, probate, and estate litigation professionals, we are ready to help our clients to develop litigation strategies to most effectively help our clients resolve their legal issues. We are skilled at handling a wide variety of legal matters, as we have dedicated a significant portion of our practice to these types of litigation matters.

Basic reasons trust litigation may be required

If it turns out that the person who created the trust may have lacked the legal capacity to do so, there may be a need for litigation to determine whether the trust is actually valid.  The same is true if there are questions as to whether was coerced into creating the trust or including certain provisions in the trust.  If there was undue influence or persuasion that may have inhibited the maker’s free will, then litigation may be necessary.

Schomer Law is a Los Angeles law firm with extensive experience with trust, probate and estate litigation matters. We provide advice and assistance with a wide variety of situations in which a trustee may find himself in court on behalf of a trust or estate. To learn more about trust litigation, contact our Los Angeles trust lawyers today. We can provide a personalized consultation and can offer answers to questions you may have including:

  • Compelling Trustees or Executors to Account
  • Proceeding to Surcharge Trustees or Executors
  • Removal of Trustees or Executors
  • Obtaining Trust or Will information
  • Prohibited Transferee Care Custodians

Common Reasons for Contested Wills

While a family is grieving the loss of a loved one, the last thing they want is to fight over the person’s possessions.  Yet, will contests are quite common and in some situations they are inevitable.  The good news is, there are certain strategies you can use to avoid dealing with contested wills.  First, you should be familiar with some of the common reasons people contest a will.

There are typically four reasons most people seek to challenge the validity of a will:

  1. the will was not signed properly,
  2. there is a question about testamentary capacity,
  3. there is a suspicion of undue influence in executing the will, and
  4. the testator was fraudulently induced into creating the will or including certain provisions.  

Each of these grounds can be difficult to prove.  Contesting a will can also be a very expensive court process, yet that fact does not discourage everyone.

What estate administration involves

When someone passes away, the property which makes up that person’s estate will be distributed to the heirs and beneficiaries.  In many cases, in order for the property to be properly distributed, the estate needs to go through the probate process.  Probate requires many steps, including proving the existence of the will, if there is one; identifying the property and creating an inventory of that property; paying debts, funeral expenses, and taxes; and then distributing the remaining property to the proper heirs and beneficiaries.  

How necessary is it to hire a probate attorney?

In order to decide whether you actually need a probate attorney, there are several questions you need to ask.  If your answer to the majority of these questions is “yes,” then you will most likely need the advice and expertise of a probate attorney. These questions can help determine how problematic the process might be and the potential for additional issues.

Getting Help from a Los Angeles Trust, Probate and Estate Litigation Firm

Schomer Law has substantial experience administering complicated trusts and estates in California.  When legal disputes arise in trust or estate administration that will likely result in litigation, we are here to help. Trust, probate and estate litigation matters usually become antagonistic in nature, especially because of the family connection. Sorrow over the recent loss of a loved one often causes tension among relatives and that grief can lead to misplaced anger and eventually a legal dispute. In fact, a great number of probate, trust or estate disputes are, in reality, the result of family issues as much as they are disputes over money or estate property.

Trust and Probate Litigation Verdicts and Settlements

In 2012, Schomer Law was successful in defeating a challenge to a will by overcoming evidentiary presumptions of a lost will and other unfavorable evidentiary presumptions.  The lost will was upheld and admitted to probate, allowing our client to be appointed as executor of the estate in question.

In 2011, after a seven-day trial, Schomer Law successfully obtained the appointment of a private professional conservator as well as an order confirming the validity of various actions by that conservator including fixation of conservatee’s residence and medical and care decisions made for conservatee’s benefit. (In re: Conservatorship of Jean Tanaka).

In 2011, Schomer Law successfully defended elder abuse and undue influence claims by negotiating a resolution of the dispute for a fraction of plaintiff’s demand. (Klausner vs. Klausner).

Check out our many other favorable verdicts and settlements. Schomer Law provides invaluable assistance with all of your legal issues related to trusts, probate and estate litigation. Contact our Los Angeles probate, estate, and trust lawyers today to learn about the personalized legal services we can offer to you.

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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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