Sacramento Probate Litigation Lawyers 

Trusted Legal Advocates for Probate Litigation in California 

It is an unfortunate reality that people do not always act as they should. Sometimes, bad conduct by a probate executor, trustee, conservator, or other individual with access to estate assets necessitates legal action.

When such a case arises, the knowledgeable attorneys at the Huber Fox are here for you and will work to protect your rights.

Our attorneys can provide you with straightforward guidance in all types of estate disputes, including:

• Will contests
• Trust contests
• Probate Litigation
• Enforcement of Beneficiary Rights
• Obtaining Trust, Estate, and Accounting Records
• Removal of Executor or Trustee
• Surcharge of Executor or Trustee
• Recovery of Assets
• Financial Elder Abuse
• Conservatorship Litigation

Need help with probate disputes? Contact us at (916) 237-8781 to speak with an experienced attorney today!

Our lawyers are experienced in handling probate and trust litigation matters in California courts, and can represent our clients through all stages of litigation, trial, and appeal, if necessary. In addition to our experience in the courtroom, we are adept at crafting creative settlement solutions to resolve probate disputes.

Because of the family relationships involved in most trust and probate litigation matters, we have found that many disputes stem from long-standing conflict between family members. In those cases, creative conflict resolution may be a far better solution than protracted litigation.

Common Causes of Probate Disputes

Probate disputes can arise for a variety of reasons. Understanding these common causes can help you navigate potential conflicts. Some of the most frequent reasons include:

• Disagreements Over the Will: Family members or beneficiaries may contest the validity of a will, leading to disputes. These can arise due to questions about the testator’s mental capacity or claims of undue influence.
• Executor Mismanagement: An executor’s failure to properly manage estate assets, distribute property, or follow the instructions in the will can result in legal action.
• Trustee Issues: Similar to executors, trustees may fail in their duties, such as not providing accurate accounting, misusing trust funds, or refusing to share important records with beneficiaries.
• Fraud and Forgery: Allegations of fraud, including forged documents or hidden assets, often spark litigation. Beneficiaries may feel their inheritance has been unjustly altered or stolen.
• Family Disputes: Long-standing family conflicts can resurface during probate, leading to disputes over assets, decisions, or the overall fairness of the process.

Understanding Probate Court

Probate court is the legal forum where matters related to the administration of estates are handled. Here's what you should know:

• Purpose: Probate court oversees the distribution of a deceased person’s estate, ensuring that debts are paid and assets are distributed to beneficiaries according to the will or state law.
• How It Functions: Probate court ensures that all legal requirements are met during the administration of the estate, from validating the will to appointing an executor or administrator.
• Role of Probate Lawyers: Probate lawyers guide clients through the legal complexities of probate court. They represent the interests of beneficiaries, heirs, or executors, helping to resolve disputes and ensure proper estate management.

What to Do if You Suspect Probate Fraud

If you suspect fraud or misconduct during probate, it’s crucial to act quickly. Here’s what you can do:

• Review Estate Documents: Carefully examine the will, trust documents, and any related financial records to spot inconsistencies or irregularities.
• Consult a Probate Attorney: A lawyer specializing in probate litigation can help you assess whether fraud has occurred and guide you through the legal process.
• File a Dispute: If necessary, your attorney can assist in filing a legal challenge to the will or estate administration to protect your interests.
• Investigate Hidden Assets: Fraud may involve hiding assets or misreporting estate value. Attorneys can help uncover these issues through legal discovery and investigation.

What Happens in a Probate Litigation Case?

Probate litigation typically follows several stages, from filing to resolution. Here’s a brief overview of the process:

• Filing the Lawsuit: A probate dispute begins when a party files a lawsuit challenging the will, trust, or estate management. The plaintiff may seek to contest the will, remove an executor, or address other concerns.
• Discovery Process: Both sides gather evidence, which may include financial records, witness statements, and expert testimony to support their claims.
• Settlement or Trial: Most probate disputes settle before reaching trial. However, if an agreement cannot be reached, the case will proceed to trial where a judge will make a final decision.
• Appeals: If either party disagrees with the outcome, they may appeal the decision to a higher court.

In probate litigation, having an experienced attorney is essential to navigating these complexities and protecting your rights.

FAQ: Probate Litigation

• What is the role of a probate attorney?
  A probate attorney helps guide clients through the probate process, ensuring the legal distribution of a deceased person’s estate. They assist with will validation, handling disputes, and ensuring all legal obligations are met, including paying debts and taxes.
• Can I challenge a will if I was left out?
  Yes, if you were omitted from a will and believe you have a rightful claim, you can challenge the will in probate court. Common reasons for contesting include lack of testamentary capacity, undue influence, or fraud.
• How long does probate litigation take?
  Probate litigation can take several months to years, depending on the complexity of the case, the number of disputes, and whether the case is settled or goes to trial. Some cases may be resolved more quickly through mediation.
• Can I remove an executor or trustee from their duties?
  Yes, if the executor or trustee is mismanaging the estate, acting improperly, or breaching their fiduciary duties, a beneficiary can petition the probate court to remove them and appoint a replacement.
• What happens if there is no will or trust?
  If there is no valid will or trust, the estate will be distributed according to California’s laws of intestate succession. This means the state determines how assets are distributed, usually starting with immediate family members.
• What is a "no-contest" clause in a will?
  A "no-contest" clause is a provision that discourages beneficiaries from contesting the will. If someone challenges the will and loses, they may forfeit their inheritance. However, California law limits the enforceability of such clauses in certain situations.
• Can a living trust be contested?
  Yes, a living trust can be contested in similar ways to a will. Common grounds include accusations of fraud, undue influence, or the mental incapacity of the person who created the trust.

Have questions about probate litigation? Contact us at (916) 237-8781 and get the legal guidance you need.