San Francisco Probate Litigation Attorney

Probate and estate litigation are highly specific areas of law. Disputes can be complicated, especially in cases involving large estates or complex family dynamics. However, Albertson & Davidson focuses its practice strictly on the litigation of wills and trusts. If you have substantial assets at stake in a dispute over a will, trust, or estate, Albertson & Davidson can protect your rights and your inheritance.

Get a Free Consultation for Your Probate Dispute

Do you have questions about how the executor is handling a recently deceased loved one’s estate or concerns about the contents of a will or trust? You may need to contest the will or trust to make things right if someone’s errors or deception is putting a significant inheritance meant for you at risk.

Contact the probate litigation attorneys of Albertson & Davidson in San Francisco today for help protecting assets that should be yours. We’ll review your concerns in a free and confidential legal consultation. If you have a case, we can vigorously pursue a claim for relief on your behalf.

Many clients contact us after receiving a Notice of Administration giving a deadline to raise objections to upcoming probate proceedings. There’s no reason to wait. Consult one of our probate litigation attorneys today for free about any concerns on how a significant estate in probate is being handled. Contact us today at (800) 601-0170 or online.

What Is Probate Litigation?

Probate is a legal review and oversight by the courts of transferring a deceased person’s assets. The executor of a will or administrator of an estate has certain legal obligations and must report to the probate court.

Typically, the decedent has executed legal documents that direct how they wanted assets distributed. A person’s will names any beneficiaries and what assets they are to receive. A trust appoints a successor trustee to assume control of the trust and its assets, which may go to named beneficiaries.

When there is no will, the deceased has died “intestate.” This requires the probate court to appoint an administrator to identify the decedent’s legal heirs, distribute assets, and settle the estate’s debts and taxes.

Sometimes, there are disputes about how the deceased wanted their assets distributed, the contents of a will or trust, who is considered a legal heir, or the administrator’s or trustee’s actions. Anyone with legal claims to portions of the estate has a right to be heard by the probate court to resolve these concerns. The process involves providing documentation and testimony to support the claim and attending a hearing.

What to Expect When Contesting a Will or Trust

A will on file will be presumed valid, so a challenge has a high burden of proof. To contest a trust, you must file a lawsuit in probate court stating your grounds for invalidating the trust and how the court should provide relief.

In an initial consultation with Albertson & Davidson, we ask you to bring copies of all relevant documents available, such as the will, the trust, and any other documents or correspondence supporting your claim. We will review them and advise you about prospects for a contest.

If we can move forward and you engage us to proceed, we will subpoena:

Documents from the estate planning attorney who established the will or trust
Estate financial records, which may show improper activity, such as a beneficiary’s cash withdrawals or the estate administrator mishandling assets
Medical records of the person who established the will or served as the trust’s original trustee, if their state of mind is at issue

We would also speak with any “friendly” witnesses you could name and get their statements on the record.

Navigating the complexities of probate law can be challenging, especially during an emotionally difficult time. A probate attorney plays a crucial role in ensuring the proper handling of estate matters, beneficiaries, creditors, and taxes in accordance with state laws.

Probate and estate litigation are highly specific areas of law. If you have substantial assets at stake in a dispute over a will, a trust, or how a decedent’s estate will be settled, you should speak to an experienced probate litigation attorney with our firm.

Albertson & Davidson can guide you through the legal complexities of California probate litigation and protect your rights, especially when a large estate or complicated family dynamics are involved.

Common Probate Litigation Issues We Handle

There are multiple potential grounds for challenging the validity of a will or a trust. The probate litigation lawyers of Albertson & Davidson typically take cases regarding:

Undue influence. Many challenges involve a will or trust established or amended late in the decedent’s life, particularly if it unduly benefits someone who recently became an important part of the decedent’s life. California law defines “undue influence” as overcoming an elderly or infirm person’s free will and persuading them to give the bad actor money, houses, or other property. A will is also invalid if it was written under coercion or duress.
Lack of capacity. A will or trust may be invalidated if the decedent did not have the capacity to understand and agree to the consequences of their decisions when it was drafted or amended. This requires evidence that the individual was ill (suffered senility or dementia) or was under the influence of mind-altering medications.
Fraud and coercion. If a beneficiary made a false statement to the decedent to ensure a will or trust was worded for their benefit, the document can be ruled invalid. The court may set the will aside if fraud was committed to exclude or disinherit an otherwise rightful heir.
Technical mistakes. California law requires a will or trust to be properly signed and witnessed to be valid. If a petitioner can prove technical mistakes, a proponent of the will must then establish by clear and convincing evidence that the decedent intended the document to be their will.
Breach of fiduciary responsibility/abusive fiduciary. California law imposes strict guidelines on the responsibilities and permissible actions of an estate’s executors, trustees, and conservators. The court can stop a fiduciary who is stealing from the estate, mismanaging estate assets, or failing to properly account for their actions regarding the estate.

Ask About Our Approach to Probate Litigation

At Albertson & Davidson, we employ a meticulous and comprehensive strategy to ensure the best possible outcomes for our clients. Our approach is structured into key phases, each designed to thoroughly prepare and execute your case with precision and care.

Our proven approach works because we invest the time and effort necessary at every stage of your case. By combining thorough preparation, strategic execution, and consistent communication, we strive to achieve the best possible outcomes in probate litigation.

Contact Albertson & Davidson to learn more about our proactive and aggressive approach to representing clients in California probate disputes. The attorneys of Albertson & Davidson are skilled litigators who have focused on high-stakes probate and inheritance cases for nearly 20 years. In that time, we’ve recovered over $300 million in verdicts and settlements. Past clients say they are grateful for our “professionalism, superb communication, and compassion.” We will stand up with you to protect your rights and the inheritance promised to you.

Contact us online or at (800) 601-0170 in San Francisco for a free initial consultation if your inheritance is on the line. We have a track record of success in courtrooms across California and can help you, too. We stand. We fight. We win.