San Diego Probate Litigation Attorney
Dealing with the death of a loved one is difficult, but things get even more emotional when estate disputes come up. If your loved one had a will, disputes may arise about the contents of the will or its validity. If there was no will, then distribution of the assets is even more complex. This introduces even more room for disputes.
If you find yourself in the middle of a probate dispute, you need an experienced San Diego will contest lawyer who knows how to handle these situations. Call Albertson & Davidson today at (858) 209-2309 to let us help you through this difficult and complex situation. Schedule your free consultation now with one of our San Diego probate litigation attorneys to get started.
Why Choose Us?
In almost all probate litigation matters, emotions run very high. The team at Albertson & Davidson understands that, and we have extensive experience navigating these sensitive situations. We will give you the personal attention you deserve throughout the process, and we will fight diligently to protect your rights and inheritance. Some reasons clients in San Diego choose us to handle their probate litigation matters are:
- Our attorneys are solely focused on handling complex estate and probate litigation matters
- We have recovered more than $300 million for our clients
- We treat every case like a winner and give them all the time, energy, and focus they deserve
Schedule your free consultation today with our firm to learn more about why our team is the right choice to handle your probate litigation case.
How Can a Probate Litigation Attorney Help?
If you are involved in probate litigation, then your inheritance is likely at stake. Having an experienced lawyer on your side throughout this process is crucial to protecting yourself. Some ways a probate litigation lawyer can help you include:
- Contesting a will or trust that you believe is invalid or inaccurate
- Gathering evidence to prove the mental incapacity of the person who executed the will
- Exposing potential situations of elder abuse or beneficiary fraud
- Negotiating a settlement that works for all parties involved
- Filing a lawsuit and taking your case to court when settlement negotiations stall
Remember that there are certain deadlines and timeframes associated with many of the steps in the probate process. Failing to raise your concerns prior to these deadlines may waive your right to assert your claim at all. If you believe your loved one’s wishes are not being carried out appropriately, contact the team at Albertson & Davidson today to let us help.
The Basics of Probate in California
Probate is a term that is frequently used, but many people do not understand exactly what it is. Probate is the legal process by which the assets of the deceased are administered and distributed. Probate will typically follow one of two paths – either with a will or without a will. A San Diego estate litigation lawyer understands the legal intricacies of either situation and will fight for your justice.
With a Will
If the deceased had a will, the will should name an executor. The executor is responsible for administering the estate. This person will file a copy of the will with the probate court, and the court will appoint the official executor – usually the one named in the will.
The executor is then responsible for paying any taxes and debts of the estate, collecting any money owed to the estate, and gathering and distributing all the assets. The executor is responsible for distributing the assets according to the will, and a report must typically be given to the court that proves all of this has taken place.
Without a Will
Things get a little more complicated when someone dies without a will. In that situation, the court will appoint an administrator to manage the estate. The administrator must identify the heirs, pay the bills and taxes, and distribute the assets according to the intestate succession laws of California. Under these laws, the estate typically passes to the next of kin, such as a spouse, children, parents, and so on.
What is Probate Litigation?
Probate litigation can potentially arise at many different stages of the probate process. First, there could be disputes about the validity of a will. If a potential heir raises concerns about the validity of a will, the court will need to hear evidence prior to admitting the will into probate.
Another common area of probate litigation includes executor or administrator misconduct. Unfortunately, not everyone who is tasked with administering an estate has the best interests of the heirs in mind. Some individuals use this as an opportunity for personal gain, and they may misuse or abuse funds or assets from the estate. They may also distribute assets in a manner that is not in accordance with the details of the will.
When this happens, potential heirs of the estate may ask the court to intervene. The court may require the administrator to provide a detailed accounting of the estate’s expenses and distributions. If an administrator is stealing from an estate or improperly distributing assets, an experienced probate litigation lawyer can help stop the situation and hold the responsible party accountable.
If you have a probate concern, it is important that you act quickly. Waiting too long can make it much more difficult to repair the damage that has already been done. In some cases, waiting too long may even cause you to lose your legal right to make a claim. Contact Albertson & Davidson today to let us get started helping you and ensure that you do not lose your opportunity to have your voice heard.
Schedule a Free Consultation With a San Diego Probate Litigation Attorney
If you have concerns about the way your loved one’s estate is being handled, contact the team at Albertson & Davidson right away. Our experienced lawyers devote all their time to handling complex probate and estate litigation matters, and we can help you through every detail of your situation. We believe in helping people resolve their problems and putting together creative solutions that help our clients get a desirable outcome.
Contact us today online or call (858) 209-2309 to schedule a free consultation so that we can learn more about your situation and put together a winning strategy.