Probate and Trust Litigation
Long Beach | Downey | Irvine, California
Estate, Probate and Trust Litigation
The two most common types of estate-related disputes we encounter are will contests and trust disputes. Given the emotional nature of such disputes and their potential financial impact, it is critical that anyone involved in such a dispute retain highly qualified legal counsel such as Velasco Law Group.
Will and Trust Contests
When a family member passes away, it is not unusual for family members to get involved in a dispute over the validity of a will or trust. Wills and trusts may be challenged on a variety of legal grounds, including:
- Proper Execution: A will must be properly executed. If the will was not properly signed and witnessed, the will may be subject to challenge.
- Lack of Capacity: A person must be of sound mind when he or she executes a will or trust. A will or trust may be challenged for a lack of capacity if it is determined that, at the time the person executed the instrument, he or she did not have sufficient mental capacity to make fully informed decisions concerning the distribution of their estate.
- Undue Influence: Unfortunately, there are times when an individual may have engaged in undue influence over a decedent prior to his or her death. This usually occurs when that individual tries to persuade decedent to change their estate plan to unfairly benefit the individual. This is especially common in cases where the decedent was suffering from Alzheimer’s or dementia, in a weakened mental condition or state of diminished mental capacity.
- Trust Disputes Our team of estate litigation attorneys, works to resolve trust disputes as amicably and efficiently as possible. We have experienced representing both trustees and trust beneficiaries. Trustees have a fiduciary duty to trust beneficiaries. Trust disputes may arise when a trustee has mismanaged or misappropriated trust assets, or because a trustee is not properly communicating or cooperating with trust beneficiaries.