Costa Mesa Estate Litigation Lawyer

Costa Mesa Estate Litigation Attorney

Whether you don’t agree with the administration of an estate or a beneficiary is challenging your handling of the estate, a Costa Mesa estate litigation lawyer can help. You can benefit from the professional legal counsel at Ross Law Group, APC, a California estate planning law firm when litigation becomes necessary.

What Is Estate Planning and Administration in CA?

Estate planning is a legal measure a person may take to express their wishes for how their property is to be handled upon their death. A person’s estate may include assets such as their bank accounts, personal possessions, business enterprises or interests, investments, real estate, and more. An estate also includes a person’s debts and other financial liabilities.

Estate plans will look different from person to person, but common estate documents include an individual’s will and trust. Litigation can come about when the beneficiaries, heirs, family members, or other interested parties of an estate disagree. Disagreements may concern a variety of different issues, such as the validity of the decedent’s will or trust.

Understanding Probate Litigation in Costa Mesa, California

Probate is the legal process of settling a deceased person’s estate, including carrying out the terms of their will and resolving any debts or tax obligations left unaddressed. A person’s will first must go through probate court, where the will document must be validated, and a willing, competent executor of the estate appointed. The executor then goes forward with settling the decedent’s affairs, but numerous issues may arise during the administration of the estate.

Potential reasons that may lead to probate litigation can begin early on during the process. For example, someone may challenge the validity of the will or trust—while trusts typically avoid probate, if an interested party has an issue with a trust or its administration, the matter must go to court—or challenge the currently named or appointed executor of the estate.

Other reasons an interested party may file a challenge and instigate probate litigation include asking the court to suspend the executor’s powers, requesting a court order that forces the estate administrator to perform a specific action, claiming damages against the executor, and wanting to reclaim property that’s believed to belong within the probate estate’s possession.

Trust and Estate Litigation Requiring a Capable Attorney

Trusts are a type of estate planning document that holds certain properties the decedent placed into it prior to their death. The main appeal of a trust is that all assets within it don’t have to go through the process of probate, saving loved ones the time and costs of going through court. Instead, the trust administrator, or trustee, settles all matters regarding the trust privately outside of court oversight. However, trust litigation warrants any related disputes to be heard in court.

Trust litigation may come about for several reasons, but the ultimate goal is to right any wrongs that occurred or were caused, ensuring the trust is administered as intended according to the decedent’s wishes.

Some potential issues requiring litigation include the suspicion of mismanagement by the trustee, either irresponsibly or with ill intent, breach of fiduciary duty, challenging the validity of the trust (e.g., altered or interfered with), and family members or other interested parties asserting their entitlement to the estate, a larger portion of it, or certain assets.

Litigation may also arise prior to death in the case of a living will if an interested party claims undue influence or a lack of capacity of the trustor, the person who creates a trust. Undue influence implies the trustor was improperly influenced by another party to create an aspect of the trust’s specifications, such as who the beneficiary of a particular property should be; this also insinuates fraud and challenges the trust’s validity.

Lack of capacity implies the trustor is not in a mental state to create a legally enforceable trust. This type of trust litigation dispute is more likely when the trustor is older or infirm when attempting to create, update, or change a trust.

FAQs

Q: What Is a Breach of Fiduciary Duty in Estate Law?

A: A breach of fiduciary duty in estate law refers to the “breach of trust” by the trustee of an estate’s trust. The trustee is the personal representative of a trust within a deceased individual’s estate and is responsible for administering the trust according to the deceased’s wishes.

The trustee could be accused of breaching their fiduciary duty if their conduct was to the detriment of the trust, its assets, or beneficiaries—whether through negligence or intentionally and with purpose.

Q: Can Someone Challenge an Estate for Any Reason?

A: No, an interested party cannot challenge the estate or dispute a decision regarding the estate’s administration or validity for any reason. A beneficiary, heir, or other interested party of an estate is allowed to bring their concerns to the court only if they suspect there has been misconduct, a mistake, poor judgment, fraud, or another valid and legal reason to challenge an estate.

Q: Can I Take Legal Action Against an Estate Administrator?

A: It is possible for you to take legal action against an estate administrator if you have a valid reason or concern for doing so. You cannot file against the estate or the administrator simply because you dislike how they’re conducting their duties or believe you’re entitled to more property than you’ve received.

Lawful reasons you may challenge an estate administrator are if you believe they’ve breached their fiduciary duty, have mishandled the estate, or aren’t capable of properly administering the estate.

Q: When Would I Need an Estate Litigation Lawyer?

A: You may need an estate litigation lawyer if you worry a loved one is or was under undue influence or lack the mental capacity to draft or change their living will or living trust. You may also require an estate litigation attorney if you have reason to suspect an administrator of mishandling the estate or another interested party challenges you as the estate administrator.

Experienced and Skilled Estate Litigation Attorney

Estate administration in Costa Mesa can be a stressful experience, whether you’re the executor or trustee administering the estate or simply a concerned loved one of the deceased. If you need help with estate litigation, contact the team at Ross Law Group, APC, today.