When a relative passes away, they leave behind their estate consisting of all the possessions named in their will and those not held by a trust or designated beneficiaries. Estate issues may emerge in a variety of situations. Legal disagreements between parties with an interest in a deceased’s estate are known as estate litigation disputes. Because California’s estate and trust rules are complicated, Los Angeles estate litigation is a highly specialized practice area. Employing a skilled and informed estate attorney is essential in the following situations:
The legal form known as a last will and testament specifies who the deceased intends to administer their estate. It also identifies who will receive the dead person’s assets and property. A judicial proceeding called a “will contest” questions the legality of an alleged will. Allegations of forgery, lack of mental ability, or improper influence are some of the most frequent will contest types.
Time is essential if you are considering contesting a will since you will only have a short window of opportunity to do so once the will has been admitted to probate. Consulting estate litigation attorneys in Los Angeles to find out if you have sufficient grounds and standing to contest a will is helpful.
Left out family members
Family members who are left out of an estate are one of the most frequent subjects of litigation. This can be a sensitive matter due to the possibility of a family member being purposefully omitted from a will or trust or overlooked during the legal procedure. A spouse, kid, sibling, parent, or another relative may be omitted from the list of family members.
When a family member is absent from a will, trust, or other estate documents, they typically have the legal right to claim their just part of the estate. An “omitted family member claim” is a legal action that can take a long time and be challenging to navigate, which is where an estate litigation lawyer comes in.
Designations of beneficiaries
A beneficiary is a person designated in a will with the right to inherit estate property. Real estate, personal property, and earnings from various accounts all fall under the estate property. There may be disagreements over who should be designated as the beneficiary. Claims of forgery, fraud, undue influence, or insanity leading to the beneficiary being nominated are frequent.
Estate liquidation issues
When an estate cannot pay off debts or distribute assets to beneficiaries, estate liquidity issues can occur. When an estate is insolvent—when its total liabilities exceed its total assets—problems with estate liquidity can also arise. Also, this can happen when the estate is improperly run or has not received enough funding.
Conflicts in estate litigation in Los Angeles can be a challenging procedure for all parties. Comprehending the legal process and being familiar with the relevant legislation when making a claim or rebutting one is crucial. A qualified attorney with experience in estate dispute law can guarantee the best result.