Pacific Palisades Probate Litigation Lawyer

Pacific Palisades Probate Litigation Attorney

When an individual passes away, their will must go through probate court. The deceased’s estate plan can often be carried out according to their wishes and with minimal delays. However, when one or more parties involved have an issue with the will’s validity, the estate’s administration, and similar issues, probate litigation can follow. Whether you are an executor, a beneficiary, an heir, or another concerned party, a qualified Pacific Palisades probate litigation lawyer can assist you.

What to Know About Hinojosa & Forer LLP

Hinojosa & Forer LLP is one of the oldest boutique estate administration and litigation firms in California. Our skills and substantial experience allow us to represent clients efficiently and effectively, with a focus on successful results. We are dedicated to serving the unique interests of our clients within trust, conservatorship, and estate litigation or administration matters.

When You Should Hire a Probate Litigation Lawyer

After a person has died, their estate must go through the legal process of probate. The purpose of probate court proceedings is to make sure the individual’s assets and property, except for those under a trust or other non-probative measures, are properly distributed and taken care of according to the deceased’s will. Probate can be a relatively simple and straightforward process, although there is the potential for litigation to arise during the proceedings.

Certain common legal disputes can come up during probate, for which you may want to hire a probate litigation lawyer:

• Choice of administrator or executor. Typically, the executor of a person’s estate is named by the deceased individual within their will. However, probate litigation can arise when a family member or other involved party disagrees about who should serve as executor.
• Contesting or upholding the validity of an estate plan. Probate litigation may be needed if the validity of an estate plan document, such as a will or a trust, is called into question. Two reasons why a will may be contested involve allegations of undue influence or fraud at the time of the document’s creation.
• Disputes over ownership or the division and distribution of property. Beneficiaries of an estate may dispute the contents of the will, such as who should inherit certain assets of the estate and other matters regarding how the estate should be divided and distributed.
• Breach of fiduciary duty. Executors, trustees, and other fiduciary roles have a duty to protect the assets of the estate. Litigation could arise if family members or beneficiaries of the estate have concerns about an administrator upholding their fiduciary duty.
• Heirship petitions. If a person dies with no valid estate plan in place, a formal request, known as an heirship petition, can be submitted to a probate judge to determine how the estate’s assets are to be distributed.

In Fiscal Year 2021, there were at least 54,800 probate cases filed throughout California, and over 57,800 total probate cases filed in 2022. In Fiscal Year 2023, the number of probate filings in California was at least 60,286 cases.

Choose the Experienced Probate Litigation Attorneys at Hinojosa & Forer LLP

At Hinojosa & Forer LLP, our skilled and experienced probate attorneys can keep you regularly updated about the progress of your case. We can find a successful resolution to your probate dispute. Our team has extensive experience with probate litigation cases in Pacific Palisades and the larger Los Angeles County area.

Cases in Pacific Palisades will likely be heard in the Los Angeles County Superior Court, specifically, at the Probate Division at Stanley Mosk Courthouse. This courthouse is located at 111 North Hill Street, Los Angeles, CA 90012. Depending on where you live and other potential factors, the courthouse that handles your case can vary. Be sure to consult your probate attorney to find out which  venue is proper for your case.

FAQs

What Are Common Reasons for Probate Litigation?

There are several reasons why probate litigation may arise. Litigation can occur early on if there are disputes regarding the validity of the will document, such as allegations of its creation occurring under duress, undue influence, or if it was executed when the decedent lacked testamentary capacity.

Probate litigation could also come about if an involved party has issues with who should be appointed to be the executor or how the executor is conducting the estate administration. Disputes also arise over disagreements regarding particular assets and their division or distribution.

How Does a Probate Dispute Get Resolved in CA?

In California, each probate dispute case is different and may require a unique approach to resolve. Probate litigation largely follows civil rules with respect to discovery, so any party involved can propound discovery, subpoena documents, take oral depositions, present proof, and offer testimony to support their perspective on the issue. Testimony usually occurs during an evidentiary hearing or a trial to resolve the dispute. You can discuss how your specific dispute may be resolved with your attorney.

Why Should I Work With a Probate Litigation Lawyer?

Probate litigation laws can often be complex, so it’s helpful to consult a legal professional who’s very familiar with probate court, its expectations, and its various processes. Probate can be time-consuming, tedious, and overwhelming. If you’re dealing with issuesduring  an estate administration, you shouldn’t simply ignore it, and you don’t have to navigate it alone.

How Long Does Probate Litigation Usually Take?

There is no average timeline that probate litigation usually takes since each case involves different circumstances. In general, a particular probate dispute may take anywhere from several months to a year or longer to fully resolve, depending on various factors. A probate litigation case may take longer if:

• The dispute is complex.
• The matter is highly contested.
• Certain evidence is required.
• There are court delays.

Hire a Probate Litigation Attorney in Pacific Palisades

At Hinojosa & Forer LLP, a skilled Pacific Palisades probate litigation attorney can find a favorable solution to your case. Reach out to our team today to schedule an initial consultation and speak with an experienced probate litigation lawyer.