Mar Vista Estate Litigation Lawyer

Mar Vista Estate Litigation Attorney

If you have legal concerns about a loved one’s estate, don’t hesitate to speak with a qualified Mar Vista estate litigation lawyer. At Hinojosa & Forer LLP, our team of experienced estate law attorneys can answer your questions, provide educated counsel, and guide you throughout your litigation case.

Estate litigators resolve disputes related to wills, trusts, and estates, representing clients in court or negotiations when issues like inheritance conflicts or executor misconduct arise.

They handle cases involving contested wills, allegations of undue influence, or breaches of fiduciary duty, aiming to protect their client’s rights or financial interests. Their work often involves analyzing legal documents, gathering evidence, and advocating for a fair distribution of assets according to the deceased’s intentions or state law.

What Is Estate Litigation in Mar Vista, California?

A person’s estate is the culmination of their assets, including personal property, debts, stocks and investments, real estate, vehicles, bank accounts, and businesses. After a person passes away, various laws go into effect regarding how their estate will be handled, such as who will inherit their property and how financial obligations of the estate are to be settled. Estate planning is a way to prepare for this process by creating legal documents such as wills and trusts.

According to one survey, fewer people are choosing to create a will over the past few years. It’s important to understand the importance and value of proper estate planning and ensuring your loved ones are left with a valid will. One of the foremost reasons for creating a will is that there is less likely to be confusion or legal disputes between family members.

During the period of settling one’s estate, any legal disputes that arise are known as estate litigation. A recent estate planning report estimates that settling an estate without a will, known as dying intestate, takes an average of five months longer to settle compared to an estate with a will that was uncontested. Over the next 30 years, American retirees expect to transfer over 36 trillion in assets to their loved ones, charities, and other beneficiaries.

Types of Estate Litigation Matters Our Firm Handles

Countless issues can arise during estate planning and administration, such as mismanagement of the estate, beneficiary claims, familial conflict, and trust disputes. Here are other common estate litigation matters our law firm has experience handling:

• Conservatorship issues. Estate litigation doesn’t just include matters following a descendant’s death but also important issues during their life and the estate planning process, such as conservatorship. We represent either side in petitions to establish a conservatorship or oppose an unwarranted one.
• Alleged lack of capacity or undue influence. Litigation commonly comes about when there are concerns about a loved one’s will or trust being drafted without the decedent’s complete understanding and willingness. For estate documents to be legally valid and enforceable, they must be the result of the creator’s freely exercised intent without any coercion or undue influence.
• Contested documents. Will and trust contests can lead to litigation when there’s suspicion of fraud, documents drafted with a lack of intent or under duress, or if there are technical mistakes. An estate litigation attorney can also help to address concerns surrounding interpreting the language of a will document.
• Fiduciary disputes or breach of fiduciary duty. Trustees and estate representatives have a duty to ensure beneficiaries act appropriately, including handling the estate’s funds responsibly. This can lead to legal disputes and litigation, whether or not there’s truly been a breach of this fiduciary duty.
• Financial elder abuse. Our law firm assists families looking for remedies to potential financial elder abuse by protecting the legal rights of seniors and managing the effects of the abuser’s inheritance.
• Probate procedures. Whether a person dies with an estate plan in place or not, their will may need to go through probate court. This can be a lengthy process and even potentially litigious, so it’s important to have strong legal representation.

Where Are Estate Issues Handled in Mar Vista, CA?

Estate litigation and related issues usually go through the Probate Department of the county’s Superior Court in California. As a neighborhood within the larger city of LA and its county, Mar Vista estate litigation is generally filed through the Los Angeles County Superior Court system at the Stanley Mosk Courthouse on North Hill Street.

FAQs

Do I Need to Hire an Estate Litigation Attorney?

You’re not required to hire an estate litigation attorney, but it’s recommended that you do. There are numerous benefits these professionals can bring to your legal matters. Estate litigation attorneys can assist whether you are the executor of the will, a trustee, a beneficiary, or another interested party. With the help of a legal professional, you’re more likely to reach a favorable outcome.

How Long Will It Take to Settle Estate Litigation?

How long it may take to settle your estate litigation case in Mar Vista, California, depends greatly on the details of your situation. The ultimate goal of litigation is to ensure each necessary step of the process is accurately and efficiently finalized. This can take some time, especially if the case is more complex. Speak with an attorney about how long your case may take to settle.

What Exactly Is Estate Litigation in Mar Vista?

In Mar Vista, estate litigation is a legal term that refers to any legal disputes regarding how the assets of a deceased person’s estate are handled and distributed. During the estate litigation process, your attorney represents you in and out of court in addition to conducting legal research, reviewing documents, and facilitating negotiations on your behalf. Estate litigation covers a variety of different legal disputes.

Why Does Estate Litigation Usually Happen in CA?

In the state of California, there are many reasons why estate litigation commonly happens. A frequent cause of estate litigation is the lack of a will after a person’s death, or the will is contested due to doubts surrounding its creation and validity. Under these circumstances, disagreements between beneficiaries can easily arise since there’s uncertainty about the decedent’s intent in creating the documents.

Skilled Estate Litigation Lawyers

You can feel confident about your estate litigation case when working with the team at Hinojosa & Forer LLP. Reach out to us today to schedule an initial meeting with a knowledgeable estate litigation attorney.