Westwood Probate Litigation Lawyer

Westwood Probate Litigation Attorney

As fewer Americans leave a will when they die, their inheritors or family may endure a legal process called probate before the property and assets in their estate can be distributed. If the deceased lived in the Westwood area, probate will be handled through the Superior Court of California for the County of Los Angeles. A Westwood probate litigation lawyer can help when there are disputes concerning the validity or terms of a will.

Hire a Probation Litigation Lawyer in Westwood

Whether or not the decedent has a will, if there are disagreements on how to distribute their estate, you may want to hire a probate litigation lawyer. Our Westwood probate litigation attorneys at Hinojosa & Forer LLP can help with tasks such as:

• Contesting the decedent’s will
• Resolving challenges raised by heirs or potential heirs
• Navigating the probate process when parties disagree
• Defending your interests in the estate
• Appealing a probate court decision

Chances are many families will  run into the problem of having no will or having a contested one. We can help successfully defend your interests while ensuring fairness and adherence to the probate litigation laws in California. This can allow for fewer painful or discomforting conflicts and a smoother probate process for all concerned parties.

Why Do I Need Probate Litigation?

When a decedent has a will, they often name a person to oversee their estate, called the executor or administrator of the will. Depending on the value of the assets in the estate, this person may need to go through probate to settle any debts or taxes owed by the deceased and dispense any inherited items to the appropriate parties.

If there is a question about the executor’s faithful execution of the will, the decedent’s mental capacity at the time of the writing of the will, or any other concern about the validity of the will, you will need a probate litigation lawyer.

If the person does not have a will and there is property that needs to go through probate, the court will need to appoint someone as the personal representative of the estate. California probate laws determine this appointment based on the order of priority under the Probate Code, which begins with spouse, children, grandchildren, parents, and then siblings.

This process, while determined by law, can lead to disagreements over how the estate is divided or what the decedent’s true wishes were. It can be an emotionally charged time for the decedent’s close family members and loved ones.

A good probate litigation attorney can help you settle any disputes and shield you from family dynamics, providing an objective perspective without the uncomfortable emotional consequences of familial disagreements. They can mediate between you and any other parties, working toward the most favorable outcome.

Contesting a Will in Westwood

Contesting a will means proving that it does not accurately reflect the wishes of the decedent or that there is a question about its validity.

You may challenge the validity of the will under the following circumstances:

• The testator’s mental capacity at the time of the will writing is in question
• Undue influence
• Suspicion of fraud
• Improper execution

In 2024, California Superior Courts had 42,152 probate-related filings. This can be a stressful, time-consuming, and confusing endeavor after the death of a loved one, even when litigation isn’t involved.

Under California Probate Code § 8270, you have only 120 days to challenge a will after it is admitted to probate.

Why Choose Hinojosa & Forer LLP?

At Hinojosa & Forer LLP, our team is efficient and results-oriented. As one of the oldest boutique estate litigation firms in the state, we have learned what works and what doesn’t work in probate litigation cases. Our Westwood probate litigation attorneys have decades of combined experience in probate litigation, and we can help you through this time with compassionate and skilled guidance.

FAQs

What Is the Difference Between a Probate Lawyer and a Probate Litigation Attorney?

The difference between a probate lawyer and a probate litigation attorney is the services they provide. A probate lawyer can help you navigate the probate process, assess the decedent’s estate, communicate with creditors, and file and distribute assets.

When a dispute arises, a probate litigation attorney is necessary to defend your interests. A dispute can be a contestation of a decedent’s will, disagreements over the distribution of assets,  or claims of fiduciary misconduct, among other claims.

How Much Do Probate Litigation Lawyers Cost in Westwood, California?

Because litigation goes beyond what are considered normal probate services which are based on a formula based on the value of the estate, a probate litigation lawyer generally charges an hourly fee. The cost of a probate litigation attorney varies by location and the complexity of the probate case.

Why Should I Hire a Probate Litigation Lawyer Rather Than Represent Myself?

You should hire a probate litigation lawyer rather than represent yourself because probate disputes can be complicated to navigate on your own. A probate litigation lawyer can provide the knowledge and understanding needed to successfully advocate on your behalf. They are well-versed in probate law and know what documents and proof you will need to establish your case. .

How Long Does Probate Litigation Take in Westwood?

Since they are in LA County, probate litigation cases in Westwood may take longer than a standard probate case due to the court’s busy calendar, but still vary widely. They are contingent upon court dates, hearings, continuances, filings or motions, and any discovery in the case. This is why it is important to hire a skilled probate litigation attorney as soon as you know there is a reason to contest the execution of a will or the distribution of an estate.

Contact Hinojosa & Forer LLP

Whether you are contesting a will or representing an estate that another party is contesting, we can help you follow California’s complicated probate litigation laws and represent your interests in mediation or in court. Contact Hinojosa & Forer LLP today for a consultation.