Riverside and Orange Counties Lawyers for Will Disputes
The complexity of today's family has complicated the legal procedures that follow a death in the family. Split and blended families, families involving remarriage or new relationships after 50, and long distance families are frequently confronted by conflict when a will or trust does not conform to beneficiaries' expectations. Adult children may question why their elderly father's estate was left entirely to his new girlfriend. Siblings may inquire about the unequal distribution of inheritance amongst each other. An entire family left out of a will may have reservations upon learning the estate was left to a caregiver.
Will and trust disputes following a death in the family can quickly compound the problematic relationships that have existed for years. The probate attorneys at the Walker Law Firm have the experience necessary to handle delicate issues between family members and other interested parties in disputes involving wills or trusts.
Understanding California Probate and Trust Administration
When a loved one dies, his or her assets are passed to beneficiaries as directed in a will, trust, or other estate planning instrument. When a loved one dies without any form of estate planning directions, property passes to heirs according to the state's intestacy laws. However, before any assets are transferred to the beneficiaries, certain legal procedures must be followed. When the decedent's assets are held in a living trust, the successor trustee administers the trust and distributes property to beneficiaries as directed by the trust instrument. Any assets not held in a trust sometimes must pass through probate prior to distribution to heirs.
Representation in Will Disputes and Trust Disputes
If you have concerns regarding the validity of a will or a trust or trust amendment, you can bring an action to challenge the document. Our attorneys are focused on ensuring that the decedent's assets pass to others in accordance with his or her wishes. Unfortunately, it is possible that the will or trust does not correctly convey those wishes. Will contests and trust disputes can involve:
- Undue influence: Undue influence can be placed on someone with or without their knowledge. For example, a caregiver may compel a vulnerable adult into changing named beneficiaries after repeatedly berating the love, care, and support of family members who live in another state and cannot visit as frequently as they would like.
- Incapacity: Having sound mind is an essential requirement when establishing an estate plan. When a person makes changes in their will or trust after advanced stages of Alzheimer's have set in or after a mental or emotional state has clouded their perception, the changes may not accurately reflect how they intended to pass their estate to others.
- Fraud: Many factors can raise concerns about possible fraud involving wills or trusts. Did the decedent's power of attorney or conservator fraudulently make changes to a will or siphon assets from a trust for personal gain? Was a will forged or fraudulently modified? Was the most current last will and testament destroyed?
Whether you have concerns about your inheritance and wish to contest a will or trust, or you need assistance in defending the validity of beneficiary designations in will or trust disputes, the attorneys at the Walker Law Firm can assist you.
