Trust and Probate Litigation

N.M Law understands that the last thing people want to do after the death of a loved one is fighting with others over their loved one’s estate or trust. There are times, however, when compromise is impossible or a wrong needs to be made right. That’s where N.M Law’s expertise in the area of probate and trust litigation is invaluable. Probate and trust litigation in its broadest sense is a term used to identify petitions litigated in California’s Probate Courts involving disputes related to contested probate estates and trusts, the administration of probate estates and trusts, and breaches of fiduciary duties by personal representatives and trustees.

Probate and trust litigation encompasses numerous types of legal actions including:

  • Petitions contesting the validity of a portion or the entirety of a will or trust based on allegations that the testamentary instrument was signed by a decedent at a time when they lacked the mental capacity to understand what they were signing.
  • Petitions challenging the validity of a will or trust based on claims that the testamentary instrument was procured by undue influence or financial elder abuse.
  • Petitions disputing a gift under a will or trust, or outright disinheritance.
  • Petitions challenging the authority of a personal representative or trustee, including efforts to remove these fiduciaries from their position and hold them liable for the monetary losses their behavior caused the probate estate or trust and their beneficiaries.
  • Petitions to compel probate and trust accountings.
  • Petitions to interpret ambiguous trust provisions.
  • Petitions to modify trusts based on changed circumstances or if an irrevocable trust, upon the unanimous agreement of all beneficiaries.
  • Petitions to fund a trust posthumously with real and/or personal property where the decedent’s testamentary intent is documented with regard to that property, i.e., a Heggstad Petition.

These are just a few types of petitions N.M Law’s attorneys litigate every day in Probate Courts throughout California. We offer comprehensive advice based on our years of experience and creative approach. If you have a question regarding a pending or potential probate and trust dispute, contact the litigation attorneys at N.M Law for a free consultation.

Disclaimer: This information is intended to provide a general summary of laws in the State of California and should not be construed as a legal opinion nor a communication which forms an attorney-client relationship with the reader.
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