Trust & Probate Disputes
Trust & Probate Disputes
N.M Law understands that the last thing people want to do after the death of a loved one is fight 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. Some frequently asked questions from families are as follows:
Our trust or probate litigation attorneys will need to get the facts but this sounds like a bad actor wanting to inherit wealth through fraudulent acts.
Every case is different and we would need to look at the exiting will or trust, where you are at with the entire estate and how the formation of documents were set up. If you suspect this is a likely scenario discuss your case with us swiftly.
California Probate and Trust Litigation encompasses numerous types of legal actions including:
- Petitions contest 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.
Testimonials
John Schroeder was brought on to work on my case with Samantha and they updated/collaborated with Noelle. Noelle, Samantha and John are all patient, direct and very personable. Their knowledge and professionalism are exceptional. NM Law was successful in achieving a Settlement Agreement under difficult circumstances amongst people with little trust in one another. Thankfully we did not have to bear the cost of going to trial, however, I have complete confidence that NM Law would have prevailed if we had.
I highly recommend NM Law. I look forward to working with them again, but this time to plan my estate.
I want to thank you and your staff for the courtesy extended to us during our family's pending emergency deadline.
Mr. O'Grady spoke to my brother and gave us his best recommendation regarding my father's estate.
It is really hard to speak, and even harder to "plan" generational wealth with a parent in terms of assets, intentions, and mortality, but it is a necessary conversation to have, if only to lessen the unfairness of life that eventually catches up to all of us.
Our family tried to bring justice to my father's death within this probate process and found no justice, this system must be changed, so that a fairness is inherit within this system and not just a scam—lots of hard lessons to be learned from a broken probate process.
In either case, thank you again for giving our family the attention and direction we sought. The adage is true, not all lawyers are the same. Looking forward to working with your office in the near future, as we don't want to repeat this experience with our Mom.
Gracias,
Abraham
We highly recommend NM Law for your estate planning needs.
I highly recommend NM Law.
Charities We Support
We dedicate pro bono time, volunteer services, and a percentage of our gross revenue to these organizations. In 2023, we sponsored a refugee family of five to come to the United States and start a new life.
Each year our law firm decides as a group which charities to assist with our time, money, and expertise. Please feel free to click on any of the charities below and make a donation of your own.
