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Experienced Sacramento Probate Litigation Attorney

Representation for Estate Litigation - (916) 343-8488

Navigating probate court can be a complicated process. Many people do not fully understand the legal processes involved in probate until they are in the midst of it. Family members and loved ones of the decedent may disagree on the administration or distribution of the estate. This can lead to an estate dispute and probate or trust litigation.

At Yonano Law Offices, P.C., we have over 28 years of experience helping clients obtain favorable resolutions in probate litigation matters. We are dedicated to ensuring that our clients' rights are protected. If you find the need to contest probate, our estate litigation attorneys can put that experience to work for you.

If you find yourself facing any of the following concerns, contact our office as soon as possible:

  • A belief that the creator of the will was coerced into creating a will under false pretenses
  • A belief that the creator of the will did not have stable mental capacity at the time the will was created
  • Suspicion or evidence that a mistake occurred in executing the will's terms or distribution of assets under California probate laws
  • A suspected breach in fiduciary duty by the estate executor or representative
  • A disagreement about the appointment of an administrator for the probate process

If there are any beneficiary complaints, or any portion of a will was incorrect, you should speak with Yonano Law Offices. Our probate litigation lawyers also can defend a personal representative who has been accused of breach of duty.

Grounds to Contest a Will in California

Do you have concerns regarding the legitimacy of a will? Numerous different problems are recognized as grounds for contesting a will during or prior to probate.

The state of California provides four legal grounds for challenging a will:

  1. The will was not signed properly - A will must be signed by either the testator or in the testator's name by their direction. The signing must also be witnessed by at least two other persons.
  2. The testator lacked the mental capacity to make a decision - Testators must have sufficient metal capacity to understand the nature of the act of signing the will and the situation of their property. They must also be able to remember their individual relations and others affected by the will. Finally, they must not suffer a mental health disorder with symptoms that include delusions or hallucinations that may affect the distribution of their property.
  3. There is suspected undue influence or coercion in the execution of the will - The testator must act in their own free will, without influence from excessive persuasion. Influencing parties may intimidate the testator or use their authority over the testator to create a result in the will.
  4. The will was procured through fraud - Potential beneficiaries may not provide false information to cause the testator to change their will. Examples of this include telling lies about a beneficiary to cause the testator to exclude them from the will.

Interested parties can contest a will in California by objecting to a petition to probate the will. If a will has already been submitted to probate, you can petition California courts to revoke said probate.

If you ever have concerns over how an estate is being handled, it is important to consult with an attorney with probate experience right away. Probate litigation hearing are often held locally to where the decedent died, so it is also important to work with a lawyer who is familiar with the local probate courts and laws in the Sacramento area.

Help Resolving Your Probate Litigation Matter

If you have questions or concerns regarding any legal matter, it is always important that you speak with an attorney. At our Sacramento law office, we are proud to assist clients with obtaining favorable resolutions to their litigation matters.

Our founding probate lawyer, Nick Yonano, has successfully litigated numerous cases for clients in Northern California. If you are looking to reduce the stress and complications that you are facing, contact Yonano Law Offices today.

Let us help you protect your rights. Schedule a consultation with our experience probate litigators serving Sacramento, CA.

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