El Dorado Hills Probate Litigation Attorney
Representation for Estate Litigation in Sacramento
Navigating probate court can be a complicated process. Many people do not fully understand probate proceedings 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 decedent's 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 attorney 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 or trust was incorrect, speak with Yonano Law Offices. Our probate litigation lawyer in El Dorado Hills also defends personal representatives 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:
- 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.
- 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 that may affect the distribution of their property. Such mental disorders typically have symptoms such as delusions or hallucinations
- 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.
- 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 have concerns over the handling of an estate, consult with an attorney with probate experience right away. Probate litigation hearings are often held locally to where the decedent died. Therefor, it is important to work with a lawyer who is familiar with local probate courts in the Sacramento area.
Understanding Elective Share in California
Many people expect that a will represents the final word on who is considered a beneficiary of your estate. However, the state of California does have some specific laws that can guarantee a portion of property to certain beneficiaries not named in the will.
In California, spouses are entitled to either an elective share of the estate or community property. This means fully disinheriting a spouse is not legally possible unless the decedent officially divorced their spouse.
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 law office, we proudly assist clients across Northern California in obtaining favorable resolutions to their litigation matters.
Our founding probate lawyer, Nick Yonano, has successfully litigated numerous cases for clients and their families. If you are looking to reduce the stress and complications that you are facing, contact Yonano Law Offices, P.C. today.
Let us help you protect your rights. Schedule a consultation with our experience probate litigators serving El Dorado Hills, Sacramento, and the surrounding areas in Northern California.
We have handled probate cases for more than 28 years.
We are a full-service litigation firm serving all of Northern California.
Attorney Yonano is a member of several U.S. District Courts & U.S. Supreme Court Bar.
Attorney Yonano is a certified and licensed California real estate broker.