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What are the common types of disputes in probate litigation in Sacramento?

Probate Litigation

My Loved One Has Passed; How Will I Know If I Must Contest Their Will?

When a loved one dies, there’s usually enough to be decided upon. Still, a relative or beneficiary sometimes feels that the Will (or trust) may not be genuine, misleading, or fraudulent.

When This occurs, deciding whether to contest probate (and the Will or Estate) can be intimidating and confusing, adding to an already highly stressful situation.

As a loving family member, you may not want to “stir the pot” or make another family member angry by filing a dispute; sadly, this is sometimes necessary.

However, your deceased loved one would want you to receive the inheritance you deserve. Therefore, the truth must be revealed if anyone’s actions were dishonest when the Will or Trust was formed.

One of the wisest ways to determine if probate litigation is necessary is to consult with a skilled, experienced, and knowledgeable probate lawyer. They will listen to your concerns, possibly analyze documents, and significantly help make this stressful decision.

Your probate lawyer is best qualified to answer all your questions, and you must provide them with the most precise picture you can for them to help you the most. Always answer your lawyer’s questions honestly to help them fully understand what occurred during your loved one’s estate management and more.

A few of the questions they may ask you are;

  • Do any beneficiaries or family members have a history of irresponsible behavior?
  • At any time, did your family members not communicate with each other?
  • Was there any contention between certain family members and the decedent?

These are only a few examples, but if the answer is yes, there might not be probable cause for a dispute and probate litigation.

What Are Some Other Issues That May Come Up With a Will?

Probate overall is a very complicated legal process. Still, many probate cases proceed without severe complications; however, depending on your unique situation, many things can cause delays, and many are legally complex and costly.

Having a well-prepared and skilled probate lawyer on your team will help significantly resolve these issues more rapidly and not deplete substantial resources or end fracturing family ties.
Some of the more common issues that may arise during probate are;

  • Is the Will or Trust Valid Under Sacramento Law – There are particular legal requirements for a last will and testament (or trust) to be considered legally valid in Sacramento and all of California.
  • Was Undue Influence Utilized – You might feel that usually, recent changes to the will were wrongfully influenced by another person who was trying to obtain more from the estate and, therefore, deprive the other heirs.
  • What Was the Mental Capacity of the Decedent – The decedent, when the will or trust was drafted, must have had sufficient mental capacity to understand the issues at hand thoroughly. If they didn’t, then the Will could be unenforceable.
  • Do You Dispute the Executor and Why
  • At times, the dispute doesn’t involve the will itself but, instead, the designated executor. If the executor doesn’t follow out their duties correctly, you could file a claim to replace them and possibly hold them legally liable. This could be a complex legal issue, but your thorough and aggressive probate lawyer will know precisely how to proceed if this issue arises.

Can I Also Enter Into Trust Litigation If I Feel the Trust Is Unfair?

If a Trust was legally drafted by the deceased, and you have valid legal issues, you and your lawyer can also litigate to correct the fallacies.

Commonly, though, when a loved one dies, the last thing most families wish to do is fight over these affairs in the courtroom. But, even with the most professionally drafted trusts, this can and does happen.

It’s critical to you and your family that if you have an issue with a will, trust, or possibly real estate, a qualified, well-versed, and empathetic trust and estate Sacramento litigation lawyer will always be of help to make the litigation process less stressful for all of the family.

In Sacramento, litigation issues are always difficult because you must show the court proof of what’s alleged. Still, you don’t have the leeway without having the ability to confer with the prime person who could clear up the problem, the decedent.

It is, therefore, critical that you have a lawyer fighting for you who thoroughly understands all the estate, Will, and trust laws in Sacramento and all of California.

Your probate litigation law team must have the experience, knowledge, and skills to assist you with all your trust and estate litigation needs.

Wills, Trusts, and Estate plans are all commonly crucially binding legal documents, but all can be challenged under Sacramento law if you have the legal and valid proof to do so.

How Do I Begin to Challenge a Will in Sacramento

If a loved one dies, and a Will (or Trust) is involved, specific legal steps must be taken if you have reason and wish to challenge probate.

First, you usually must wait for a family member or someone to offer the will to be admitted into probate.

Once this legal action is done, you (and your lawyer) can file a petition contesting the will within the county where your loved one resided and where the probate was filed.

Another fact you must know is that almost any involved person (not just children, etc.) can contest a California Will.

Usually, this is done relatively rapidly after probate is filed and will object to the executor’s petition to probate the will. If probate has already occurred, you have 120 days of the hearing date to legally contest the Will or any of its contents.

Your lawyer will explain that your petition must be detailed and accurate and state your objections that stand behind your grounds for opposing the will as written.

Always remember that most all Sacramento Wills are presumed to be valid, so if you wish to uphold any challenge legally, you must have a high burden of proof, and time is always “of the essence.

I Feel I Have Grounds To Challenge My Loved One’s Will; How Should I Proceed?

First, you must know that challenging a Will or trust is never an easy legal path to follow, but it could have significant financial and emotional meaning to you and all of your family. Should you choose to take this path, it is never recommended to do it alone; recall that you must have irrevocable and solid legal proof to win the challenge and your case.

The probate litigation lawyers at The Yonano Law Offices, P.C. know this is a complex legal process. Still, they also have the winning history and resources to professionally present your case and stand tirelessly by your side throughout the entire process.

Call them today at (916) 894-8790, and their talented legal team will take all actions necessary to help you and your family prevail. 

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