Southern California Wills and Probate Litigation Attorney
Probate litigation can occur for any number of reasons. And when it does, you want an experienced probate litigation lawyer at your side. Joseph E. Deering, Jr., Attorney at Law, has practiced as a Southern California wills attorney, serving clients in southern California since 1972. Our Southern California probate law firm provides probate litigation through our Santa Monica and Pasadena offices.
What types of probate disputes can arise?
- Mental incapacity when signing a will or Santa Monica trust: Aging seniors may suffer from dementia or Alzheimer’s disease, which reduces their mental capacity in expressing their wishes in a trust or will. Disputes can arise over whether the deceased person was mentally competent at the time of the drafting and signing of a trust or will.
- Conflicting wills of different dates: Sometimes more than one will is presented for probate. If the will’s terms are dramatically different, disputes may arise over which will is valid.
- Undue influence over the person writing the will or trust: Relatives may accuse other relatives or family friends of manipulating an elderly person to change or write a will in their favor.
- Alleged will or trust forgery: A will or trust that is not properly notarized or a signature that does not represent the deceased’s handwriting may come into question.
- Improperly written or ambiguous will or trust: A trust or will that does not comply with current laws or that fails to address certain assets may leave ownership of those assets or the entire trust or will in dispute.
- Improper execution by the will executor or trustee: The failure of an executor or trustee to abide by the terms of a trust or will can lead to conflicts among beneficiaries.
When is litigation required and how can it help resolve disputes?
Individuals or groups of family members may turn for Santa Monica elder law help when they cannot resolve will or trust disputes among themselves. Their lawyers can either negotiate settlements on their behalf or represent them in court. Despite the fact that legal costs diminish the value of an estate, inflamed emotions sometimes make litigation the only effective resolution method. Having an experienced Southern California wills lawyer to represent your interests can prove invaluable.