Estate PlanninG
Understanding Probate Litigation

Probate Litigation

Legal Disputes over Wills and Estates

Even when a person leaves behind a will after his or her death, there might still be issues that lead to probate litigation. If you are trying to contest a will or trust, then don't hesitate to call one of our San Ramon probate lawyers. We can make sure that your rights as a beneficiary are properly protected.

Probate litigation generally occurs when someone makes legal challenges concerning how a will was established or how the will or estate is being executed. These types of legal disputes are often carried out by close family members who are beneficiaries of the estate, though other parties who have interest in the estate could also be the ones to carry out litigation. In certain cases, someone might challenge a will because that person believes he or she received an unfair amount from it, or even because he or she is a close family member who was completely excluded from the will.

Here are a few of the many reasons why probate litigation might occur:

  • A party of interest might contest the validity of the will. For example, the party might claim the will is invalid due to the occurrence of fraud, procedural mistakes, undue influence or a lack of the testator's legal or mental capacity (testamentary capacity) at the time that the will was established.
  • A party is disputing how the decedent's property was accounted for.
  • A party is claiming that there has been a breach of fiduciary duty, such as by an executor or trustee.
  • A party wants to change a guardianship or conservatorship order.

How Our San Ramon Probate Lawyers Can Help

At Santaella Legal Group, APC, our San Ramon estate planning attorneys can help you and your family with your probate litigation needs, whether you are challenging a major problem with how your loved one's estate is being handled or you need defense against the claims of others. In addition to handling these matters after they reach court, we also help clients implement the right estate planning solutions so they can have better chances of preventing probate litigation from occurring in the future.

Do not hesitate to contact us so we can help you strategize how to handle your case in court.

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