Burbank Estate Litigation Lawyer

Losing a loved one is always difficult, but it’s even harder when family members are fighting amongst themselves over the estate that’s been left behind. Even if there was a will or a trust in place to ease the stress of distributing assets to heirs and beneficiaries, conflicts can still arise.

When they do, turn to a Burbank estate litigation lawyer for the guidance you need to get through these trying times.

An estate attorney from Barry Law Group can help you fight for what’s rightfully yours.

Why Choose Barry Law Group

Our founding attorney, Steven Barry, opened his law practice firm in 1988 with a mission to deliver dedicated, compassionate legal assistance to those who need it most. For over 30 years, Barry Law Group has served the people of California, helping them secure favorable outcomes.

Whether in the courtroom or in negotiations, we don’t back down from a challenge. We value commitment, compassion, and integrity, and that’s exactly what we strive to deliver to our clients.

What Is Estate Litigation

When issues arise with the execution of a will or the administration of a trust, beneficiaries, executors, trustees, and other interested parties may have to turn to legal action for a resolution. This begins the litigation process, where parties with legitimate standing petition the court to settle the matter at hand. Surprisingly, 55% of adults in the U.S. have no estate plan in place, which creates an entirely different set of complications when someone passes away.

Unlike estate planning, which is the establishment or creation of a will, trust, advance directive, or power of attorney, estate litigation involves resolving matters when it comes time to execute any of those plans.

In Burbank, estate litigation cases end up in the probate division of the Los Angeles County Superior Court, where they are heard before a judge. All parties will have the chance to enter evidence and make their case. This is where an experienced attorney can be especially invaluable.

How Can an Estate Litigation Lawyer Help?

The estate litigation laws in California can be difficult to understand, and making mistakes or not knowing your rights can mean you leave assets on the table. Worse, you can open yourself up to civil or criminal liability. An experienced Burbank estate litigation attorney can step in and guide you throughout this process, helping you understand your rights and fight for what’s rightfully yours.

For fiscal year 2023 to 2024, Los Angeles County had 13,092 probate filings, underscoring just how common estate disputes can be. Whether you need to contest a will as a beneficiary or respond to a challenge as a trustee, Barry Law Group can give you the compassionate support you need in Burbank, CA.

Trusts vs. Wills

When discussing estates, two of the most common topics are trusts and wills. While both are important estate planning tools, they differ greatly in both their purpose and their execution. A trust is a living document that comes into effect as soon as it’s created.

Trusts allow you to avoid probate court when it comes time for administration, protecting all parties’ privacy and ensuring you maintain control over your assets. There are many types of trusts, including the following:

• Revocable trusts
• Irrevocable trusts
• Special needs trusts
• Spendthrift trusts
• Charitable trusts
• Asset protection trusts
• Blind trusts

A will, on the other hand, only takes effect after the death of the person who created it, known as the testator. Unlike a trust, a will does not only have to focus on assets. While that’s one component, wills can also give instructions for child care and guardianship. What’s more, wills often have to go through probate, which can be a time-consuming and costly process.

FAQs

How Much Does an Estate Lawyer Cost in California?

How much an estate lawyer costs varies greatly depending on the complexity of the matter at hand and the experience of the attorney. If you hire an estate litigation lawyer to help with a complicated business asset dispute, you’re likely looking at a higher fee. Conversely, an unestablished attorney working on an uncontested will involving a small estate likely won’t charge as much. It’s advised to discuss the fee structure with your attorney during your initial consultation.

Does an Estate Have to Go Through Probate in Burbank, CA?

No, an estate doesn’t necessarily have to go through probate. Trusts do not go through probate unless there is a valid challenge to them. Depending on the assets listed in a will, its execution does not have to go through probate. Typically, however, a will does need to go through the probate process. Similarly, if there is no estate plan in place when a person dies, the estate will go through probate for the court to decide on asset distribution.

Are Estate Attorneys Worth It?

Yes, estate attorneys may be worth hiring, especially when you’re dealing with a complicated estate plan or a contested will or trust. Making mistakes during estate execution or litigation can be costly. Not only can you miss out on assets that are rightfully yours, but you can also open yourself up to legal liability. Civilly, you could be sued for assets or financial compensation. Criminally, you could be charged with fraud if you don’t distribute assets properly.

How Does Estate Litigation Work?

Estate litigation works by petitioning the court to step in and resolve disputes over asset distribution or other terms in an estate plan. The parties will engage in discovery, where they will exchange evidence for the case, and enter into mediation to attempt to reach a resolution. If that fails, the case will head to a bench trial for a judge to make the final decision.

Hire an Estate Litigation Lawyer

When a dispute arises during estate execution, hire an estate litigation lawyer to fight for your rights and protect your interests. Barry Law Group is here to offer the compassionate representation you need following the loss of a loved one. Contact our office today to schedule a free consultation with our team. We can explain your options and rights, helping you decide on the right path forward.