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Last Modified on Dec 07, 2025
After a loved one dies, it’s not uncommon for heirs, beneficiaries, and other parties to come out and challenge the estate plan – or lack thereof. When a complication arises, many families immediately jump to extremes and consider filing a lawsuit. Going in unprepared is never wise. Knowing how estate litigation works in Burbank, CA, can save you a lot of stress and even more trouble.
If you’re in the middle of a dispute regarding the execution of a will or trust, contact an attorney to discuss your case and get advice on the next steps to take. Barry Law Group is standing by to give you the assistance you need.
What Is Estate Litigation?
Estate litigation is the process of petitioning the court to step in and make a decision on a contested matter in a person’s estate plan. For the fiscal year 2023 to 2024, Los Angeles County’s probate court received 13,092 probate filings.
These filings can range from validating wills to arguing that a trustor was unduly pressured into creating their trust. This area of law is particularly complex, and it gets even more complicated when you’re also struggling with the loss of a loved one.
Common Mistakes Families Make During Estate Litigation
Estate litigation is an emotionally charged process. Not only are you grieving the loss of a loved one, but you’re also fighting for the assets they left behind. With so much stress, it’s natural that you may make some mistakes or overlook some responsibilities. That’s why it’s important to know some common mistakes families make during this process:
- Losing or missing versions of documents: Locate and identify all versions of the document in question. Whether it’s a will or a trust, having all the versions helps you know which is the most current, and it also assists in determining the intent of the decedent.
- Missing deadlines: As with many legal matters, there are statutes of limitations for estate litigation. The statutes vary depending on the type of dispute. For example, California Probate Code § 8270 gives you 120 days from the initiation of probate to contest a will.
- Failing to account for assets: If you do not conduct a thorough accounting of the decedent’s assets, it’s common for disputes to arise. Parties may claim assets are missing or improperly valued.
- Poor communication: Beneficiaries need to be informed about what they’re entitled to and what’s happening with the estate. Failure to communicate can raise suspicion of ill will and may expose the parties to liability.
- Failing to pay taxes and debts: Part of estate execution includes settling the decedent’s debts and paying applicable taxes. Failing to do so can result in creditors suing for funds that are rightfully theirs.
Do You Need a Lawyer for Estate Litigation?
There is no legal requirement to hire a lawyer for estate litigation cases, but choosing to take on the legal system by yourself can be a mistake. Experienced attorneys know the law, and they know what it takes to successfully argue a case.
Collecting evidence, reviewing estate documents, and crafting a solid legal strategy take a lot of time and effort. You’re already dealing with the loss of a loved one. You don’t need any more stress on top of it.
Probate Court in Burbank
Whether you’re validating a will or contesting a trust, your case is likely headed to the Los Angeles County Superior Court’s probate division. When there’s a dispute, there’s a specific process you’ll follow.
First, all parties will engage in discovery. You’ll exchange evidence, which helps ensure everyone is on the same page and fighting fairly. Then the parties will enter into mediation to attempt to resolve the problem.
If mediation fails, the estate litigation case will proceed to a trial. All parties will have their chance to state their case and present evidence, and a judge will make the final ruling.
How Barry Law Group Can Help
Barry Law Group has over 30 years of experience fighting for our clients’ rights and protecting their interests. We know that these are trying times for you and your family, and we prioritize compassion alongside success. We can collect and review all estate documents, craft a winning legal strategy, and represent you in court. We can be your trusted allies through every step of the process.
FAQs
Who Can File a Lawsuit Against an Estate in Burbank, CA?
Only those with a valid reason and legitimate legal standing can file an estate lawsuit in Burbank, CA. This can include beneficiaries, heirs-at-law, formerly named beneficiaries, creditors, executors, and administrators. If you’re unsure if you have legal standing for estate litigation, contact a Burbank estate litigation lawyer to discuss your case and learn more about your options.
What Assets Are Protected From Estate Litigation in California?
Assets that are protected from estate litigation include retirement accounts, life insurance policies, equity in your home, and certain personal property. Particularly for assets with named beneficiaries, it’s important to regularly update them on major changes in your life. Trusts are excellent tools for limiting contests for your assets when you’re gone.
What Are the Common Outcomes of Estate Litigation?
Common outcomes of estate litigation include invalidation of wills, removal of executors or administrators, redistribution of assets, and financial compensation for losses. It’s also possible for criminal penalties to follow if issues with an estate arise from illegal actions, such as fraud. You must come to court prepared with compelling evidence to succeed.
What Happens in the Process of Estate Litigation?
The process of estate litigation begins with a complaint to the court regarding a challenge to the estate plan. The other party will have the chance to respond, and then all parties will engage in discovery. Afterward, the parties will enter into mediation with the hope that the dispute can be settled there. If not, the case will proceed to a bench trial, where a judge will hear both sides and decide on the matter.
Hire an Estate Litigation Lawyer
If you’re facing a dispute over a will or trust, contact a Burbank estate litigation attorney. Barry Law Group has been fighting for our clients’ rights since 1988, and our familiarity with California’s estate litigation laws makes us invaluable allies in the pursuit of your rightful inheritance.
Contact us to hire an estate litigation lawyer today. Let’s set up your free consultation to discuss your case and learn more about our services.
