Granada Hills Estate Litigation Lawyer

After someone passes away, the last thing you want is difficult court proceedings. Unfortunately, when issues cannot be resolved outside of court, litigation may be necessary. Working with a Granada Hills estate litigation lawyer can help you minimize the stress and confusion involved in your case.

Why Choose Barry Law Group?

Our attorneys have more than 70 years of combined experience helping families resolve complex estate litigation cases. Unlike some other attorneys who seek quick settlements and shy away from litigation, our attorneys understand the need for litigation to achieve justice. If necessary, we are not afraid to represent you in court to help you resolve an estate-related issue.

Understanding Estate Planning, Probate, and Estate Litigation in California

Estate planning determines how a person’s assets are managed and distributed after they pass away. Most estates go through probate, where the court reviews any estate planning documents and oversees the process of administering the estate. In 2024, there were 63,609 probate cases filed in California. While most of these are closed without any major disagreements or court involvement, there are situations where more court involvement is necessary.

Estate litigation involves resolving an issue involving an estate with the court. Court intervention is only necessary when disagreements cannot be settled through negotiation or other alternative dispute resolution methods.

In Granada Hills, estate litigation typically takes place at the Stanley Mosk Courthouse at 111 North Hill Street, Los Angeles. A Granada Hills estate litigation attorney can help you prepare for court and can represent you throughout this process.

Reasons Estate Litigation May Be Necessary

Estate litigation may be the next step if there is a significant dispute regarding the estate or estate planning documents, and the dispute cannot be resolved informally between those involved.

A number of issues may lead to estate litigation. Some of the most common include:

• Will or trust contests. Only 24% of Americans have made a will, but even those who do have a will can still face issues. A will contest can occur when an interested party, such as a beneficiary, challenges the validity of a will. This can involve claiming fraud, undue influence, or a lack of testamentary capacity.
• Breach of fiduciary duty. Trustees, administrators, and executors are all legally obligated to act in the interests of the trust and beneficiaries. This means following all laws, adhering to any estate planning documents, and avoiding acting in self-interest. If they don’t do this, they may be breaching their fiduciary duty.
• Claims of undue influence. This type of case involves allegations that another person exerted control over the deceased to make or change an estate planning decision, such as through pressure or manipulation. These allegations are serious and often require extensive evidence to succeed in an estate litigation case.
• Ambiguous or unclear documents. Unclear language, conflicting provisions, inconsistencies, or a lack of details can make estate planning documents difficult to interpret. Sometimes, disagreements over how a document should be interpreted require litigation.
• Asset disagreements. Disagreements over the value or ownership of certain assets can also result in estate litigation. Examples of these disagreements include deciding how much an asset is worth or how property should be allocated among all the interested parties.

Why You Should Hire an Estate Litigation Lawyer

Estate disputes can be difficult to navigate as they often involve complex estate litigation laws, significant financial interests, confusing estate planning documents, and sensitive family relationships. An experienced Granada Hills estate litigation lawyer can help you understand your legal options and build a case that protects your interests throughout the process.

A lawyer can be an invaluable source of guidance whether you are still attempting negotiations, are preparing for court, or are currently in the trial phase.

FAQs

How Do You Find a Good Estate Litigation Lawyer?

You can find a good estate litigation lawyer by searching for experienced attorneys in your area and scheduling a consultation. At Barry Law Group, you can review your case with a skilled Granada Hills estate litigation attorney and identify your legal options. We can then explain your next steps for starting a case. Beginning with a consultation can help you feel confident you are choosing an attorney you work well with and who has the knowledge and experience needed.

What Does an Estate Litigation Lawyer Do?

An estate litigation lawyer represents you in negotiations and in court while you resolve disputes over an individual’s estate plan or estate administration. The specific roles of a lawyer can vary depending on your needs, but generally include:

• Facilitating negotiations
• Identifying legal issues with an estate or an estate’s administration
• Facilitating negotiations
• Presenting your case in court
• Explaining the applicable estate litigation laws
• Gathering evidence to support your case

How Long Do You Have to Open an Estate Litigation Case?

In California, how long you have to open an estate litigation case depends on the type of claim. For example, you have only 120 days from when a will is admitted to probate to contest a will, while you may have longer to file a claim regarding breach of fiduciary duty.

Because the time limits can vary so significantly, it is a good idea to hire an estate litigation lawyer early who can keep you on track for these strict deadlines.

Who Can File a Claim Against an Estate in California?

In general, anyone can file a claim against an estate in California if the individual who passed away owed them money or property. Interested parties, including executors, beneficiaries, intestate heirs, or other individuals involved in the case, also have the ability to file claims against the estate or involving the validity of estate documents. If you are unsure whether you can file a claim, you should speak with a Granada Hills estate litigation attorney about your legal options.

Speak With a Skilled Granada Hills Estate Litigation Attorney Today

If you are facing an estate dispute that involves complex legal matters or highly conflicted issues, it is good to work with a trusted professional who can offer insight and guidance in your case. Contact Barry Law Group today to schedule a consultation.