Beverly Hills Estate Litigation Lawyer

When disagreements escalate in probate court, they may have to be resolved through litigation. Whether someone is contesting a loved one’s will or you believe there are breaches of fiduciary duty, you need experienced legal representation. A Beverly Hills estate litigation lawyer understands the legal requirements of many types of estate litigation and can help you protect your family’s interests.

Why Should You Work With Barry Law Group?

Barry Law Group has served communities in California for over 35 years. This includes decades of experience in probate courts and estate litigation. We offer dedicated legal representation focused on securing the ideal outcome for your case. Our goal is to help you make informed choices with transparent and high-quality legal guidance.

Probate cases are often very emotionally difficult in any circumstance and can be much harder when there are disagreements or even fraud. Our team offers compassionate support as you navigate probate, including in the face of any disputes. You deserve a team that handles your case correctly and with care.

Understanding Estate Litigation

When someone dies, their estate enters probate court in most cases. Their estate is inventoried, assessed, and passed to beneficiaries. Debts, taxes, and expenses are paid from the estate. After these and other steps are taken, the estate can be closed. This is already a complex process, and disputes can happen at many points throughout, making it more complicated.

When disagreements escalate to court disputes, that is estate litigation. These disputes can involve heirs, beneficiaries, creditors, charities, executors, and other interested parties. Litigation seeks to resolve the issues the parties have.

Estate litigation can include guardianship or conservatorship issues, disagreements over assets, trust or will contests, and many other types of disputes. In Beverly Hills, the median household income is $132,977 a year. When someone’s estate has a significant amount of money and high-value assets, this increases the likelihood of disagreements and disputes leading to estate litigation.

Why Does Estate Litigation Happen in Beverly Hills?

Estate litigation issues can come from different types of disputes. Some of the most common issues include:

• Will contests. Concerns over an existing will in a probate case can range from confusion over vague wording to claims of forgery or fraud in a will. While a will is meant to provide more clarity for family members and loved ones, sometimes it can create resentment, confusion, or other issues that make probate harder and lead to litigation.
• Trust disputes. A trust enables individuals to transfer assets outside of probate faster and more privately compared to a will. Disputes over the trust may be over the terms and beneficiaries, or may be issues with the fiduciary duty of the trustee.
• Breach of fiduciary duty. The personal representative or executor of the will and estate and the trustee of a trust have fiduciary duties to the assets in the estate or the trust and the terms in the documents. If they fail to follow these requirements, such as using the assets for personal gain or failing to follow any guidelines left by the deceased, heirs or beneficiaries can take legal action for breach of duty against the trustee.
• Guardianships and conservatorships. Minors, dependent adults, and incapacitated adults might be placed under the care of a guardianship or a conservatorship, depending on their unique needs and personal situation. Different family members may disagree on how that is handled, and this can lead to litigated cases.
• Elder abuse. About 8% of the population in Beverly Hills is 85 and older, and there are an estimated 202,549 cases of elder and dependent adult abuse each year in California. Abuse, including financial abuse, can result in cases like guardianship or conservatorship disputes or claims of undue influence in will contests.

The process of estate litigation starts with settlement negotiations after filing a petition, but can end up in a court trial overseen by a judge. Probate, and many of the resulting estate litigation cases, are handled by the Superior Court of California for the County of Los Angeles for cases in Beverly Hills. The Stanley Mosk Courthouse is the closest probate court in the Los Angeles Superior Court.

FAQs

What Is Estate Litigation Law?

Estate litigation law refers to litigation cases that revolve around a person’s estate after their death. Whether their full estate goes through probate or is handled through private processes like trusts, disagreements between heirs, beneficiaries, creditors, and others can result in issues.

Litigation might be necessary to resolve those issues, such as claims of fiduciary duty breaches, will contests, disagreements about the division of assets, and many other issues. Estate litigation law handles the resolution of these cases.

What Are the Downsides of Estate Litigation?

The downsides of estate litigation are that it can be a long and costly process, lengthening the already complex probate court process. The cases are often disagreements between family members and loved ones, creating additional attention. Some types of estate litigation require substantial proof that can be hard to secure, making it harder to succeed in them.

However, when these cases are filed to protect your personal or financial interests, it is important that those interests are advocated for.

Do You Need to Hire an Estate Litigation Lawyer?

While you aren’t required to hire an estate litigation lawyer, you can greatly benefit from it. Estate litigation is very legally complex, and a skilled attorney can help you understand the legal requirements of making a claim or defending against a claim. They can advocate for your interests in negotiations and in litigation.

Your attorney creates a strategy that protects your interests based on your unique circumstances and gives you a transparent understanding of your chances of success.

How Much Does an Estate Litigation Lawyer Cost in California?

The cost of an estate litigation lawyer in California depends on the specifics of your case and the unique attorney you work with. Fees might be charged hourly or on a contingency basis. A more complex case is likely to have higher fees. The type of estate and type of claim also affects fees. Before you work with an attorney, you should always ask about their fees and how they structure their costs.

Your Beverly Hills Estate Litigation Attorney

If a dispute has begun in probate, or you need legal support administering an estate, reach out to Barry Law Group today.