
When coping with the loss of a loved one, the last thing a person wants to do is deal with arguments over their estate. Having to find a competent lawyer with proper courtroom experience can be an overwhelming task. It’s important to know how to choose the best estate litigation lawyer in Los Angeles before disputes arise.
For over 30 years, Barry Law Group has helped represent California clients during their most difficult moments in life. When grieving a loved one and battling an estate litigation case, individuals need an empathic lawyer as a part of their support system.
At Barry Law Group, our attorneys have an understanding of the trust litigation process and experience not only in providing new clients with compassion but also in working tirelessly on their behalf. You don’t have to go through your case by yourself. Let our team help fight for you.
Between 2019 and 2023, Los Angeles County had an average annual death count of 74,773 people. Probate is an official process that happens to most people when they pass away and is used to handle their estate. In Los Angeles, this is done at the Stanley Mosk Courthouse, located at 111 North Hill Street.
The deceased may have named a personal representative in their will who is in charge of handling the probate process and adhering to state laws. They work to:
Oftentimes, the probate process can become full of heated emotions between family members and beneficiaries. When high-value assets are involved, even the most loving family members can start disagreeing. With the average income for Los Angeles County residents being $87,760 in 2023 and the average home value being $783,300, arguments are common.
What was written in the will may not align with the personal views of the loved ones left behind. There may be disputes over the validity of the will, such as the person being pressured into writing it. In 2024, it was reported that one in six elders aged 60 and older experienced elder abuse, including financial abuse.
Someone may take issue with how the personal representative handles the case. They may believe they’re working too slowly or with personal bias. When these situations arise, individuals have the legal right to open a case with the court.
During this time, you’ll want to hire an estate litigation lawyer to represent your rights. In court hearings, you’ll be able to explain your arguments and what you believe should happen. The other party will be able to defend their side of the story, and a judge will make a final decision.
When researching what lawyer to help represent your unique case, there are a few steps you’ll want to adhere to. These include:
Remember, they’re working for you, and how they conduct themselves during your consultation is likely how they’ll act during the entirety of your case.
Pay attention to whether they explain case expectations in full, easy-to-understand detail. Note their communication style and how they treat your case. It can be helpful to write down questions before the consultation to help you make your judgment about their services and representation.
Mediation is an alternative to court litigation. During this process, a professional mediator helps facilitate communication between both sides and their attorneys, working to come to an agreement over their legal issue. The mediator is a neutral third party and doesn’t make any legal decisions. Mediation can be beneficial because it’s private and helps you keep control over the outcome of your case.
Undue influence happens when someone uses manipulation to get what they want from the person creating a will. This can be done by holding their authority over the person’s head, pressuring them, or emotionally abusing them. For example, if an elderly person relies on a nursing home worker for extensive care and that worker uses that to pressure the elder into signing away their assets, this is undue influence.
In California, an estate litigation case can be opened by someone with a legal interest in an estate. Typically, this includes heirs, beneficiaries named in a will or trust, or sometimes creditors who may be owed money by the estate. The person opening the case is often called the petitioner.
Fiduciary duty is a legal responsibility where the fiduciary of an estate must act in the interests of the beneficiary of the estate. For example, a personal representative has a fiduciary duty to the deceased’s estate. When a fiduciary fails to meet their duties, it’s called a breach of fiduciary duty.
Barry Law Group is proud to be a pillar in California’s legal community. Reach out to our team today to schedule your first consultation at our Encino office. We can listen to the unique details of your situation, answer all your questions, and help you make informed decisions regarding your case.
Barry Law Group is comprised of attorneys and longtime staff members who are committed to the success of your legal matter. The firm understands that for most litigation is uncharted worrisome and often terrifying.