Calabasas Estate Litigation Lawyer

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Calabasas Estate Litigation Lawyer
Barry Law Group

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Calabasas Estate Litigation Attorney

The death of a loved one is incredibly difficult, but all the legal aspects of their passing can make the loss unbearable. One challenging situation that can arise is estate litigation due to a dispute over the decedent’s estate. Fighting to protect your loved one’s wishes is an immense task to take on while also dealing with the grief their loss caused. A Calabasas estate litigation lawyer can step in and make the process easier, allowing you to focus on other aspects of your life.

Experienced Estate Litigation Support in Calabasas

Trusting a legal team to help you through estate litigation is not easy. Barry Law Group understands the challenge you face and has worked diligently to build a team you can trust to help you through this process. With years of experience handling estate disputes in the foothills of the Santa Monica and Santa Susana mountains, we can be a valuable resource as you defend your loved one’s wishes and protect their estate. Whether you need assistance with probate administration or trust litigation, our attorneys provide focused guidance every step of the way.

What Is Estate Litigation?

Estate litigation occurs when a dispute arises over a decedent’s estate. Some potential causes of estate litigation are:

  • Beneficiary disputes: Beneficiary disputes or familial disputes arise when beneficiaries or family members believe they are entitled to a greater share of the estate than specified in the will or trust. They may also believe that the terms of the will do not reflect what the deceased intended.
  • Multiple wills: It is not uncommon to create several wills during a lifetime. Adding children, divorce, remarriage, and estrangement are all reasons why an estate plan may be updated. If a more recent will surfaces after one has already been presented, litigation may be required.
  • Lack of formalities: In California, written wills must be signed by the testator or someone on their behalf, and two witnesses must be present. Failure to meet these requirements can result in an invalid will.
  • Lack of capacity: A testator is required to have the capacity to understand their assets and to whom the property is being distributed.
  • Undue influence: If a testator is coerced or compelled while planning their estate, the estate plan can be challenged. This is often seen when one descendant attempts to coerce the parent into excluding the other descendants from the will, or when a relative stranger disrupts a long-established plan that would typically pass most of the estate to family.
  • Breach of fiduciary duty: Certain fiduciary duties of prudence, honesty, and loyalty are owed to the beneficiaries of the estate by the executor or administrator. Litigation can be initiated if these duties are violated.

Working with a knowledgeable estate planning lawyer can help reduce the chances of these challenges arising. If challenges do arise, it is essential to work with a legal team that has experience specifically in estate litigation, such as Barry Law Group.

Key Participants in Estate Litigation

The number of people who can potentially be involved with estate litigation is one of the reasons why it can be so complex. Potential people or entities that are likely to be involved include:

  • Executor/Administrator: In cases where the estate belongs to a decedent, the personal representative will either be an executor if the person died with a will or an administrator if the person died without a will. They are responsible for administering the estate according to the decedent’s wishes and/or state law. Only 32% of Americans have a will, so administrators are appointed frequently.
  • Beneficiaries: The entities or individuals that will inherit assets from the estate through a will, trust, or according to the law.
  • Trustees: The individuals or institutions that manage the assets held within a trust.
  • Fiduciaries: Individuals or entities that have a legal requirement to act in the interests of the estate’s beneficiaries.
  • Family members: Children, a spouse, or other relatives who may have a financial or legal interest in the estate, even if they are not named.
  • Creditors: Individuals or entities that are owed money from the decedent or the estate.

Why Hire an Estate Litigation Lawyer With Barry Law Group

For over 35 years, Barry Law Group has dedicated its time to serving the community through various types of litigation, including estate litigation. Our core values are:

  • Top legal strategies,
  • Unmatched dedication,
  • Transparency, and
  • Impeccable performance.

We are selective about the cases we choose to take on, ensuring each client gets the personalized attention they deserve.

FAQs

Q: How Do I Challenge an Estate in Calabasas, CA?

A: Challenging an estate in Calabasis, CA, can be a complicated process that requires specific conditions to be met. You must establish standing and grounds, which means demonstrating that you are an interested party with a direct stake in the outcome and that you have a legal reason for the challenge. It is recommended that you speak with an estate litigation attorney, as they can provide valuable insight into your situation.

Q: How Easy Is It to Challenge a Will or Trust?

A: It is not easy to successfully challenge a will or trust. In addition to being legally complex, estate challenges are often financially costly. Roughly three percent of wills are challenged, and not all challenges are successful. Before undertaking this process, it is important to speak with an estate litigation attorney to determine if you have grounds and standing.

Q: What Can Cause Estate Litigation?

A: There are several potential causes for estate litigation. Lack of capacity, undue influence, and lack of formalities are all potential challenges to the decedent’s wishes and the validity of the documents. If the administrator or executor is not acting within their fiduciary duties, litigation may be an option. If you believe estate litigation is the appropriate choice for your loved one’s estate, Barry Law Group can help.

Q: Do I Need an Attorney for Estate Litigation in California?

A: You are not legally mandated to retain an attorney for estate litigation in California. It is, however, recommended that you speak with an attorney before initiating the process. They can help you determine if you have grounds and standing before you commit financial and time resources to the endeavor. If you choose to progress with litigation, an estate litigation attorney can help you through the complicated legal process.

High Quality Estate Litigation Support

Barry Law Group understands the legal and emotional complexities of challenging an estate or defending an estate against a challenge. If you are in either of these positions, please reach out to our team to see how we can assist you.

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Success of Your
Legal Matter.

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.