Tarzana Estate Litigation Lawyer

In the aftermath of a loved one’s death, there are many logistical problems that need attention. Grief can weigh heavily on those involved, raising tensions. When it comes to the estate and dividing assets, heightened emotions may lead to conflicts between involved parties. One party may feel that the other is being unfair, manipulative, or otherwise acting in bad faith with regard to the estate. A Tarzana estate litigation lawyer can help your case.

If you think someone has acted in bad faith or another party has leveled false accusations against you, an attorney may make all the difference.

Experienced Litigation Lawyers

Barry Law Group has been assisting people in the Greater Los Angeles area for decades in all estate litigation matters. One of our founders, Steven Barry, has been working in the industry since the 80’s and is a current member of the Colorado, California, and Los Angeles County Bar Associations. Steven and his two sons, Jared and Jonathan, have run the law firm together since 2016 and have been named “Super Lawyers” five years in a row. Our firm is recognized for its proven experience in estate litigation, trust litigation, and probate administration.

What Is Estate Litigation?

After someone’s death, their estate, as in all possessions and assets, is distributed based on their will, if available. If there is no will, the Probate Code dictates alternative steps. Both processes of administering an estate are called probate.

At the beginning, the court will choose the executor for the will. This is normally the person stated in the will, but if that person is unavailable or declines, the next candidate is named according to the Probate Code.

When Is Estate Litigation Necessary?

During probate, a multitude of issues can occur between surviving family members, creditors, and other interested parties. The following are a few examples of situations where estate litigation may be required:

• A vague or nonexistent will: This can leave family members unsure of what they are meant to receive. Since only 24% of Americans reported having a will, in many cases, some form of litigation may occur during probate.
• Issues with the executor: If the person who is declared the estate’s personal representative has little or no experience with probate, estate litigation can be helpful.
• Suspicion of the executor: Beneficiaries may be suspicious that the personal representative of the will is acting in bad faith or hiding something. They may need an estate litigation attorney to present their case.
• Will concerns: Perhaps a beneficiary or family member is concerned about the conditions in which the will was written. If the decedent was incapacitated, there may be valid worries about a will being updated either through duress, fraud, or coercion. In these cases, estate litigation may be necessary.
• Disputes amongst the family: There may be legally actionable frustrations amongst the deceased’s loved ones. Upset feelings can easily arise when going through the belongings of a parent, grandparent, or other important family member. In these incidents, estate litigation may be required, not only to end the probate with ease but also to remain civil among family and friends.
• Will contest: This can include factors listed above or other concerns you may have with the will itself. Estate litigation will be needed to contest the will.

Hire an Estate Litigation Lawyer

Any estate litigation case can be much easier when you hire an estate litigation lawyer. They will be familiar with Tarzana estate litigation laws and know how to create an effective legal strategy. Experience can make a difference in the case and in achieving your desired outcomes.

You may have the urge to handle a probate problem or dispute on your own. While admirable, help can be crucial in times like these.

FAQs

How Much Does an Estate Litigation Attorney Cost in Tarzana?

How much your Tarzana estate litigation attorney will cost depends on a variety of components. If all parties are satisfied and there are only a few issues that need addressing, legal fees will be cheaper than if multiple angry parties drag out the litigation process. Length, size of the estate, and complexity of the issues involved all play major factors in establishing the price point of an estate attorney. Speak with your lawyer to receive an accurate appraisal of fees.

What Are the Differences Between an Estate, a Will, and a Trust in Tarzana, CA?

The differences between an estate, a will, and a trust in Tarzana, CA, can seem confusing since they are all closely related. No matter how much you own, you have an estate. This term refers to all the legal belongings you have. A will is a document you may write before death to establish who receives what belongings. This will go through a probate process in public court. Trusts are similar to a will, but trusts skip probate and are generally dealt with in private.

Will Your Estate Litigation Case Automatically Go to Court?

You may be wondering if your estate litigation must go to court. It depends on the details of your litigation case. Many cases can be dealt with through mediation, where a third party oversees a discussion about the matter. In these instances, it is still wise to have an estate litigation lawyer present to advocate for you. You may also negotiate with the other parties and reach an agreement before ever needing to step into court.

How Long Do You Have to Contest a Will?

In California, you have a 120-day time period to contest a will from the date the probate process starts. It’s important to act quickly if you wish to contest a will so as not to miss this turnaround period. Speaking with your estate litigation lawyer can help you submit a strong will contest early on in the probate process.

Speak With an Experienced Estate Litigation Attorney Today

At Barry Law Group, we know how tough estate litigation can be. In the midst of grief, the last thing you want to do is fight lengthy legal battles. Let us help you through this difficult time.

Contact us today for a consultation so we can learn your story and help find a satisfying conclusion to your estate litigation case. You may also visit us at our office, located on Ventura Boulevard, between the Encino Reservoir and the Sepulveda Basin.