Woodland Hills Estate Litigation Lawyer

After a family member dies, trying to navigate probate can be overwhelming for those left behind. It’s common for beneficiaries to argue and dispute how the will or estate is handled. Hiring a knowledgeable Woodland Hills estate litigation lawyer can help ensure a smooth legal process.

Work with an Experienced Estate Law Firm in California

Barry Law Group has been a pillar in California’s legal community for over 30 years, offering trusted representation in estate litigation, probate administration, and trust litigation. We’ve helped hundreds of clients seek closure during difficult times in their lives. We provide California residents with free consultations, giving them the knowledge they need to make informed choices regarding their case.

Our attorneys work tirelessly for our clients. New clients aren’t just another case number to us; they’re our neighbors. We’re passionate about ensuring legal protection for residents of our community.

What Is Probate?

Between 2019 and 2023, the average annual death count in Los Angeles County was 74,773 deaths. The estates of all of these individuals may have gone through the probate process. Probate is the legal process that happens after a loved one passes away with or without a will. This process can be complex depending on the deceased’s assets and how detailed their estate plan is.

An estate plan can include a will, which details how a person wants their assets to be handled after they pass away. It may also name a personal representative. This person oversees and handles the probate process, which includes:

• Gathering and preserving assets
• Paying off debts and taxes with funds from the estate
• Distributing remaining assets to the people named in the will, called beneficiaries

If a person dies without a will, their assets may be distributed according to state law. This is often in conflict with the personal wishes of the deceased, as well as their family left behind.

Estate Litigation Laws in California

Creating a valid will is the easiest way to protect assets and secure the financial future of your loved ones after you pass away. However, even with careful planning, disagreements can happen among family members or beneficiaries.

As of 2023, the average income in Los Angeles County was $87,760, and the average home value was $783,300. Because of these high-value assets, arguments often occur during the probate process.

When this happens, estate litigation may be necessary to resolve disputes and ensure the deceased’s wishes are followed. These disputes can include:

• Questions about the validity of a will
• Claims of undue influence or incapacity
• Challenges to the appointment of a personal representative
• Allegations of misconduct by the personal representative
• Disagreements among beneficiaries over how assets are divided
• Claims related to debts or obligations of the estate

The purpose of estate litigation is to resolve conflicts while following the laws that govern estates and probate. In Woodland Hills, estate litigation usually happens at the Stanley Mosk Courthouse, located at 111 North Hill Street in Los Angeles.

California’s Estate Litigation Process

The estate litigation process starts by filing a petition with the court. The court will review the petition and set deadlines for all parties to respond. Next, both sides present evidence at a hearing. Hearings allow parties to explain their side and answer questions from the judge. Evidence can include:

• Wills
• Trusts
• Financial records
• Witness testimony

After considering all the information, the judge makes their decision. The goal of the probate court is to make sure the deceased’s wishes are carried out and the rights of all parties are protected. During this time, it’s important to hire an estate litigation lawyer to represent your case.

How an Estate Litigation Lawyer Can Help You

Probate can be complicated, and arguments often arise during the process. Having an experienced estate litigation lawyer can help resolve these disagreements efficiently.

A skilled lawyer can assist with:

• Explaining state laws surrounding probate
• Gathering and preserving evidence supporting your claim
• Representing you in court hearings, ensuring there are no breaches of your legal rights
• Negotiating with the other party in a private settlement

FAQs

What’s the Difference Between an Attorney and a Litigator?

An attorney is someone who has gone to law school, passed the bar exam, and is licensed to give legal advice or represent clients. Attorneys can work in many areas of law, and not all of them involve litigation. Some focus on drafting documents or giving legal advice. A litigator is a type of attorney who focuses on taking legal issues to court. At Barry Law Group, our attorneys have extensive experience in the courtroom.

Can Estate Disputes Be Resolved Without Going to Court?

Yes, estate disputes can be resolved without going to court. Mediation is typically a better option than going to court. This process is led by a neutral professional, who helps both sides talk through their issue and come to an agreement. The mediator does not make any legal decisions.

During mediation, it’s important to have your lawyer present to negotiate on your behalf. Mediation is less costly and time-consuming than court. It’s private and helps keep control in your hands.

What Happens When Someone in Woodland Hills, CA, Dies Without a Valid Will?

If someone in Woodland Hills, CA, dies without a valid will, their estate will be handled according to intestate succession laws. A surviving spouse usually inherits all community property, which is assets acquired during the marriage. Separate property, which is assets owned before the marriage, may be divided between the spouse and children. If there’s no spouse or children, the estate goes to the parents. If parents are deceased, it goes to siblings and distant relatives.

What Is Probate Code 850?

In California, Probate Code 850 allows people to ask the court to transfer property into or out of an estate or trust when there is a dispute over ownership. These petitions are often used to resolve property disputes without going through the full probate process. Property disputes resolved through PC 850 include cases where property was taken by fraud or abuse, contracts for real estate transfers were not completed before death, or a trust was not properly funded.

Hire an Estate Litigation Lawyer That You Can Trust

Barry Law Group is here to help you navigate your case. Contact our team today to schedule your first appointment. We’re proud to offer free consultations to residents of Woodland Hills and the surrounding areas. You don’t have to take on your case by yourself. Choose our team to be your legal advocates.