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 create 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 are not just another case number to us; they are our neighbors. We are passionate about providing legal protection for residents of our community.

Understanding Estate Litigation

Estate litigation is the legal process where disputes over a deceased person’s estate are settled. Estate litigation is typically handled in probate or civil court, depending on whether the disagreement arose before or after a person’s death.

Estate litigation cases for Woodland Hills are handled at the Stanley Mosk Courthouse on North Hill Street in Los Angeles or the Van Nuys Courthouse West on Erwin St. Mall in Van Nuys, where most probate matters and estate cases are handled for the San Fernando Valley area.

Estate litigation can be between many parties. Often, it stems from disagreements between beneficiaries, heirs, executors, or other interested parties. Typically, issues arise because interested parties do not believe that the way an estate is being handled aligns with the deceased’s true intentions. Common examples of issues that may lead to estate litigation include:

• Will contests. These disputes center around a belief that a will is invalid. This may be because the testator was unduly influenced by another person when writing the will, or they lacked the mental capacity to create and sign the will.
• Trust disputes. Trust disputes tend to be about asset management and distribution. This may be caused when a trustee mishandles the assets and fails to distribute them according to the written trust. Sometimes, there are also disputes over the asset valuation and accounting that must take place before assets can be distributed by the trustee.
• Probate litigation. Disputes about the probate process can involve disputes over naming the executor, how to handle certain creditor claims and litigation with a creditor, and disagreements on how the assets should be distributed.
• Breach of fiduciary duty. Fiduciary duty is the duty an executor has to act in the interests of the estate rather than for their own gain. Claims of breaching fiduciary duty can occur when an executor benefits themselves rather than acting in the beneficiaries’ interests.
• Fraud allegations. Allegations of fraud are an extremely serious estate litigation case. Often, this happens when interested parties believe that an estate document was created or changed through deception or dishonesty, such as coercing the testator or changing the document after it was written. Often, these cases involve exploitation and financial elder abuse from caregivers or relatives.

In California, there were 10,359 probate cases settled by the court and 503 cases settled by a jury. Probate cases that settled after a trial likely involved estate litigation laws.

It’s important to use a Woodland Hills estate litigation attorney to maintain a swift timeline for your case. Out of 42,873 estate- and trust-related cases filed in California in 2023-2024, 13,092 were filed in Los Angeles County. Without legal representation, your case could be delayed due to backlogs, errors, or untimely filings.

Estate Litigation vs. Estate Planning

Estate litigation and estate planning are often confused with each other due to their role in asset division; they do serve very different purposes. Simply put, estate planning is a plan made to provide instructions on how an estate should be handled, while estate litigation focuses on resolving disputes about the actual administration of the estate.

Estate planning is a proactive process where individuals can make a plan for their own assets at the end of their life or after their death. When properly created, a strong estate plan can minimize the likelihood of a dispute by providing clear instructions for how assets are to be managed and distributed. An estate plan often includes legal documents such as:

• Wills
• Trusts
• Powers of attorney
• Healthcare directives

Estate litigation is a reactive process that occurs after a dispute arises over a will or an estate. Typically, an estate litigation case occurs when issues cannot be informally settled and need court intervention to interpret or enforce estate planning documents or actions with the estate. At Barry Law Group, a Woodland Hills estate litigation attorney can help you handle estate litigation issues that arise during probate or probate administration.

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 likely went through the probate process unless the deceased did not have the minimum $50,000 in assets to require probate or put their assets in a trust, which avoids probate.

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 2024, the median household income in Los Angeles County was $90,112, and the average home value was $834,200. When high-value assets are involved, arguments often occur during the probate process. When this happens, estate litigation may be necessary to resolve disputes and carry out the wishes of the deceased. The purpose of estate litigation is to resolve conflicts while following the laws that govern estates and probate.

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 reviews the petition and sets a deadline 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. Examples of evidence often used in these cases are listed below:

• Wills
• Trusts
• Financial records
• Witness testimony

After considering all of the information, the judge makes their decision. The goal of the probate court is to ensure that the deceased’s wishes are carried out and the rights of all parties are protected.

During the estate litigation process, it is important to hire an estate litigation lawyer to represent your case. A lawyer can gather necessary evidence to support your claim and can present evidence effectively to the judge. A lawyer can also build arguments that challenge claims made by other parties.

How an Experienced Woodland Hills Estate Litigation Attorney Can Help You

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

A skilled lawyer can assist with tasks like those listed below:

• Explain state laws surrounding probate.
• Gather and preserve evidence supporting your claim.
• Represent you in court hearings so there are no breaches of your legal rights.

Negotiate 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 are proud to offer free consultations to residents of Woodland Hills and the surrounding areas. You do not have to take on your case by yourself. Choose our team to be your legal advocates.