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Serving Southern California

Probate Disputes

Probate Disputes Lawyers Help Resolve Probate Disputes and Conflicts

Probate disputes can often be resolved by a disinterested 3rd party out outside the courtroom.Probate disputes are more common than one might think. The death of a parent, grandparent, or other relative is often an emotional occasion where the acting out of strong and deeply-felt emotions and resentments are unleashed. Despite the recently departed’s best intentions, conflicts over a will or trust can and often do lead to conflict and litigation. Probate litigation takes time, costs money, and often leaves all involved feeling bruised, overlooked or cheated. “Litigation” is not a bad thing – it is the simply the legally established process of righting a “wrong” or “injustice” by the rules established by our legal system.

Legal Help to Resolve Disputes Between Family Members

Hiring an experienced Southern California probate litigation attorney can help minimize and resolve the prolonged consequences of probate disputes, will contests, or other trust and estate issues no matter how complex.

Help for Beneficiaries, Fiduciaries, Heirs & Family Members in Will and Trust Disputes

If you or family members believe you have reason to challenge a will or a trust, you need trusted legal advice and expertise in the area of California probate law and litigation. Probate Dispute Lawyer, Vincent W. Davis, has extensive experience and can help beneficiaries, fiduciaries, heirs and family members in “will contests” and trust disputes.

The probate disputes or so-called “will contests” we handle include:

  • determination of heirs
  • partition of real property
  • undue influence
  • self-dealing
  • mistakes in execution
  • breach of fiduciary duty
  • estate accounting
  • lack of mental capacity

Southern California Probate Dispute & Probate Litigation Lawyers

Probate Disputes

Probate is subject to a number of possible disputes. Probate disputes often come to folks unexpectedly out of left field, so here are some random examples of the scenarios you might find in a common probate dispute:

Example 1 – The appointed executor has no idea how to manage the estate. She fails to maintain the decedent’s house; she fails to pay the mortgage payment. The house remains vacant, is twice vandalized, falls into decay and the bank wants to foreclose. One of two heirs is totally frustrated because he fears a foreclosure imminent and there will be no inheritance left for him. Solution: He needs to challenge the executor’s appointment and get a new one appointed, perhaps himself.

Example 2 – The appointed executor is a self-serving thief. She is dipping into the decedent’s savings accounts for personal gain and enrichment. Solution: The heir(s) needs to get the executor removed and force reimbursement to the estate.

Example 3 – The appointed executor tries to get the heir’s sister and brother-in-law to turn over the decedent’s $120,000 boat and trailer. The sister and brother-in-law claim that the decedent gave the expensive boat as a gift to them months before his passing. So, are the sister and brother-in-law telling the truth? The disposition of such a significant asset might need to be resolved in court.

Example 4 – A long-time acquaintance and “creditor” of the decedent claims the decedent borrowed $12,000 from her and promised to pay it back. There is a questionable hand-written note backing up the cash loan and the Executor fears it may be a forgery to get what the acquaintance and “creditor” thinks “is due her” from relationship issues. Solution: The executor may want to reject the creditor’s claim and air it out in court along with other estate issues.

Probate Disputes Lawyer serving residents of Southern California

Vincent W. Davis is an experienced probate disputes lawyer and his law firm boasts a collective 60-years legal experience to ensure a vast reservoir of knowledge and experience to deal with the most complex probate disputes or will contest matters. If you are an executor, heir or creditor you are welcome to call and discuss your probate issues with Vincent W. Davis personally. Mr. Davis will evaluate your probate matter and share with you your possible options. His personal commitment is to offer you friendly, efficient service with aggressive advocacy in your probate dispute or other estate matter.

Contact Probate Dispute Lawyer about Your Case.

Vincent W. Davis & Associates is a skilled and seasoned probate dispute lawyer. Mr. Davis is tough and zealous in the defense of his clients’ rights. He will be happy to meet with you and review your case, advise you of what to expect, and how he might help you.

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