Having civil cases move into litigation is not uncommon. According to United States Courts, there was a 39% increase in civil filings in 2021. Managing stress when a dispute in estate planning moves into litigation can be challenging for all parties involved. Keeping...
Estate Litigation
Understanding the elements of executor misconduct
The executor of a will has a responsibility to carry out the final wishes of the deceased. This includes significant duties and an expectation for honest, diligent and responsible decision-making. When an executor breaches those responsibilities, it may constitute...
Most common reasons for beneficiary disputes of an estate plan
Estate planning can be a complex process. After all, it involves making decisions about the distribution of assets after a person's death. Unfortunately, disputes among beneficiaries can and do arise, causing stress and conflict at a time when loved ones should be...
Determining when to contest a California will
Contesting a will in California is a complex and sensitive matter that you should approach with careful consideration. Understanding the circumstances in which it may be appropriate to contest a will is crucial to protect your rights and ensure a fair resolution. This...
Can you avoid these commonly litigated estate issues?
Creating a plan for your family's future after your death is the primary goal of your estate plan. However, sometimes issues crop up during probate that may open your estate up for a legal fight. Someone may initiate estate litigation for a variety of issues. Take a...
Litigating against a power of attorney
Powers of attorney give people the power to make various types of decisions on another's behalf. However, these documents also come with responsibility. This article will examine two ways one might litigate against those who misuse that responsibility. The first...
How to keep your kids from fighting over your estate
Family dynamics are often complex, but your children may need one another more than ever once you are no longer around to support them. Sometimes, conflicts over inheritances cause fractured relationships between siblings, but there are certain steps you might take...
Does serving as someone’s executor put you at risk of a lawsuit?
You may have mixed feelings when someone you are close with names you the executor over his or her California estate. On the one hand, the appointment means this person has a good deal of trust in you. On the other hand, it also means you need to take responsibility...
Fees paid to the personal representative
The executor or personal representative is the person responsible for managing the estate of a decedent. Even with simple estates, this individual has many duties. In exchange for the person's time and effort, the executor does receive a fee for conducting all the...
Proving undue influence when challenging a will
When a loved one dies in California and makes you a beneficiary in his or her will, you may feel frustrated or disappointed if you do not inherit what you expect. However, if you did not inherit what you anticipated because someone subjected your loved one to...