Probate and Trust Litigation

Probate Litigation

Probate litigation may involve many different kinds of disputes, such as:

  • Will contests
  • Claims of beneficiaries
  • Actions to reclaim property wrongfully taken by another
  • Actions against the personal representative of an estate
  • Claims of creditors
  • Forged wills
  • The competence of the person making the will
  • The person making the will was under undue influence or emotional or economic duress

Trust Litigation

Although the use of a trust usually avoids the probate court, there are a multitude of disputed issues that may require a court’s determination, such as:

  • Claims against trustees for breach of trust or mismanagement of trust assets
  • Seeking to terminate a trustee for failing to account or suspected theft
  • Seeking an accounting where it is either deficient or non-existent
  • Actions to reclaim property wrongfully taken by another
  • Claims of beneficiaries against one another or against the trustee
  • Claims of potential beneficiaries who were wrongfully excluded
  • Claims of Creditors
  • Forged documents
  • Claims against a trustee for failing to properly distribute or invest trust assets
  • Attacking the validity of the trust because at the time of making the trust, the maker was incompetent or was subject to fraud, undue influence, or emotional or economic duress
  • Defending a trustee from claims made a beneficiary or creditors

Community Property Claims

Sometimes one spouse may accidentally or intentionally seek to transfer community property at death by trust or will, but some portion belongs to the surviving spouse. Under these circumstances, the surviving spouse may have the right to recover his or her community property interest improperly given away.

Cost Effective and Experienced

I have over forty years of experience working with clients to resolve a broad range of probate and trust dispute issues. Initially, I strive to resolve disputes quickly and amicably. This approach helps minimize costs and the prospect of an unpleasant and emotional battle with family members and friends. However, when the other side is not willing to be reasonable, I have no hesitation in seeking to have the court show them the error of their ways because I have the experience and knowledge to provide strong and effective lawyering to represent your interests.

This website is for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Please contact Robert Nolan Conrad at (310) 557-2001 for legal services.