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Estate Litigation Fundamentals
The administration of an estate is complicated, and disputes can pop up at nearly every turn. However, with an experienced estate litigation lawyer on your side, estate disputes can be resolved agreeably and efficiently.
Regardless of whether you are an executor or administrator, beneficiary or heir, the estate lawyers at Keystone Law Group can help enforce your rights and resolve any estate disputes that arise.
We’ll answer these questions and more in the following guide to estate litigation. Reach out to the team at Keystone Law Group for more information today.
Estate is an umbrella term for the assets a decedent owns at the time of their death. An executor or administrator is the person appointed by the court to manage the decedent’s assets, pay creditors and ultimately distribute assets to the beneficiaries. When estate disputes arise between interested parties, and an agreement cannot be reached, it may become necessary to litigate.
Estate litigation refers to any estate-related actions brought to probate court.
Estate litigation can surface whether or not the decedent had a will. If the decedent had a trust, and there are disputes between the trustee and the beneficiaries, then you may need our trust litigation services.
Wills pass through a process known as probate, a form of court supervision that must be completed before the decedent’s property can be distributed to the beneficiaries. Due to the complexity of probate laws, the process can be challenging, time-consuming and expensive, and can potentially lead to disagreements between interested parties.
A skilled estate litigation lawyer can help you efficiently tackle any obstacles that come up throughout the journey. Our team of attorneys have a thorough understanding of the California state and federal laws affecting estate planning and can help you confidently navigate the process. We touch on some of the ways estate attorneys can help resolve estate disputes below.
Surviving spouses and children of decedents may have a right to inherit, even if they are not in the decedent’s will. Unmarried couples, especially ones in long-term relationships who live together, are sometimes entitled to an inheritance; an estate attorney can help enforce their inheritance rights.
We break down the inheritance rights of spouses, children and unmarried couples below.
Learn more about the inheritance rights of spouses, children and unmarried couples.
Executors and administrators are obliged to keep track of estate assets, keep beneficiaries updated and keep accurate accountings of every penny that enters and leaves during administration.
In most cases, executors and administrators must file their accountings with the court and obtain court approval for their accountings. In order to prepare “code-compliant” accountings, executors and administrators must follow complex probate provisions to a tee, as well as local rules, which can vary county to county.
Below are some of the ways estate lawyers can help streamline estate accounting.
Learn more about estate accounting disputes.
Disputes over assets, such as real estate, can emerge over the course of estate administration. They may involve executors or administrators, beneficiaries and/or third parties.
Without an experienced estate lawyer on your side, litigating a property dispute can drain an estate’s resources. We touch on some of the problematic circumstances that can cause property disputes below.
Learn more about estate property disputes.
Before the probate administration process can begin, the decedent’s will must be admitted to probate — i.e., the court must determine that the document provided is valid and the true last will and testament of the decedent. When interested parties disagree about the validity of a will offered for probate, anyone with standing (i.e., financial stake in the estate matter) can bring what is called a will contest to invalidate the entire will or portions of it.
If you believe misconduct or a lack of competency to have compromised the validity of will, it is essential you get in touch with an estate lawyer to go over your options and devise an estate litigation strategy. Below are some common grounds for contesting a will.
Learn more about will contests.
It is a good idea for executors and administrators to regularly consult with an estate lawyer during the estate administration process, because if an executor or administrator causes damage to the estate in any way, they may be held personally liable for damages (“surcharges”) and removed from their post.
Before bringing a claim to remove or surcharge an executor or administrator, consider the questions below. If any of the following apply to your situation, consult with an estate attorney to review your options.
If it seems likely that an elderly testator was subjected to elder abuse that resulted in damage to their estate, it is possible for beneficiaries or executors/administrators to bring a claim against the person or entity they believe to be the culprit.
Below you will find common manifestations of elder financial abuse. Consult with an estate litigation attorney to learn about the types of claims that may apply to your particular matter.
Learn more about our elder financial abuse services.
Surviving spouses and children of decedents may have a right to inherit, even if they are not in the decedent’s will. Unmarried couples, especially ones in long-term relationships who live together, are sometimes entitled to an inheritance; an estate attorney can help enforce their inheritance rights.
We break down the inheritance rights of spouses, children and unmarried couples below.
Learn more about the inheritance rights of spouses, children and unmarried couples.
Keystone’s estate lawyers can serve as an excellent resource for anyone involved in an estate dispute. If it comes down to it, they can also help litigate or defend any claims. Keystone’s estate attorneys go above and beyond to enforce the rights of their clients and provide support throughout the entire estate litigation process.
Being caught up in an estate dispute can be time-consuming, expensive and extremely stressful. But with an estate litigation lawyer on your side to do the heavy lifting, the process can be made easier and more cost-effective. Keep reading or schedule a free consultation with our estate attorneys to learn more about the estate services we offer.
Our client was the sister of the decedent, as well as the administrator of his $50 million estate. She believed her brother, the decedent, had been financially abused prior to his death by two strangers acting as caretakers who had befriended him for the sole purpose of exploiting him.
Toward the end of the decedent’s life, the decedent had been suffering from serious mental illness that had robbed him of most of his mental faculties and made him extremely vulnerable to the undue influence of others. When the decedent had hit rock bottom and needed real help, the two conmen – posing as the decedent’s “friends” and pseudo-caregivers – moved into decedent’s home and slowly began to take over his life.
The abusers were able to siphon from the decedent – both before and after the decedent’s untimely death – millions of dollars in money and property using fraudulent power of attorney documents. Keystone was hired to help appoint the client as the administrator and recover the assets that were missing.
Shortly after getting the client appointed as administrator, Keystone’s estate lawyers helped convince the court to appoint a third-party receiver who was able to recover approximately $2 million in stolen property from the decedent’s abusers. Thereafter, Keystone helped settle the case on terms that were beyond favorable to its client. In addition to the $2 million in assets seized on behalf of the estate, the caretakers agreed to a judgment for an additional $1 million in damages. It was a resounding victory, to say the least.
Our client was the son of the decedent and the executor of his estate. He came to us for help because the wording of his father’s will was unclear about who was to receive the multi-unit property he owned in Santa Monica.
At the time of his death, the decedent had been residing in one of the units with his long-term registered domestic partner. The will provided for her to have use and enjoyment of the property during her lifetime, but it also gave the executor the right to sell the property. Problems emerged because immediately following the death of the decedent, the domestic partner moved out of the state to be with her children, effectively abandoning her use of the property.
Keystone argued that the decedent’s will merely granted the domestic partner a right of occupancy in the property — i.e., a right to possess the property — which she had waived by abandoning the property. The domestic partner, on the other hand, claimed she had a life estate in the property — i.e., a right to own the property for her lifetime —effectively enabling her to come and go as she pleased.
Because an agreement could not be reached between the two parties, Keystone proceeded to file a petition for instruction with the court. Keystone’s compelling arguments helped secure a favorable settlement that permitted its client to sell the property. The domestic partner received only a small portion of the proceeds.
Keystone Law Group dedicates its practice to probate law. Our expert knowledge in the field enables us to better assist our clients and help them obtain the outcomes they want. Read more about Keystone’s estate litigation services below.
Our estate attorneys know estate litigation better than anyone. Whether you are an executor or administrator who needs assistance with preparing estate accountings, a beneficiary who needs help understanding the terms of the will, or an heir who wants to bring a will contest for being left out of the will, our estate lawyers can help. The following are just a few notable accomplishments by members of our team.
Our lawyers specialize in California estate litigation. Our clients come from all over California, including:
If your county isn’t listed above, but you’re in California, reach out to us to see if our estate litigation lawyers may still be able to serve you.
While no two estate disputes are identical, clients inquiring about our estate services ask many of the same questions. Keep reading for our responses to the most frequently asked questions about estate litigation.
The answer to this question can depend on a variety of factors, such as:
Don’t let the potential costs of estate litigation stop you from consulting with an estate lawyer. There may be a way to resolve your estate dispute without breaking the bank. An estate lawyer can present you with budget-friendly options for moving forward after learning more about your case.
To obtain a cost estimate, we recommend you get in touch with one of our estate attorneys for a free consultation.
Yes, minors can be named as beneficiaries. The caveat is that they cannot usually access their inheritances until they are of legal age.
Yes, executors can also be beneficiaries. If you are both the executor and a beneficiary of a will, you must always remember your fiduciary duties to the other beneficiaries of the will and never place your own interests above theirs. It is required that you remain impartial in your decision-making.
If there is an estate dispute, it is crucial for executors and administrators to consult with an estate dispute lawyer prior to deciding whether or not to get involved. Usually, they should refrain from getting involved unless the assets of the estate are at stake or unless an action has been brought against them.
The steps involved in estate administration can vary based on a number of factors, including the size of the estate and whether or not the decedent died with a valid will. Nevertheless, we cover the basic tasks executors and administrators must complete below.
The steps involved in estate administration can vary based on a number of factors, including the size of the estate and whether or not the decedent died with a valid will. Nevertheless, we cover the basic tasks executors and administrators must complete below.
Read more about estate administration.
If you have been named the executor of a will, and it is a role you do not wish to fulfill, you can decline the appointment. The court will then attempt to appoint a backup executor if one is named on the will. If there is no backup executor, the court will appoint an administrator.
Many decedents do die with both a will and a trust. Together they are supposed to present a comprehensive estate plan, but sometimes – either intentionally or accidentally – they end up contradicting each other.
In such a circumstance, it is possible that a portion of the decedent’s assets will pass according to the terms of the trust and the other portion will pass according to the terms of the will. An estate attorney can help evaluate the manner in which the decedent’s assets will be distributed.
If a decedent’s will needs to be probated, whoever is in possession of the document will typically have 30 days to submit it to probate court — although many courts will permit the late lodging of a will.
Once a will is lodged with the court and a petition for probate is filed, the court will determine whether the will can be admitted to probate and who should be appointed as the executor or administrator of the estate. Once an executor or administrator is appointed, the estate administration process can begin.
The estate administration process can take anywhere from several months to several years, depending on the complexity of the estate and whether other factors (e.g., estate taxes and estate litigation) come into play that could delay the administration process.
If beneficiaries and the executor/administrator get along, and there is no will contest, the process can span less than a year. If the estate administration process is contentious or complicated, or if the estate itself is complex, the process can span well over a year.
No. If an estate dispute is taking place, the court will not allow executors and administrators to distribute the contested assets. However, it is possible the court will allow the executor or administrator to make a distribution to beneficiaries whose financial stake in the estate will not be affected by the outcome of the dispute.
It depends. As previously mentioned, executors have fiduciary duties that require them to only execute actions that align with the beneficiaries’ best interests. Sometimes, this means selling the decedent’s property to pay off the decedent’s debts. Other times, this means limiting beneficiaries’ distributions.
While beneficiaries may not agree with these sorts of decisions, executors and administrators do have the right to make them, so long as their decisions are in the best interest of the estate and conform with California law.
As a general rule, executors and administrators must make distributions to beneficiaries according to the terms of the will, as well as the laws set forth by the state. In this matter, executors and administrators have little discretion.
However, if an estate is engaged in litigation or there are other factors that complicate administration, the executor or administrator may be within their discretion to temporarily withhold distributions to beneficiaries.
Certainly. Beneficiaries can sue executors and administrators for failing to carry out their duties competently and ethically. It is important for beneficiaries to remember that they cannot sue an executor or administrator simply because they do not like the terms of a will or because they are unhappy about a decision an executor or administrator had to make (e.g., selling estate property, reducing distributions) in order to protect the estate.
Reasons why beneficiaries may pursue estate litigation for misconduct include the executor/administrator’s failure to:
Read more about beneficiary rights.
Put simply, a codicil is an amendment to a will created after the will has already been executed. To implement a legally valid codicil, one must follow the same procedures as they did when drafting and executing their original will.
Many testators opt for codicils to eliminate the hassle of creating an entirely new will after their end-of-life plans change. A codicil is akin to a trust amendment.
Not really. Generally, an attorney-in-fact’s powers expire after the principal (the person who designated them as attorney-in-fact) dies.
That being said, if a person has been granted power of attorney, it does signify to the court that the decedent entrusted this person with their finances, so the court may appoint them administrator of the estate if no will exists, so long as they are also an heir.
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It is not an easy job to be the executor or administrator of an estate. There are many tasks to complete and complexities to navigate – and if executors or administrators make a mistake that damages the estate in any way, they could be held personally liable for paying damages to beneficiaries.
A qualified estate attorney can help streamline the estate administration process for executors and administrators by assisting with the following functions.
Estate accounting – keeping accurate records of every penny that leaves and comes into the estate – may be the single most important duty of executors and administrators. It is almost a guarantee that if executors and administrators fail to competently fulfill this duty, they will face legal retaliation at the hands of the beneficiaries.
When preparing estate accountings, there is a strict set of guidelines executors and administrators must follow. Mistakes stemming from negligence or a lack of knowledge about estate laws do not qualify as a valid excuse in the eyes of the court, since executors and administrators have an abundance of resources (e.g., estate lawyers, CPAs) available to them.
Estate attorneys can help guide executors and administrators through the accounting process by either preparing code-compliant accountings on their behalf or by inspecting their accountings after they’ve been prepared to make sure they are error-free.
If an executor’s or administrator’s estate accountings seem inaccurate or incomplete, beneficiaries have the right to challenge them in court. If you are a beneficiary, it is important to remember that not all accounting errors are obvious. An estate lawyer can help parse accounting documents to ensure they are accurate and code-compliant.
When estate accountings are inadequate or point to misconduct on the part of the executor or administrator, an estate attorney can assist beneficiaries with challenging those accountings in court, and, depending on the gravity of the misconduct, removing and surcharging the executor or administrator. The judge may also require the executor or administrator to cover the cost of the opposing side’s attorney’s fees.
Anytime there are issues over assets, such as real estate, that belong to the decedent’s estate, they are called property disputes.
Property disputes are common in probate. While the substance of disputes can vary, they do tend to fall under one of the categories listed below.
If someone illegally appropriated a testator’s property, they can be sued, even if their malfeasance isn’t discovered until after the testator has died.
It is well within the rights of executors, administrators and beneficiaries to bring an action against the alleged offender or offenders to recover the misappropriated assets and possibly punitive damages if the conduct was sufficiently egregious.
It should be noted that while beneficiaries have no obligation to bring a claim against an alleged offender, executors and administrators usually do. If it becomes apparent that the estate’s assets had been compromised in any way, it is the duty of executors and administrators to investigate, and if appropriate, litigate.
An estate lawyer can help executors and administrators with the estate litigation process, as well as anyone who is defending an allegation.
If the court determines that the accused – whether it be an executor or administrator, beneficiary or third party – more than likely committed a malfeasance that caused damage to the estate or resulted in the decedent drastically altering their estate plan, it may hold the accused party liable for paying damages. The accused party may also be required to return lost assets and cover the opposing party’s attorney’s fees and costs.
If a property claim has been brought against you, it is crucial for you to seek counsel from an experienced estate attorney who can help craft a defense strategy that would either minimize your liability or get the claim dismissed entirely.
Probate Code section 850 provides litigants with the opportunity to file petitions (known as “850 Petitions”) in the probate court to claim an interest in an asset. Below are some scenarios for which 850 Petitions can be filed.
If a decedent entered into a contract to sell real estate to a third party prior to the decedent’s death, the third party can file an 850 Petition to complete the transfer.
If a decedent dies holding title or possession of an asset that rightfully belongs to someone else, that third party can file an 850 Petition seeking to have the property transferred out of the decedent’s name and to them.
If the decedent’s estate claims an interest in an asset that is in the possession of someone else, an 850 Petition can be brought seeking to have the property transferred to the decedent’s estate.
An estate attorney can help executors or administrators and interested parties bring or defend 850 Petitions to secure the transfer of property into or out of an estate.
Wills must pass through probate before executors and administrators can make distributions to beneficiaries. Only after the court admits a will to probate by determining that it is the true, valid will of the decedent can the estate be administered.
If disputes arise concerning the validity of a will offered for probate, it is possible to bring what is called a will contest – a petition aiming to invalidate the entire will or portions of it.
If you suspect misconduct or error to have played a role in the drafting or execution of a will, you can bring a will contest to have the will invalidated. Generally, the only requirement for starting a will contest is that you have financial stake in the outcome of the case.
A skilled estate attorney can provide advice about whether beneficiaries have standing and proper cause to bring a will contest, as well as provide executors and administrators guidance about whether or not to get involved.
If a will contest is filed that seeks to invalidate a will naming you as a beneficiary, it may be worth your while to oppose the will contest with help from a skilled estate lawyer. Beneficiaries who fail to defend a contest lose their seat at the negotiating table, resulting in their potentially losing their inheritance. Executors and administrators who fail to defend a contest risk removal.
For most people, litigation is a last resort. Not only can it get costly to litigate but it can put distributions on hold for months or even years. The good news is that if the parties involved in an estate dispute do not wish to litigate, they can hire an estate lawyer to help them reach a settlement outside of the courtroom.
If you suspect misconduct or error to have played a role in the drafting or execution of a will, you can bring a will contest to have the will invalidated. Generally, the only requirement for starting a will contest is that you have financial stake in the outcome of the case.
A skilled estate attorney can provide advice about whether beneficiaries and heirs have standing and proper cause to bring a will contest, as well as provide executors and administrators guidance about whether or not to get involved.
Learn more about contesting a will.
If a “payable-on-death beneficiary” has been designated for a particular asset, that asset will transfer directly to the designated beneficiary when the owner of that asset dies. While beneficiary designations seem simple enough, they can cause problems if the decedent also included the asset in their will or otherwise expressed an intent that the asset should be distributed to someone other than the designated payable-on-death beneficiary.
Below are the most common types of assets with beneficiary designations:
While beneficiary designations generally take precedence over the terms of a will, they can be contested if beneficiaries have evidence to demonstrate that the decedent actually intended the asset to be distributed to the beneficiaries named in the will, or if they suspect a designated beneficiary change was the result of misconduct.
Because of the complexities involved in these sorts of estate disputes, it is essential for both parties to be represented by a skilled estate lawyer, who can help them navigate the case and reach a favorable outcome.
It is possible executors and administrators will have to get involved in beneficiary designation disputes if a payable-on-death beneficiary is challenged. In the same vein, designated beneficiaries may be put in the position of having to defend their right to the inheritance if interested parties or the executor or administrator attempt to invalidate it.
As previously mentioned, it is wise for anyone involved in a beneficiary designation dispute to seek legal counsel from an estate dispute lawyer who can help enforce their rights.
An estate lawyer can help ensure wills do not violate the inheritance rights of spouses, children and unmarried couples; if they do, the estate attorney can help these interested parties take the necessary steps to obtain their rightful inheritances.
California law includes protections for spouses and children who are inadvertently omitted as beneficiaries from a decedent’s estate under certain circumstances. If the right circumstances apply, spouses and children may be entitled to a portion of the estate’s assets.
Even if you are a child or a spouse who has a right to an inheritance, it is recommended you solicit the help of an estate lawyer who can make sure you obtain the inheritance to which you’re entitled.
When discussing spousal inheritance rights, you are likely to come across the terms community property and separate property.
Community property refers to assets accumulated over the course of a marriage. As the name suggests, this kind of property belongs equally to both partners. When a spouse dies, their will can only dispose of their half of the community property.
Separate property applies to property acquired prior to marriage, and sometimes, to certain types of property acquired during marriage (e.g., property obtained by gift or inheritance and anything purchased using this property).
Problems can arise when a deceased spouse tries to dispose of their surviving spouse’s interest in community property as part of their will.
An experienced estate lawyer can help surviving spouses ensure every asset in the decedent’s will is actually the decedent’s to distribute. An estate attorney can also help beneficiaries protect their inheritances if a spouse is improperly claiming ownership of them.
In certain situations, the surviving spouse and minor children of the decedent are permitted to remain in their deceased family member’s home until the youngest child comes of legal age. Probate homestead can supersede a decedent’s will if the decedent attempts to leave the home to someone other than a surviving spouse and protect the home from coming within the reach of creditors and beneficiaries who wish to claim it.
If a decedent provided financial support to spouses, minor children or dependent loved ones prior to their death, the court may authorize payments to be made to these individuals from any source within the decedent’s estate. For many, family allowances can be crucial for survival during the administration process. An estate lawyer can help family members of decedents receive the allowances to which they’re entitled while the will is in probate.
It is becoming increasingly common for couples to live together without getting married. In many instances, cohabitating couples make written, oral or implied agreements to leave each other all or a portion of their assets when they die. Estate disputes can arise when one partner dies without having formalized the agreement with their partner through an estate plan or other legally valid document.
The surviving partner can attempt to obtain some or all of their partner’s estate by arguing that an agreement had existed between the couple. An estate dispute attorney can provide guidance about the best route of action.
It sometimes is the case that a divorced spouse is named as a beneficiary of a will. It may be intentional on the part of the testator, but it’s more likely that the will had been drafted or executed prior to the divorce. Whatever the situation, the will’s other beneficiaries may be able to challenge the divorced spouse’s right to an inheritance.
An estate lawyer can help divorced spouses navigate these complexities, and, if needed, bring an action to claim the inheritance to which they’re entitled. A qualified estate attorney can likewise help an estate ensure that a divorced spouse does not obtain any property to which they are not entitled.
Keystone Law Group’s estate services cover a wide range of estate law. If you are in California and seeking the counsel of an experienced attorney, Keystone has you covered.
