The last thing you want to worry about when dealing with a difficult situation like the loss of a loved one, the declining mental competence of an elder or a child who has lost their parents is to navigate California’s complicated probate laws on your own. Keystone’s probate attorneys possess the experience and expertise to provide you with the legal guidance and representation you need to move through the process as seamlessly as possible.
We understand how difficult and emotional probate matters can be, which is why we are dedicated to handling every case we receive with the compassion and professionalism you would expect from a top-tier law firm. Every member of our team has the necessary skill set to work toward favorable outcomes for even the most complicated probate matters. Contact us today to schedule your free consultation.
Probate litigation is a broad term referring to litigated matters involving deceased persons’ estates or trusts, or the protection of vulnerable persons, such as elders, minors, and physically or developmentally disabled adults.
The types of probate litigation matters Keystone handles include:
Probate litigation can be complicated because probate law itself is complex and difficult to understand for both clients and inexperienced practitioners. Due to the sensitive nature of probate litigation disputes, probate disputes can be highly emotional for clients and opposing parties alike, which only compounds the difficulty.
In challenging predicaments such as these, it is necessary to have a probate lawyer with a nuanced understanding of the law on your side to counsel and represent you during the claims process.
Keystone’s skilled lawyers have the ability to resolve probate disputes through various means, including mediation between the parties and, if mediation is unsuccessful, representing clients in all phases of litigation from inception through at trial and, if necessary, appeal.
At Keystone, our probate litigation attorneys work with a wide range of clients, including executors / administrators, trustees, beneficiaries, heirs, spouses, conservators, guardians, creditors and attorneys-in-fact. Whether you need to litigate or simply require counseling on a complicated legal matter, Keystone’s probate lawyers are here to help.
We provide guidance to executors and administrators throughout the probate process and administration to help them satisfy their duties and protect them against liabilities.
We provide guidance to trustees throughout administration to help them satisfy their duties and protect them against liabilities.
We help beneficiaries claim and protect their rightful inheritance by enforcing their rights in estate and trust disputes.
We help enforce the community property rights of surviving spouses after the death of their spouse.
We help conservators protect elders by assisting clients with establishing a conservatorship, and then assisting clients with administering a conservatorship after appointment. We also help proposed conservatees and their family members and loved ones oppose conservatorships if they believe one is being improperly sought.
We help guardians protect minors by assisting them with establishing guardianships and navigating the guardianship administration process.
We help creditors enter and enforce claims against deceased debtors’ estates and debtor-beneficiaries.
We provide guidance to attorneys-in-fact, and help bring and defend claims of power of attorney abuse.
While each probate case comes with its own unique set of circumstances, clients we’ve worked with often share similar questions. We’ve answered the most commonly asked questions for you below.
Probate litigation can sometimes be avoided through careful estate planning. For example, through your estate planning documents, you can not only provide instructions for how to divide your property after death, but you can also nominate a conservator or use a power of attorney document to appoint an attorney-in-fact to act your behalf should you become incapacitated during your lifetime. Furthermore, if you have minor children, you can nominate a guardian to manage their care and take over custody of them in the event you die, or become unable or unfit to fulfill your parental responsibilities.
That being said, even if a person has a solid estate plan, there is no guarantee that it will prevent probate disputes from arising. If you are currently involved in a probate dispute,an experienced probate attorney can help you devise a strategy to resolve your dispute based on your budget and goals.
We practice exclusively in probate, so if your concerns are related to estate planning, we would be happy to refer you to a firm we trust that can help you minimize the probability of disputes arising after your death.
Probate matters can take anywhere from six months to two years or longer to resolve, depending on the type of claim being brought, the number of parties involved and the complexity of the case. Because each probate case is different, the best way to get an accurate estimate about its probable span is to consult with a probate attorney.
There isn’t a statute of limitations that applies to all probate cases; it varies based on the type of probate case you have. For example, if you are seeking to contest a trust, you may only have 120 days from the date you are served with a formal notification by the trustee/the trust to bring your claim. If you are a creditor, you will be subject to entirely different statutes of limitations and may have as long as one year from the debtor’s date of death to file a claim with the probate court.
Because statutes of limitations can vary and can expire at any time, it is crucial to consult with a lawyer as soon as you realize that you may have a claim to obtain guidance about the deadlines that apply to you.
The requirements for who can bring a probate claim vary based on the type of claim in question. For example, if the claim surrounds the validity of a will or trust, only those with standing (e.g., persons with a financial stake in the matter, such as beneficiaries and heirs) can bring the claim. Conversely, if the petition is for a conservatorship or guardianship, almost any competent adult can petition for the appointment of a conservator.
To find out whether you have the authority to enter your desired probate claim, speak with a probate lawyer about your case.
While you are not required to have a probate lawyer for your case, it is highly recommended that you do. Probate litigation can be complex and time-consuming, but it can be streamlined with the help of an experienced attorney, who can evaluate your options with you and help you achieve your legal goals .
Although cost depends on the complexity of the case and the amount of time it takes to resolve, it is generally a given that probate litigation will be expensive, especially if it does not settle outside of court. If the case involved misconduct of some kind (e.g., fiduciary misconduct or financial abuse), and the case against the alleged perpetrator of the misconduct is proven, the court may order for the perpetrator to pay the winning party’s attorney’s fees and costs. However, that court may not award attorney’s fees until the conclusion of the case, so it is better to assume you will be paying the full cost of your attorney than to assume you won’t be.
If the costs you are asking about relate to probate or trust administration, attorneys’ fees may be assessed as a percentage of the estate or trust, and there may also be costs for court hearings and filing motions, on top of the fees for trustees and executors/administrators, and their attorneys.
The thing to keep in mind is that there is no one way to resolve a probate matter. If prolonged litigation is not something you can afford, your attorney may be able to present you with options that are more budget-friendly.
While you are not required to have a probate lawyer for your case, it is highly recommended. Probate litigation can be complex and time-consuming, and an experienced attorney can ensure that your rights are protected and you know all options available to you.
Probate litigation can be costly depending upon the complexity of the case and the amount of time it takes to resolve. Attorneys’ fees may be assessed as a percentage of the estate, and there may also be costs for filing motions and attending court hearings.
Are the terms of a will or trust ambiguous? Are you considering suing the executor or suing the trustee? Are you seeking to divide property through a partition action? Are you a creditor seeking to enforce your claim against a decedent’s estate? Are you a trustee or executor seeking guidance about the duties of your role? Keystone’s team of Los Angeles probate attorneys has you covered. When searching for a probate lawyer, Los Angeles residents should hire a law firm that can provide a full range of probate services. This way, their legal needs are certain to be met. The attorneys at Keystone are experts in probate law, serving clients in areas of practice, such as:
For the best probate lawyers in Los Angeles, turn to Keystone Law Group. It is our mission to provide clients with expert legal guidance through every step of the probate process. Schedule a free consultation with one of our skilled probate attorneys today to get things started. The Los Angeles probate attorneys at Keystone Law Group look forward to helping you favorably resolve your probate matter.
