The Experience You Need on Your Side
A trust or probate estate is designed to do two primary tasks: honor the wishes of a deceased person following their death, and provide financial support to the beneficiaries in their time of grief. However, in many cases, the process of distributing the deceased's property is never as simple as it may appear. Often, the way an estate has been allocated or a trust has been written can result in many conflicts, even amongst the closest of families.
To make sure that you are actually getting the portion which you are owed, and that the legacy and desires of your loved one have been thoroughly protected, the most helpful step you could take is to get aid from our team at Giammichele Law, APC. Our estate litigation lawyer in Laguna Woods can give you the support you need to resolve these conflicts.
Types of Litigation Disputes
While no one desires to create a conflict in the midst of such a stressful time, following the death of a loved one, it is important to attempt to plan ahead by establishing guidelines in case of conflicts and disputes.
Some of the litigation disputes which we have successfully aided our clients in have included those dealing with:
- Issues of probate litigation and estate litigation
- Contesting complicated terms for wills and trusts
- Situations where fiduciary duties have been breached, so the fiduciaries are forced to be removed or replaced
- Ambiguous interpretations and translation of the spirit and intent of wills and trusts' formation and distribution
- Cases where the deceased was lacking in mental capacity or emotional duress
- Examples where fraud took place or there was undue influence in making the legal document
- The rights of spouses or types of meretricious relationship
- Cases where heirship must be determined
- Disputes of federal and state taxes
One challenge you might be facing as a relative to a recently deceased family member is that of being a pretermitted heir, meaning someone who has been omitted from a will. This occurs surprisingly often, sometimes because the decedent's mental state was confused in their elderly age or because they were suffering from a memory lapse from an illness like Alzheimer's.
At other times, a decedent might mistakenly assume that the rest of their estate would be automatically distributed to the person closest to them, such as a spouse, so they neglect to even name their partner as a beneficiary. Section 21610 and section 21620 of the California Probate Code detail how spouses and children can still be entitled to elective shares although they were not specifically named.
Counsel You Can Trust
When it comes to re-examining the terms of an estate plan, you will want someone who is not only well-versed in the deep complexities of litigation, but one who can navigate through all the delicate, emotional scenarios which could occur with family members as well. Our estate litigation lawyer in Laguna Woods can give you supreme legal guidance while gently negotiating compromises.