Estate Litigation

Estate Litigation Lawyer in Laguna Woods

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.

Contact us now at (949) 303-7811 to learn more about how you can receive answers about the entire litigation process.

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

Pretermitted Heirs

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.

Call us today at (949) 303-7811 or contact us online so that Giammichele Law, APC can help you avoid the major anxieties which can come with estate litigation.

Clients Tell Their Stories

Testimonials

  • “I’m very satisfied with the service that I received. Mr. Alchehayed and his assistant were always professional and took time to answer all of my many questions. They returned my calls and emails in a ...”

    - Deanna

  • “The Law Offices of Steven Giammichele are absolutely the best. Ilian Alchehayed my lawyer at the firm and assistant Katrina Lopez are handling my divorce. They are impeccable. They are communicative, ...”

    - Xavier M.

  • “He does his research and he is compelled to achieve the best for his clients.”

    - I.A.
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Client-focused.
results-oriented.

What You Can Expect With Us
  • Cost-Efficient Approach
    We aim to work with you to get the best results at the lowest cost possible. We also offer payment plans for our services, so contact us today for more information.
  • Accessible Counsel
    No one should be kept in the dark about their case. If you give us a call, we will get back to you with updates about your case. If you need to schedule time outside of business hours, we will happily accommodate your schedule.
  • Tailored Results
    We don't believe in providing you cookie cutter solutions. We take the time to properly evaluate your situation and provide strategic solutions to achieve optimal results.
  • Experience & Knowledge
    Our attorneys have experience in various areas of law, which provides a unique perspective in trust and estate litigation and family law.
where you're in trusted hands

At Giammichele Law, APC , you will work with attorneys with the skill to deliver the results your looking for. Reach out to our firm to discuss your case during a consultation.

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