Los Angeles Legal Disputes Attorney

Helping Clients with Estate Legal Disputes in California

In Los Angeles, legal disputes often begin with a claim that centers around the recently deceased. 

The deceased either:

• Wrote a document
• Had their attorney write a document concerning the fate of their estate

Usually, the attorney will write up the document if the deceased was unable to do so at the time because of either "diminished capacity," or because they were "unduly influenced" by another person.

A claim of ‘diminished capacity’ will sometimes be made if it looks as if the deceased suffered from:

• Dementia
• Was under the influence of medication
• Had undergone a treatment that caused clouded or unclear thinking

Reach out to our Los Angeles legal disputes lawyer for a free phone consultation by calling (310) 526-3433, or contact us online now.

Understanding the Role of a Claimant

A claimant will often believe the Will or Living Trust does not reflect the wishes of the deceased. For example, a claimant may have been entirely omitted from the Will as a beneficiary, or they may have been given less than they believe they would have received if the Will hadn’t been altered shortly before death. The belief is that if the deceased had full capacity, the claimant would have received their fair share of the estate.

In addition to diminished capacity, claims often involve potential financial mishandlings or suspicious last-minute changes to estate documents. Claimants sometimes face challenges proving undue influence, which often requires demonstrating a close, confidential relationship between the influencer and the deceased, and how this relationship was used unethically.

A claim of ‘undue influence’ will sometimes arise when the claimant believes the deceased wrote the Will while someone else, usually the person who ends up receiving the most from the estate, persuaded or manipulated the deceased into making their share a great deal larger than any other share of the estate.

Breach of Fiduciary Duty & Estate Litigation in Los Angeles

Some legal disputes arise when a trustee of the Trust or executor of the Will is found to be in violation of the law or in breach of their fiduciary duty. Fiduciary duty is the obligation the executor or trustee has to obey the rules and regulations that apply to carrying out the terms of the Will or the trust.

Breaches of fiduciary duty can occur in various forms, such as failing to account for estate assets, unauthorized or inappropriate investments, or improperly favoring one beneficiary over others. Trustees and executors are expected to act in the best interest of the beneficiaries, maintaining transparency and adhering strictly to the directives set forth in the legal documents. When these obligations are not met, the involved parties may seek legal remedies through estate litigation.

Sometimes, a fiduciary, while trying to do what is best for the person to whom they are responsible, will go about it the wrong way. This typically ends in a legal dispute between all parties involved.

Trust administration is governed by the California Probate Code and ought to be navigated with an experienced estate litigation attorney in Los Angeles to ensure the wishes of the deceased are carried out according to the law’s requirements.

Executor of Estate & Legal Dispute in CA

Another common estate legal dispute is deciding who in the family gets control over the estate once the estate holder has passed away. This type of dispute can include questions as to who should be the executor if no one was named, as well as who should assume the role if the person named does not or cannot serve.

The selection of an executor can be contentious, particularly if the estate comprises significant assets or if family members disagree on the management approach. Executors are responsible for managing the estate’s affairs efficiently and ethically, handling tasks such as settling debts, distributing assets, and ensuring compliance with the terms of the Will. In the absence of a named or suitable executor, disputes may lead to prolonged court interventions.

To have power over an estate as the executor is to have the power to control the entire property and assets of the deceased. The person who gets control as an executor potentially can earn a fee that makes being the executor lucrative.

Contact our Los Angeles legal dispute lawyer online or by calling (310) 526-3433 today!

Navigating Estate Litigation in Los Angeles

Estate litigation in Los Angeles involves navigating complex state-specific laws and procedures. The California Probate Code governs these matters, and familiarity with local statutes is crucial for the resolution of disputes. Local laws can greatly impact the administration of estates, and issues like community property laws often come into play, particularly when determining asset distribution among surviving spouses and other beneficiaries.

Challenges in estate litigation can include high property values associated with Los Angeles real estate, complicating estate valuations and contentions among heirs. Furthermore, the diverse demographics of the area mean estate disputes may also involve non-traditional family structures, adding another layer of complexity to litigation.

Understanding local court practices and having the ability to effectively negotiate within the Los Angeles judicial system is vital. This necessitates a legal representative who not only has deep knowledge of estate law but is also adept at handling the nuances of local rules and client needs, like those provided by Law Office of Mitchell A. Port.

Preventative Measures & Estate Planning with an Estate Litigation Attorney Los Angeles

A proactive approach to estate planning can significantly reduce the likelihood of litigation. Drafting clear, explicit Wills and trusts, with careful attention to detail and potential contingencies, can help mitigate disputes. Including professional guidance from an estate litigation lawyer during the formation of these documents ensures that all elements are legally solid and less likely to be contested.

Engaging in regular reviews of estate planning documents is also advisable, particularly after significant life events such as marriage, divorce, the birth of a child, or substantial changes in financial status. This ensures the estate plan remains current with the client's wishes and compliant with any changes in law. Educating clients on the benefits of mediation as an alternative dispute resolution can also prevent lengthy legal battles, enabling families to resolve differences amicably outside court.

At Law Office of Mitchell A. Port, taking these preventative steps not only safeguards client assets but also provides peace of mind, knowing that their final wishes will be executed as desired, minimizing stress and potential conflicts among beneficiaries.