After someone dies, their last will and testament goes to probate. This is a legal process that determines if the document is legal and the decedent’s wishes are being carried out as they intended. If there is no will, the probate court must determine the best way to distribute the decedent’s assets as the decedent would have wanted. In both cases, there may be someone who disputes the distribution of the assets.
Because the time after someone dies is always an emotional time, people may not make the best decisions during a dispute. Probate court needs someone there who can represent the parties and keep the interests of the family and the decedent in mind. At Hackard Law, our attorneys have extensive experience in maintaining calm and order during these difficult times. Call to schedule a free consultation with a Fremont probate litigation lawyer.
Many people hope that by writing a will or trust, there will be no dispute after they pass. That is the purpose of writing a will in the first place. A trust should be even easier: The trustee should distribute all the assets, and that should be that.
Unfortunately, things are not always that simple. A Fremont probate litigation attorney can help you when any of these issues appear during a probate case:
The testator (the one who wrote the will) can change it as often as they like. However, it must be done in a certain way to be valid. If a revision or codicil (amendment) isn’t done properly, it can be considered invalid.
A handwritten will can be legal in California, but it is harder to prove. Handwritten changes to existing wills may not be valid if they appear at the last moment or without witnesses.
“Pretermitted” is a fancy way of saying children born after the will was written. People often fail to update their wills, leaving children born after the signing without an inheritance.
A will is only valid if the individual knew what they were giving and who they were giving it to. Caregivers of elderly individuals may face challenges of undue influence if wills are suddenly changed.
These are only a few of the challenges that family members may face during a contested probate. Help from an experienced probate litigation attorney can help make the process run more easily for everyone involved.
Probate litigation law is not the same as estate planning. A good wills and trusts attorney can write an airtight trust, but may not be able to represent the beneficiaries in court. At Hackard Law, we focus on trial litigation. Our probate litigation attorneys in Fremont have years of experience in probate court and know how the California probate system works.
Our legal team can help you avoid the cost of litigation by working with you and other parties in mediation before the trial starts. Thanks to our reputation in California courts, we have the reputation to bring attorneys into negotiation and avoid lengthy trials. However, if a trial is necessary, we will take all steps to ensure you receive the best possible outcome during and after the case.
We work on a contingency fee basis, meaning we receive no compensation until your case is resolved. The initial consultation is free. Call Hackard Law today for a case evaluation and consultation with a Fremont probate litigation lawyer.
(916) 313-3030