Losing a loved one is never easy, and you are understandably going through emotional turmoil. In these situations, the last thing you need is an issue with their will and estate. The probate process is meant to distribute the decedent’s assets, but it only acts according to the instructions it is given and does not get involved in resolving a dispute.
If you need help dealing with an issue in your loved one’s will, come and see a San Jose probate litigation lawyer at Hackard Law. Our attorneys have extensive experience representing beneficiaries like yourself in a wide range of estate matters that require intervention from the courts. Like other trial lawyers, we work on a contingency basis, so you do not have to pay until we find a solution to your situation.
A person’s last will and testament is meant to lay out their desires for how they want their assets and possessions passed down to their beneficiaries. The probate process validates the will and distributes the estate according to the document or, if there is no will, according to the default state rules. However, there are a number of situations where one or more beneficiaries want to challenge the will in the San Jose courts and need to retain legal representation.
Perhaps the most common is the validity of the will. Just because it was signed by the person does not necessarily make it valid. For starters, they must have the mental capacity to fully communicate their desires, and if they do not, then their will is rendered invalid.
Similarly, the will cannot be made under fraud, duress, or abuse. It is unfortunate to say that a seemingly trusted caregiver, family member, or financial professional may trick an elderly person into leaving them significant assets in the document.
Even if the will is validated in probate, there may still be issues with how it is being administered. The testator names an executor who is supposed to handle distributing the assets, and they are bound by a fiduciary duty to act with honesty and integrity in the matter. Disputes may arise when beneficiaries suspect that the executor has breached that duty, has improperly valued certain assets, or has raised any other issues with the executor’s performance.
Litigation in San Jose can be a long process, and a probate attorney must follow the rules of the courts, which can delay the assets from getting to the intended beneficiaries. Thankfully, there may be alternative forms of dispute resolution that are quicker and more cost-effective.
Mediation is a very popular method. Here, a neutral third-party, called the mediator, goes back and forth between both sides and attempts to find common ground. This is particularly effective when the issue becomes contentious, and emotion gets in the way of a solution. Both parties also have more control over the outcome. However, mediation only works when the sides are willing to compromise, and it may not be appropriate for every situation.
If you wish to challenge your loved one’s will or have a dispute with how the executor is performing their duties, a San Jose probate litigation lawyer from Hackard Law could help you find a solution. We understand that this is an emotionally trying time, so let us handle the legal work.
With our contingency fee basis, you do not have to pay us anything until we resolve your case. Call Hackard Law and tell us about your situation.
(916) 313-3030