In most trust litigation cases, a testamentary document can be challenged, otherwise known as contesting. Contesting a will or trust is the act of challenging the validity of such document, under the idea that it does not, or no longer reflects the true wishes or intentions of the testator. A trust or will can be contested on a variety of grounds, but ultimately proof of undue influence or...
Inheritance disputes are one of the most common legal cases. They typically arise due to a variety of reasons ranging from discrepancy in distribution, lack of testamentary documents, elderly abuse, familial conflicts, or all of the above. Often these issues are a result of direct actions or influences by outside parties, commonly family members or friends of the decedent.
Situations like...
With people living longer than ever, the number of elderly being diagnosed with dementia and Alzheimer’s Disease is on the rise. Many people living with these diseases have already created an estate plan, but what happens if someone wishes to change a will after receiving a diagnosis of dementia? Is he or she allowed to change the will? The experienced estate planning and probate lawyers at...
If you are facing a criminal charge, no matter how minor, you should talk to a defense attorney to fully understand your case. A consultation with an experienced attorney will help you to understand the charges placed against you, the defenses available, what if any plea bargains may be offered to you, and what you should do if you are convicted. We offer free consultations – just contact us....
The passing of a loved one is never easy, but if your family member had an estate plan in place, you may inherit something to remember him or her by. In California, a person’s will must be submitted to probate in order for the estate to be distributed, and one of the most common questions that our office is asked is how long does probate take? The answer is that it depends on a number of...
A living trust is a useful tool for managing your estate assets both while you are still alive and after your passing. This type of trust protects your assets, removes them from the probate process, and can potentially save your beneficiaries significant money when it comes to paying taxes on your estate. At The Inheritance Recovery Attorneys, our team of experienced trust litigation attorneys...
In the vast majority of cases, the reading of a will is an unsurprising event. Oftentimes, the deceased will have told their heirs what to expect to inherit or the inheritance is divided up as expected. However, in some cases, the reading of a will results in shocking revelations about who will or will not inherit and how much of the estate goes to each beneficiary. In these situations, you...
Being named as the administrator or executor of an estate can be an honor, but it can also feel like an overwhelming task. Many people wonder if they can go through probate on their own. If the estate is simple, and you have both the time and patience to handle the case, you might be able to manage probate by yourself. However, if there is even a chance of the following issues, you should...
The death of a family member can be a tumultuous time for you and your loved ones. In some cases this situation can bring the remaining family closer together, but other times it can further widen the rift between siblings and other members of the family. If someone does not receive a portion of the deceased’s estate they think is fair or is excluded from the will, he or she may contest the...
It is never easy dealing with the loss of a loved one, any everyone handles grief in a different way. When attempting to manage the probate process and handle the different family dynamics, the entire situation can sometimes feel overwhelming. At The Inheritance Recovery Attorneys, we understand how stressful and complicated dealing with family dynamics during probate can be, and we are here...