Trust & Will Disputes Attorneys in Los Angeles, California

The loss of a loved one can be an emotional and overwhelming time for the surviving family members. For this reason, it is not uncommon for disputes to arise among the heirs over the distribution of the decedent’s assets and the interpretation of the terms of a will or trust.

Under California law, heirs have a right to contest the validity of a will or trust or challenge the actions of the trustee or executor of the deceased person’s estate. Most trust and will disputes involve multiple parties with conflicting interests and different opinions.

While some disputes can be resolved by negotiations, others may require litigation. The real estate and probate attorneys at Gomez Law, APC help clients in Los Angeles, California, and throughout Los Angeles County, including Pasadena, Glendale, and West Covina handle and resolve trust and will disputes. The law firm has a reputation for providing personalized solutions to each and every client.

What Is a Trust and Will Dispute?

A will and trust are legal documents that outline the manner in which a person’s assets will be distributed after their death. Often, disputes arise when heirs challenge the validity of the legal document. However, questions over the validity of a will or trust are not the only cause of disputes.

If you are dealing with a trust or will dispute and need help asserting your rights, consider contacting an estate planning attorney. The knowledgeable attorneys at Gomez Law, APC have extensive experience resolving trust and will disputes.

Common Trust and Will Disputes

There are different types of trust and will disputes that may arise between heirs after the death of their family member. Gomez Law, APC, a reputable law firm based in Los Angeles, California, offers representation in disputes involving the following common estate disputes: 

• The validity of the will has come into question; 

• Wrongdoing on the part of the trustee or executor of the estate;

• Undue influence;

• Conflicts with executor; 

• The document was destroyed or altered;

• Lack of testamentary capacity, which means that the person creating the document lacked mental capacity;

• The assets were not distributed in accordance with the wishes outlined in the will or trust;

• Breach of fiduciary duty; and

• Theft or mismanagement of estate funds or assets.

The attorneys at Gomez Law, APC have experience helping clients contest and defend wills and trusts. Whether you are starting a trust or will dispute or defending challenges to a will or trust, consider hiring an attorney to discuss your legal rights and options.

Remedies for Trust and Will Disputes

There may be different ways to resolve a trust or will dispute. It is generally a good idea to consult with an experienced attorney to understand the remedies available in your specific situation. Depending on the circumstances of your unique case, the remedies that may be applied to your trust or will dispute include:

1. Removal of the executor. Executors and personal representatives have an obligation to act in the best interest of the estate and perform their duties with due diligence. When a dispute involves the mismanagement of estate assets by the executor, the removal of the executor may be the viable option to resolve the issue.  

2. Mediation. Usually, heirs prefer to use alternative dispute resolution (ADR) methods, including mediation, to resolve trust and will disputes outside of court. Many choose to stay out of court for two primary reasons: (1) alternative dispute resolution methods are less expensive and hostile than litigation, and (2) they guarantee confidentiality. Mediation, the most common ADR method, involves a neutral third party (the mediator) who facilitates negotiations between the parties.

3. Litigation. Not all trust and will disputes can be resolved through negotiation or settlement. When that is the case, going to court may be the only option to resolve a dispute. However, a dispute over a will or trust may turn into a drawn-out, expensive, and painful court battle that lasts for years.

When determining the available remedies to resolve a trust or will dispute, consider contacting a skilled attorney who can explain your legal rights and options. Many people do not realize what their rights are when dealing with a dispute. That is why a consultation with an experienced attorney may be necessary to understand your remedies for trust and will disputes. If you are currently dealing with a dispute, contact an attorney to help you resolve the issue before it grows into a drawn-out and costly court battle.