Trust & Will Disputes Attorneys in Los Angeles

Providing Skilled Legal Representation to Help You Navigate Challenging Family Disputes

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

Contact Gomez Law, APC today to schedule a free case evaluation, and we will be happy to discuss your legal options with you.

What Is a Trust and Will Dispute?

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

Legal Grounds for Contesting a Trust or Will

California law stipulates that individuals wishing to contest a trust or will must have sufficient legal grounds to do so. You may have legal grounds to contact a trust or will if any of the following apply:

Lack of capacity: The individual who created the trust or will lacked the mental capacity to understand its implications
Fraud or forgery: The document was created through fraudulent means or is a forgery
Undue influence: Another party exerted coercive persuasion on the individual who created the trust or will to make decisions they would not have otherwise made
Ambiguous or conflicting terms: The language used in the terms of the trust or will is unclear or open-ended, leading to conflicts or disputes about their meaning
Breach of fiduciary duty: The trustee or executor failed in their legal duty to act in the best interests of the heirs or beneficiaries

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.

What is the Deadline for Disputing a Trust or Will?

In California, interested parties generally have 120 days from the date a trustee mails the required notice to heirs and beneficiaries to dispute a will or trust. The required notice informs heirs and beneficiaries regarding the administration of the trust or will. It is worth noting that although interested parties can dispute trusts up to 120 days, wills can be contested within 120 days of being admitted to probate.

There are exceptions to the 120-day rule. For example, if you did not receive the proper notice as required by law or if new evidence comes to light, you may still have the option to contest the trust or will even if the deadline has passed.

Although 120 days may seem like ample time to contest a trust or will, life can easily get in the way, hampering your efforts to seek legal relief. The most effective solution is to consult a probate litigation lawyer who will thoroughly assess your case. Our law firm has a long-standing track record of assisting clients with estate litigation and would be honored to help you with your legal needs.

What are the Most 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
Conflicts with the 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 per the wishes outlined in the will or trust
Breach of fiduciary duty
Theft or mismanagement of estate funds or trust 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.

What are Legal 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:

Removal of the executor: Executors and personal representatives must act in the best interest of the estate and perform their duties with due diligence. When a dispute arises from the executor’s mismanagement of estate assets, removing the executor may be a viable option to resolve the issue
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
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 are unaware of their rights when facing a dispute. To ensure you are aware of your legal rights, consulting an experienced attorney is the best option. 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.

Trust & Will Disputes Attorneys Serving Los Angeles, California

If you are involved in a trust or will dispute, consider speaking with the attorneys at Gomez Law, APC, to explain your legal rights and remedies for resolving the dispute. Our trust and will dispute attorneys in Los Angeles, California, are available to discuss the circumstances surrounding your issue and explore possible resolution options.

At Gomez Law, APC, our will and trust litigation lawyers have comprehensive experience helping clients obtain favorable outcomes for their legal objectives. If you need effective representation for resolving an estate dispute, contact Gomez Law, APC, today at 213-772-6404 to schedule a free initial consultation.