By David Baron
Many people think of a probate litigation case, as a case that occurs after a person is deceased. That is only partially true as these cases can certainly involve cases involving wills, trusts, estates, asset disputes, joint bank accounts, gifts. There are many cases, however, that occur while a person is still living.
What Cases Can Be Contested?
Cases that are for guardians, powers of attorney, conservators, advocate designations, and living wills are such cases. In fact, there are a lot of reasons that you may need a Palm Springs probate attorney including:
• Will Contests/Will Challenges
• Addressing Breach of Fiduciary Duty Matters
• Addressing Fraudulent Transfers from Estates and Trusts
• Addressing Surviving Spouse about Spousal Rights of Election
• Advising and Representing Beneficiaries and Executors during Wrongful Death Claims
• Compelling and Defending Accountings
• Filing and Defending Caveats
• Representing Beneficiaries Regarding Removal of Trustees and Executor
• Representing Co-Executors/Co-Administrators and Co-Trustees During Disputes
• Representing People during Power of Attorney Disputes
• Representing People during Guardianship Filings
• Representing People during Trust Reformations
• Representing People to Will and Trust Construction Disputes
Who Needs a Probate Attorney?
Many different people may need a probate attorney. We represent beneficiaries who may get something following a person’s death. We also represent executors and administrators when someone feels that they are not doing their job under state and federal laws.
Furthermore, we represent heirs when a person dies and leaves no will or trust. Finally, we can help people put in a claim against an estate. Remember that if you think you need an attorney, the law is very specific about the time frame that you have to act.
Cases Handled with Experience
The majority of cases that we handle involve contests of wills. While most go through the probate process without any problems, about one percent of cases will end up being litigated usually because of fraud, existence of a later will, undue influence or improper execution.
When you contact our office, understand that we will become your advocate. This is particularly true if you become the personal representative of the estate and receive a “letters of testamentary” document giving you power to have appraised, sell and distribute the estate’s assets.
The process can be stressful. Therefore, you need an advocate on your side.