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Estate and
Trust Litigation
If
your family has experienced the loss of a family
member or cherished friend, the Law Offices of
Sydney C. Kirkland can assist you with the legal process
that occurs when a loved one passes away. If
your loved one had a Will, the family will go
through a process called
Probate. If your loved one had a Trust, the
family will go through a process called
Trust Administration.
What happens when family members disagree
with the process?
Sometimes when a loved one passes away disputes
arise regarding the final disposition of your
loved ones’ estate. This can be due to
incomplete estate planning prior to death,
family infighting or generational conflict
between children of the first marriage and the
surviving second spouse. In fact, individual
family members usually have very different
“versions” of what should happen to the estate
of their lost loved one. Law suits over Wills,
Trusts and Probate are complicated and emotional
matters.
Sadly, when interested parties (such as heirs
and beneficiaries) disagree about the manner
(and eventual outcome) of the Probate or Trust
Administration, they take the dispute to court
to try and change the result of the plan (Trust
or Will) the deceased loved one carefully
prepared.
What are no contest clauses? Don’t they
prevent law suits?
At this time, California is one of a handful of
states that still recognize the “no contest
clause”. Simply put, a no contest clause
disinherits anyone named in the Will or Trust if
they initiate a law suit because of the
provisions of that Will or Trust. However, a no
contest clause does not prevent a potential heir
who is unnamed or intentionally disinherited in
the Will or Trust, or someone who receives only
a small fraction of what they believe they are
entitled, from filing suit because they feel
they have nothing to lose and everything to gain
by such an action.
What should a Beneficiary, Heir, Trustee,
Executor or other interested party do if they
suspect a law suit is imminent?
If trust or probate litigation is looming on the
horizon, the Beneficiaries, Heirs, Trustees,
Executors, or other interested parties need
representation from an attorney experienced not
only in Estate Planning and Administration, but
also familiar with applicable laws and
procedures relating to Probate, Wills, Trusts,
State and Federal Taxation, and other areas.
This knowledge is required for effective
litigation representation.
We have over 20 years
of experience in Estate, Trust and Probate
Litigation. You need experienced attorneys who
will effectively and efficiently assist you when
you are fighting over a loved ones’ estate. If
you are facing a law suit please
contact us and one
of our experienced attorneys will advise you on
the merits of your case. We offer a free, 30
minute, initial consultation in our offices.
If you think you may become involved in
litigation, please consult an attorney
experienced in the area of law that is the
subject of the law suit.
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FAQs
