• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • Areas We Serve
      • Riverside County
        • Banning
        • Corona
        • Eastvale
        • Hemet
        • Menifee
        • Moreno Valley
        • Murrieta
        • Norco
        • Perris
        • Sun City
      • San Bernardino County
      • Orange County
      • Los Angeles County
      • San Diego County
    • Attorney and Staff Profiles
    • Our Reviews
    • Review Us
  • Elder Law
    • Conservatorships
    • Crisis Planning
    • Estate Planning for the Elderly and Chronically Ill
    • Planning for Long Term Medi-Cal
    • Planning for Veteran’s Aid and Attendance
  • Estate Planning
    • Advanced Estate Planning
      • Asset Protection Lawyer
      • Business Succession Planning
      • California Gun Trust
      • Charitable Planning & Philanthropy
      • Trustee Services
    • Estate Planning Service
    • LGBTQ+ Estate Planning
    • Married Couples Estate Planning
    • Persons with Large Retirement Accounts
    • Pet Planning
    • Special Needs Children
    • Special Needs Trusts
    • Trust Administration
    • Unmarried Couples Estate Planning
    • Unmarried Individuals Estate Planning
  • Probate
  • Will & Trust Contests
    • Conservatorship Contests
    • Probate Litigation
    • Tax Controversy and Tax Planning
    • Trust Litigation
    • Will Contests
  • Resources
    • Riverside, California Elder Law Resources
    • Docubank
    • Downloadable Handbooks
    • Elder Law
      • Elder Law Resources
    • Estate Planning, Elder Law and Tax Law Articles
    • Free Report – Able Account or Special Needs Trust
    • Free Report -Constructing Your Revocable Trust
    • Probate and Trust Administration
      • Bereavement Resources
    • Speaking Engagements
    • Useful Estate Planning, Elder Law and Tax Links
    • Webinars
  • Ask Dennis
  • Webinars
    • Webinar Recordings
    • Upcoming Webinars
  • Blog
  • Contact Us

Inland Empire Estate Planning Attorneys

Sandoval Legacy Group, a division of Holstrom, Block & Parke, a Professional Law Corporation

Connect with us today(855) 513-9876

Text Size A A A
LIVE WEBINARS REGISTER TODAY>>
Home » What to Expect from Probate Litigation

What to Expect from Probate Litigation

May 15, 2018Probate, probate litigation, trust contest, will contest

probate litigation
Probate is the legal process typically required after an individual’s death to settle and distribute the decedent’s estate. The probate process can be costly and complicated even without disputes; however, when a dispute turns into litigation, it can wreak havoc with the administration of the estate. The Riverside probate litigation lawyers at Sandoval Legacy Group, A Professional Law Corporation explain what to expect if you find yourself involved in probate litigation.

Probate Basics

Most people leave behind an estate when they die. That estate consists of all assets, both tangible and intangible, owned by the decedent at the time of death. Probate is the legal process by which those assets are identified, located, valued, and eventually distributed to the intended beneficiaries and/or legal heirs of the estate. Creditors of the estate are also notified and provided an opportunity to file claims during the probate process. If the decedent left behind a valid Last Will and Testament, the individual named as the Executor in that Will is responsible for overseeing the probate process and the terms of the Will are used to determine how the estate assets are distributed. If the decedent died intestate (without a Will), someone typically volunteers to be the Personal Representative and oversee the probate of the estate and the California intestate succession laws dictate how estate assets are distributed. If the decedent left behind a trust, assets held in the trust are not required to go through the probate process. Instead, the Trustee of the trust can distribute those assets to the named beneficiaries at any time according to the terms of the trust within a reasonable time after the Trustor’s death.

Causes of Probate Litigation

As you may well imagine, disputes can occur during the probate of an estate. In fact, the frequency with which probate litigation occurs has been increasing in recent years. Some of the more common causes of probate litigation include:
• Contesting a Will –to contest a Will you must allege, and eventually prove to be successful, that the Will is legally invalid for one of several allowable grounds in the State of California. Those grounds include:
• Lack of testamentary intent or capacity – alleging that the decedent did not have the required mental state when the Will was made.
• Undue influence – claiming that there was an improper influence at the time the Will was drafted and that the influence benefited the person or persons doing the influencing. The person drafting the Will need not be incapacitated in order to be subject to undue influence.
• Fraud –claiming that the Will was made as a result of fraud on the decedent or that fraud was used to create the Will.
• Duress – alleging that the decedent was unlawfully confined or detained when making the will.
• Mistake –claiming a mistake when the Will was made caused it to be invalid, or that a mistake is preventing you from receiving something from the estate to which you are legally entitled.
• Revocation –claiming that the Will was voided, or canceled out by a later Will or similar document.
When a Will contest is initiated, the entire probate process effectively grinds to a halt to focus on the challenge to the Will. Until that issue is decided one way or the other probate cannot move forward because the outcome of the Will contest determines who will receive the probate estate — either under the terms of the Will or using the California intestate succession laws.
• Contesting a Trust – a trust can be contested in much the same way, and for most of the same reason as a Will, including:
• Improper formation of the trust – failure to acquire the proper signatures, witnesses, or other legal requirements at the time the trust was drawn up).
• Lack of capacity — alleges that the Trustor (creator) lacked the requisite mental capacity required by law at the time that the document was created.
• Illegal, unconscionable, or impossible terms – for example, the terms governing the distribution of assets is in violation of existing laws.
• Vague terms — it is unclear or uncertain what the Trustor’s intent was from the language in the document.
• Undue influence – alleges that the Trustor was influenced by a third party when creating the trust agreement and that influence benefited the person who was exercising the influence. Again, it is not necessary to prove incapacity in order to prove undue influence.

Your Role in Probate Litigation

If you are an Executor, Administrator, Personal Representative, or Trustee you have a fiduciary duty to defend the Will, trust, and/or estate throughout any litigation that may arise. To ensure that you do not make a costly mistake, retaining the services of an experienced probate litigation attorney is highly recommended. If you are a beneficiary or heir, you have a right to challenge the Will, the trust agreement, and/or the manner in which an Executor, Administrator, Personal Representative, or Trustee is fulfilling his/her duties and responsibilities. To increase your chances of succeeding, you will also need the assistance of an experienced attorney.

Contact a California Probate Litigation Attorney

If you have additional questions or concerns about probate litigation, contact the experienced California probate litigation attorneys at Sandoval Legacy Group, A Professional Law Corporation by calling (951) 888-1460 to schedule an appointment.

Have a question? Ask Dennis.
















  • Author
  • Recent Posts
Dennis Sandoval
Dennis Sandoval
Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.
Dennis Sandoval
Latest posts by Dennis Sandoval (see all)
  • 5 Reasons to Hire a Lawyer to Help You Probate an Estate - June 23, 2021
  • How Do I Become My Father’s Guardian? - June 26, 2020
  • 5 Steps for an Executor to Take Control As Soon As Possible - June 26, 2020

Other Articles You May Find Useful

Riverside probate lawyers
5 Reasons to Hire a Lawyer to Help You Probate an Estate
Riverside probate attorney
5 Steps for an Executor to Take Control As Soon As Possible
When is probate not necessary in California
When Is Probate Not Necessary in California?
Southern California Estate Planning Attorneys
Queen of Soul Dies Without An Estate Plan
Charles Manson Estate Case Underscores Importance of Proper Planning
Artist Thomas Kinkade Estate Dispute Tells Instructive Tale

About Dennis Sandoval

Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.

VIEW RECORDED WEBINARS

“How To Create a Peace of Mind Out of Chaos” Recorded Wednesday, September 16 @ 11AM WATCH NOW

Inland Empire Estate Planning Attorney

Inland Empire Estate Planning Attorney

BLOG SUBSCRIPTION

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • YouTube

Where We Are

Sandoval Legacy Group, A Professional Law Corporation

See Larger Map Get Directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM

Friday by appointment only

Map

4300 Latham St., Riverside, CA 92501
SLG Riverside Office | 4300 Latham St., Riverside, CA 92501  •  Corona | 1897 California Ave., Ste. 102, Corona, CA 92881  •  Newport Beach | 4940 Campus Dr., Ste. A, Newport Beach, CA 92660  •  Temecula | 40810 County Center Drive, Ste. 150, Temecula, CA 92591  •  Riverside | 3780 12th Street, Riverside, CA 92501  •  San Diego | 3110 Camino Del Rio S., Ste. 308, San Diego, CA 92108  •  Vista | 380 S. Melrose Dr., Ste. 347, Vista, CA 92083

  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect To Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
footer-logo

© 2023 Sandoval Legacy Group
A division of Holstrom, Block & Parke,
A Professional Law Corporation.
All Rights Reserved.