Knowledgeable Guidance with Trust and Probate Litigation Issues
The death of a family member or loved one is a challenging time for surviving family members. Among the many familial responsibilities relatives have after a loss is dealing with the deceased’s money, property, and possessions and deciding what to do with them. Even if the deceased had a detailed will drafted by an estate planning attorney, the process of transferring property in California can become complex.
If you are located in the East Bay or surrounding area, the Law Offices of Daniel Leahy is prepared to assess your loved one’s will, protect your rights, and help handle any family issues that may arise with sensitivity and skill.
Protecting your inheritance
While we may want to assume that our family’s documents were all written in good faith, a number of troubling issues can arise. These include the following
- The possibility of undue influence on the will
- Forgery
- Improper execution
- The question of whether aged relatives were of sound mind and capable of writing and executing a legally binding document
However, in California, it is not always easy to determine whether you will need to pursue a solution in court. Occasionally, you can resolve these issues through other procedures. A skilled attorney at the Law Offices of Daniel Leahy can provide the guidance and support you need and the answers you deserve. Our East Bay Area, California, law firm handles the following probate and trust litigation matters:
- Trust and will contests
- Financial elder abuse
- Conservatorships
- Breach of fiduciary duty litigation
Probating a loved one’s will
A probate occurs when the executor of a will (or administrator of an estate, if there is no will) is appointed by the court to collect assets, pay debts, and distribute inheritances to the beneficiaries. A probate case assesses the validity of a will and handles any outstanding debts of the deceased. Probating a will or estate can take as long as a year and a half. An experienced trusts and estates attorney can help you expedite this process.
Managing a trust
A trust can either supplement or replace a will, depending on each person’s unique situation. Both revocable and irrevocable trusts can help you avoid probate by transferring assets before an individual’s death. Many revocable trusts – which are the more popular option – work alongside a pour-over will, which acts as a safeguard in case an individual neglects to transfer property into a trust before death. In such cases, the trust is actually the beneficiary of the will.
Work with an experienced California trust and probate litigation attorney
Whether your loved one had a trust, will, or other estate plan, Daniel Leahy is prepared to treat your unique situation with the sensitivity and attention to detail it deserves. Mr. Leahy is an experienced Northern California trust and probate litigation attorney representing executors and trustees who have been accused by a beneficiary of failing to follow the terms of a will. If you find yourself in this situation in Contra Costa County and the surrounding area, call the Law Offices of Daniel Leahy in Walnut Creek at (925) 464-7437 or contact us online to set up a free consultation.