Probate Litigation
Hinojosa & Wallet, LLP is recognized as one of the premier probate litigation law firms in California, representing executors, administrators, beneficiaries and heirs in probate litigation matters in Los Angeles and throughout California. We have the knowledge, expertise and advocacy skill necessary to effectively navigate the complexities of probate litigation and to provide a successful resolution to your specific matter.
We represent executors, administrators, conservators, beneficiaries, heirs and other parties in all manner of trust and estate disputes, including but not limited to:
- Will Contests
- Removal/Surcharge of Personal Representative (Executor, Administrator)
- Heirship Petitions
- Recovery of Assets (i.e., Probate Code Section 850 petition)
- Allegations of Incapacity/Undue Influence/Fraud
- Allegations of Breaches of Fiduciary Duties
- Accounting Disputes
- Elder Abuse Claims
- Disputes involving Community Property/Quasi-Community Property Rights
- Title Disputes (i.e., Probate Code Section 850 petition)
- Mediation
- Trial
- Appeals
Common Allegations in Probate Litigation
A dispute may arise in probate for a variety of reasons. Conflict may occur because of dissatisfaction with the decedent's estate plan. This frequently happens when an heir is disinherited, or receives a smaller share of the estate than his or her siblings, or over other perceived inequities. This can also occur in second marriage scenarios when the decedent's children are in disagreement with a stepparent.
Disputes can arise over the construction and validity of the will, or over allegations of fraud, coercion or undue influence. Disagreements are also common between beneficiaries of the will and the fiduciary. Family members may disagree over who should act as the personal representative, or the beneficiaries may be concerned about financial decisions or investments made by the personal representative, or other property management issues. If the personal representative is also a beneficiary, concerns over potential conflicts of interest, whether real or imagined, can also lead to litigation.
Experienced Probate Litigation Representation
Probate disputes, especially intra-family disputes, tend to be very emotional and contentious. A death in the family can rekindle long dormant family disputes and trigger intra-family conflict. These cases require particular sensitivity to the emotions and family dynamics that are often at the heart of the dispute.
We are experienced probate litigators with an established track record of achieving successful results on behalf of our clients, and a reputation in the legal community for favorably resolving even the most difficult and challenging cases. For a consultation regarding your trust and estate litigation matter, contact Hinojosa & Wallet, LLP.
