Reliable Representation
Certain circumstances should raise a red flag with beneficiaries, and cause them to seek legal guidance. The following list is by no means exhaustive, but includes some of the more common scenarios:
- Abrupt and drastic changes in your parents’ estate plan, usually at the urging of a
- Someone made a dubious claim against the estate
- A family member is urged to amend their trust close to the time of their passing, or while their health is rapidly deteriorating
- Family heirlooms and assets go missing before or soon after the family member passed
- A caretaker receives a gift through an amendment in the estate plan
It may be necessary for a probate court to determine the intentions of the person who executed the estate plan, and legality of various gifts. The Law Office of Pabst and Staveley, can capably protect your legal interests in contested proceedings. We handle probate and trust litigation throughout Southern California, representing trustees, as well as named beneficiaries or heirs who were unjustly deprived of an expected inheritance. Call our office for a consultation.
Contesting a Will or Trust
The most common grounds for challenging the validity of a will or trust include:
The most common grounds for challenging the validity of a will or trust include:
Undue influence — A sibling, a caretaker, the deceased's spouse, or some other person convinced the deceased to change the will to his or her benefit and the detriment of others.
Testamentary capacity — The deceased was did not mental capacity to understand what he or she was signing, because of dementia, mental illness, a heavily medicated state or other infirmity.
Formality in execution — The document was not properly signed, witnessed, or notarized.
Fraud or conversion — The signature was forged or coerced, assets were misappropriated, or one or more persons plotted to deprive other heirs of their rightful inheritance.
Trust and will contests tear families apart and tie up an estate for months or years. We are prepared to fight vigorously on your behalf to resolve these urgent matters.
We invite you to contact a trust and probate litigation attorney to arrange a consultation at our office in La Crescenta.
If you have any questions, do not hesitate to contact the Law Office of Pabst and Staveley at (818) 957-8800.