Litigation and Contested Matters in Probate Court: We handle all disputed matters and litigation in the probate courts concerning the deceased and those who have lost capacity, including disputes over wills, trusts, estates, conservatorships, and fiduciaries (executors, administrators, representatives, trustees, and conservators).
Our law firm efficiently and effectively represents fiduciaries, representatives, family members, beneficiaries and other interested persons in administrative and adversarial matters to meet our clients’ goals. We are skilled at using resources effectively and efficiently when judicial assistance is needed to resolve probate and trust issues.
Probate and trust issues involve more than money. Often, they encompass emotional issues that can divide families for many generations. We work vigorously to protect and advance your interests, leveraging our extensive experience in probate and trust disputes. We also strive to find creative solutions to reduce protracted litigation, minimize costs, and preserve family relationships. We also provide expert assistance to fiduciaries who seek court approval of their actions, or the interpretation and enforcement of wills, trusts, and other testamentary instruments.
Typical actions in the probate courts include: Will and trust contests, Breach of trust, Breach of fiduciary duty, Disputed inheritance, Undue influence, Fraud and mistake, and Elder abuse actions.
Conservatorships (and Guardianships): We represent conservators, conservatees or interested family members in conservatorship proceedings in the probate court system. Conservatorships involve court proceedings to assist individual adults (the conservatee) who are unable to provide for their own food, care and shelter; who cannot manage their own financial affairs or resist undue influence; and/or who will not accept voluntary assistance to protect themselves. In a conservatorship proceeding, the probate court appoints another person to make the financial decisions and/or health care decisions for someone who is no longer able to make the decisions themselves. The conservator may be a relative, close friend, or a professional fiduciary. In the California probate court system, a guardianship for a minor (a person less than 18 years old) is the equivalent of a conservatorship.