Probate Litigation
Probate is the legal process where the court oversees the administration of a decedent's estate, ensures that the decedent's debts and taxes are paid, and distributes the remaining estate in accordance with the decedent's will, or, if the decedent died intestate (without a will), in accordance with California's laws governing intestate succession. The probate process is generally uneventful and proceeds smoothly through the court, however, when significant assets are at stake it is not uncommon for a dispute to arise.
The probate litigation attorneys at the Law Offices of David Lee Rice, A Professional Law Corporation represent clients in connection with:
- Will and trust contests
- Claims by beneficiaries
- Challenges to the validity of a will, such as allegations of lack of testamentary capacity, fraud, coercion, undue influence, improper execution, lack of capacity
- Family disputes
- Representation of executors
- Breach of fiduciary duty
- Disputes over estate management
- Disputes over executors' accounting
Our experienced probate litigation attorneys represent clients in all phases of probate litigation, from the pre-trial phase, in mediations, at trial, or on appeal. Our lawyers represent beneficiaries of estates, administrators, and executors. We also represent individuals and corporations accused of breaching a fiduciary duty.
Recent Change in the Enforcement of No Contest Clauses
Probate litigation is an area that is ever changing and evolving. Under new legislation which becomes effective on January 1, 2010, the enforceability of no contest clauses in estate planning documents is substantially changed. A no contest clause is a provision in a trust, will or other estate planning document that states if a beneficiary chooses to challenge the terms of the document, that beneficiary will forfeit any gift or bequest under the document. The purpose of a no contest clause is to discourage beneficiaries from initiating litigation challenging the validity or the terms of an estate planning document.
The new law changes how parties will litigate disputes arising under estate planning documents containing a no contest clause. It will also change how fiduciaries administering instruments containing no contest clauses respond to challenges to the document, and the actions beneficiaries under a document containing a no contest clause can take.
Seek Experienced Legal Counsel
Probate litigation matters are complex and require counsel with extensive trust and estate litigation experience. The probate litigation attorneys at the Law Offices of David Lee Rice, APLC have the knowledge, experience and advocacy skills to successfully represent your interests. Contact the Law Offices of David Lee Rice, APLC for a consultation.
