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Addressing Questions And Concerns About Estate Litigation

Estate and trust disputes often involve emotional complications as well as legal complications. It is crucial to have representation and guidance you can trust with such an important yet sensitive matter. At NewPoint Law Group, LLP, our team of attorneys has handled thousands of complex disputes and estate litigation for clients in Orange County, Placer County, Sacramento County and the surrounding region. Here, you can find answers to a few of the concerns you might have about estate and trust disputes.

Can I challenge a will in California?

The following reasons are grounds for contesting a will in California:

  1. Lack of testamentary capacity

  2. Undue influence

  3. Improperly signed

  4. Fraud or forgery

You can file a petition to contest the will with the county court in which the decedent resided. If necessary, you and your attorney might need to prepare your case for litigation.

Who can challenge a will in California?

Not just anyone can challenge a will – only an interested person, an heir, beneficiary, creditor, relative or another person who may have a right or claim to the estate.

What is a breach of fiduciary duty in trust litigation?

The trustee who manages a trust is a type of fiduciary, or someone who has a duty to act in the best interests of another person. If the trustee fails to uphold this responsibility – perhaps by squandering assets – it is referred to as a breach of fiduciary duty.

Can the validity of a trust be challenged?

There are certain instances that allow you to challenge the validity of a trust, including:

  • Undue influence

  • Lack of settlor capacity

  • Fraud

  • Breach of fiduciary duty

You can challenge a trust within 120 days of receiving a notice of trust administration from the trustee.

What are ancillary probate proceedings?

When someone dies in one state but has property in another, or when someone dies and has property in more than one state, the property must go through a process called ancillary probate.

Discuss Wills And Trusts In-Depth With A Lawyer

If you have more questions or concerns about estate disputes or litigation, NewPoint Law Group, LLP, can provide counsel. Reach out to us at 800-358-0305 or send us an email to schedule a free, confidential initial consultation. We have locations in Roseville, Folsom and Huntington Beach.

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