Huntington Beach Probate Litigation Attorney
Trustworthy and Knowledgeable Representation: 40 Years of Experience in
When disputes arise in conjunction with a
will, the process of
probate litigation can lead to a negotiated settlement or a ruling in probate
court. It's important to have highly trusted and knowledgeable legal
counsel representing you or your family to ensure that your rights and
interests are protected. P. Arnsen Blakely in Huntington Beach is an
estate planning and probate law firm, practicing probate litigation since 1971. Our Huntington
Beach probate litigation attorney is highly experienced and knowledgeable
in all probate matters from the simple to the most complex legal disputes,
and we are prepared to discuss your situation with you immediately.
Probate is the legal process in which a person's will is validated,
the estate is finalized, with all bills and taxes paid and the remainder
of the estate distributed to the heirs. Once the will has been determined
to be valid, the various debts and taxes are paid, and the beneficiaries
can receive what has been allocated to them. If the will is contested,
however, the matter will be resolved through probate litigation. Grounds
for contesting the validity of a will include:
- A failure to comply with the state's laws with regard to execution,
rendering the will invalid
- A case of undue influence in which it is alleged that the testator (person
signing the will) was under pressure by another person, when the will
was prepared. For example, the caregiver threatens the testator with abandonment
or has gotten deeply involved in the affairs of an elderly person and
manipulates that person to change the will.
- Cases of mental incapacity in which the testator is not of sound state
of mind when executing the will and did not understand (1) that the will
would authorize the distribution of the assets to beneficiaries, (2) the
value or identification of property owned, and (3) who the logical beneficiaries are.
- Cases of fraud involving the signature on a will, such as the testator
being tricked into thinking he or she was signing a different document,
such as a deed, but in fact was a will, or a forged signature.
Probate Litigation Lawyer in Huntington Beach
Other problems leading to probate litigation include matters such as not
receiving full information about creditors, the complete record of the
property involved, breach of fiduciary duty, and others. Every case is
completely unique, and you can be assured we put your interests first
in any legal action taken to resolve these conflicts. We work are zealous
in protecting the rights of those we serve.
Contact our firm today to discuss your legal matter.