信托和遗产诉讼在加州太常见了. 在某些情况下, 纠纷的发生是因为受托人, 个人代表, or executor is not well-suited for the role of managing a complicated 信任 or estate. 当一个人 信任 或遗嘱认证遗产涉及大量资金. Litigation can arise when disputes occur between a beneficiary and a 信任ee, 受益人之间, 或者来自第三方.
当私下协商争端变得不可能时, 你可能需要聘请信托和房地产诉讼律师. 皇冠手机端下载, our 信任 litigation lawyers have extensive experience in California 信托及遗产诉讼. 如果你面对 信托及遗产诉讼，我们可以帮忙. Contact our experienced 萨克拉门托 信托及遗产诉讼 lawyers today to schedule your initial consultation.
加州的房地产诉讼程序
一个人死后立了遗嘱, 利害关系人将向遗嘱认证法庭提交遗嘱. The process of litigation begins when someone files a petition in probate court alleging an issue. Only people with an interest in the estate have a right to file a petition contesting the estate 政府.
Once the petition has been filed, the court will begin the process of probate litigation. The person disputing the will or estate 政府 and the estate executor will both submit evidence supporting their side. At the end of the litigation process, the judge will rule on the disputed issue.
关于最后遗嘱的诉讼
Will contests are common in California, especially when a significant estate is involved. 在很多情况下, a family member disagrees with how the property of the estate is distributed in the will. Or a third-party may believe that the testator who passed away intended them to inherit some or most of the property. California probate law allows for the following four legal grounds for challenging the validity of a will.
- 第一个, someone can bring a challenge as to the testamentary capacity of the testator
- 二是他人对遗嘱人施加不当影响的
- 立遗嘱人没有正确签署遗嘱
- A person fraudulently induced the testator during the creation of the will
为了对遗嘱提出异议, the person challenging the will must prove that one of the situations listed above has occurred. 例如, 如果有人声称缺乏遗嘱行为能力, they will need to offer proof that the testator did not have the necessary capacity to create a will. 同样的, when someone argues that the will was written under fraudulent conditions, they will need to prove the will included terms that the testator did not intend to include, 或者有人骗立遗嘱人签了遗嘱.
在诉讼过程中, 上诉人可以以证人陈述的形式提出证据, 文档, 或者视频片段. 通常, the person appointed as the estate administrator will defend the will throughout the probate litigation process. If the petitioner can prove that any one of the four conditions happened, 遗嘱认证法官可以决定遗嘱无效.
涉及托管的诉讼
Litigation involving the appointment of a conservatorship can be emotionally charged. 皇冠手机端下载, our lawyers have successfully represented clients in a variety of real estate attorney litigation involving conservatorships, 如:
- Whether or not an allegedly incapacitated person needs a guardian or conservator
- Who the court should appoint as the conservator or guardian of the incapacitated person
- 关于解除受托人职务的争议
- 因经济剥削和虐待老人而引起的纠纷
- 保管人违反信义义务的主张
涉及违反信托的诉讼
受托人对信托受益人负有信义义务. 受托人违反其受托义务时, interested parties can bring a breach of 信任 action against the 信任ee. 皇冠手机端下载, we thoroughly investigate our clients’ cases and pursue 信任 litigation for the following types of breach of 信任:
- 将资产从信托转移给受托人
- 信托资产管理不善
- 不履行受托人规定的职责的
- 对易受伤害的人施加不当影响
- 未按照信托协议约定行事的
信托变更或改革
有时修改或改革信托是必要的. However, the person who set up the 信任 is not always available to modify the terms of the 信任. The creator of the 信任 may have passed away or may have become incompetent or disabled. In other cases, the 信任 is irrevocable, making it extremely difficult to revoke or change.
皇冠手机端下载, our lawyers can help you seek a 信任 modification when necessary. We also have experience representing 信任ees who are fighting the 信任 modification. 以下是最受欢迎的信托修改:
- 移除受托人
- 添加一个或多个新的受托人
- 更改受益人
- 保护孩子免受第一次婚姻的伤害
- 保护残疾的家庭成员
When one person seeks to modify a 信任 and another person is against modifying the 信任, 诉讼可能随之而来. 我们的法律团队知道如何有效地修改信托. We fight vigorously for our clients during the 信任 litigation process.
今天皇冠手机端下载萨克拉门托信托和遗产律师
Most estate planning firms have little to no experience in litigation matters. 如果你面对 a 信托及遗产诉讼 issue, you don’t want an amateur. You want an attorney who has seen cases like yours before and knows how to handle the matter at hand.
我们的诉讼团队提供熟练和有效的法律代理. 皇冠手机端下载, our lawyers can seek to secure a full accounting of the 信任’s activities in order to prove our case. Whether it’s 信任 litigation or a will contest, we battle tirelessly on behalf of our clients.
We combine our experience litigating 信任s and will disputes with our knowledge of California probate law to effectively represent clients. If you need to learn more about whether you can or should pursue 信托及遗产诉讼, 我们的律师可以帮你调查情况. Contact our skilled 信任 and estate lawyers today to schedule your initial consultation and learn how we can fight for your rights today. We offer in-person, virtual, and telephone appointments for your convenience.
