Probate Litigation

Lady Justice - North County Probate Litigation

Probate Litigation Attorney in Escondido

No matter how carefully wills or trusts are drafted, there may be challenges made against them. An overview of just some of the issues that may arise include:

  • Will contests: This occurs when heirs are unhappy with what was or was not left to them and believe there was a mistake. Heirs may also allege the testator lacked the capacity to make a coherent and legally binding will.
  • Challenges to asset inventory: Heirs may be upset and think there should be more assets than they are. They challenge the administrator and want an accounting.
  • Motions to discharge the administrator: Heirs believe an administrator was not properly appointed by the testator and is not really the testator’s choice.
  • Motions to compel the administrator to act: If the administrator fails to act and creates a long and unnecessary delay in distributing the assets, heirs may bring a motion to compel the administrator to act.
  • Undue influence: Heirs allege that one person, generally someone who inherits a substantial portion of an estate, exerted undue influence over the testator, coercing the testator to make an unfair and undesirable distribution of assets.
  • Codicil contest: A testator may add a codicil to a will which changes beneficiaries. An heir whose interest has been compromised by the codicil may challenge its validity.
  • Allegations of elder financial abuse: An heir, or someone left out of the will, may allege that a person close to the deceased before his or her death took advantage of the elderly person and squandered resources.

At HainesLaw, we can assist you no matter what the nature of your probate issues is. Whether you are an executor, estate administrator, heir or trust beneficiary, or someone who was omitted from inheriting under a will and you believe that was an error, call us. We have more than 21 years of trial experience and the probate knowledge you need to have on your side. We are located in Escondido and serve San Diego and Riverside Counties.