Estate litigation can be a highly stressful and emotional experience for all parties involved. Beyond the complex legal challenges that must be addressed, disputes can intensify tensions among family members with vested interests in the estate.
At Business Estate & Tax Attorneys, P.C., our skilled and compassionate estate litigation team is here to guide you through these difficult matters with professionalism and care. Schedule a confidential consultation today by calling (925) 317-3467 or visiting our contact page.
Common Disputes That Lead to Estate Litigation
Estate litigation often arises from a variety of disputes. Some of the most common issues include:
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Contested Wills – A will may be challenged if it was not properly drafted, witnessed, or signed. Disputes may also arise if there are concerns that the deceased was unduly influenced when creating the will.
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Outdated Estate Documents – If a more recent version of a will, trust, or other estate document exists, it may override previous versions. Litigation may be required to determine which document is legally valid.
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Executor Mismanagement – Beneficiaries may take legal action if they believe the executor has mishandled estate assets, resulting in financial losses or misallocation of funds.
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Beneficiary Disputes Over Will Terms – Conflicts can arise if a will’s written terms do not align with what a deceased individual verbally expressed or what beneficiaries expected to receive.
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Coercion or Undue Influence – If the deceased suffered from cognitive conditions like dementia or Alzheimer’s, disputes may emerge over whether someone exerted undue influence to alter the estate plan in their favor.
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Sudden Incapacitation – If a person becomes incapacitated without leaving clear instructions through a living will or health care directive, disagreements among family members regarding their intentions can lead to legal battles.
How Our Firm Can Help Beneficiaries
Our firm provides essential legal support to beneficiaries in various ways, including:
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Communicating with Trustees, Executors, and Their Attorneys – If you have concerns about your inheritance or how assets are being distributed, navigating discussions with a trustee, executor, or their legal representative can be challenging. Having your own attorney demonstrates that you take the matter seriously and can significantly reduce the stress and time involved in resolving disputes.
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Ensuring You Receive Your Fair Share – Executors and trustees sometimes act negligently or even intentionally misallocate assets for personal gain. If you suspect that you are not receiving what you are legally entitled to under a will or trust, our attorneys can thoroughly investigate the situation and advise you on the best course of action.
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Recovering Misappropriated Assets – If assets have been wrongfully distributed, immediate action is crucial to prevent further losses. Our estate litigation attorneys can help identify missing assets, initiate legal proceedings if necessary, and take steps to remove the trustee or executor to protect the estate and ensure proper management moving forward.
How Our Firm Assists Executors
Executors and trustees carry significant responsibilities in managing and distributing estate assets. Our firm provides legal guidance to help ensure compliance with estate laws and prevent disputes. Here’s how we assist:
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Effective Communication with Beneficiaries – If beneficiaries raise concerns about asset distribution, strategically managing communication with the help of an attorney can prevent misunderstandings and reduce the risk of disputes escalating into legal battles.
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Protecting Executors and the Estate – Before distributing assets, executors must ensure all outstanding taxes and debts are settled in accordance with probate laws. Our attorneys help navigate complex statutory regulations, ensuring creditors are properly identified, notified, and paid in the correct order before assets are distributed.
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Defending Executors in Disputes – If a beneficiary challenges the terms of a will or claims unfair treatment, our legal team will represent you, ensuring the legitimacy of the will and demonstrating that you have fulfilled your fiduciary duties appropriately.
What to Expect When There Is a Probate Dispute
Probate matters can be complex, even when there are no disputes over asset distribution. However, when conflicts arise, the process can become even more challenging and emotionally charged, often placing family members at odds with one another and the decedent’s intended estate plans.
Engaging an experienced estate litigation attorney can help streamline the process, reducing the time, emotional strain, and financial burden of a prolonged probate court battle—especially if you are serving as the trustee or executor of the estate.
Understanding Attorney Fees in Probate Litigation
In probate cases, attorney fees are typically set by statute, with compensation calculated as a percentage of the estate’s value based on a predetermined formula:
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4% of the first $100,000
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3% of the next $100,000
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2% of the next $800,000
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1% for amounts between $1 million and $5 million
For example, if an estate is valued at $500,000, attorney fees would be:
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$4,000 (4% of the first $100,000)
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$3,000 (3% of the next $100,000)
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$6,000 (2% of the remaining $300,000)
This results in a total fee of $13,000 for probate legal services.
Extraordinary Fees in Probate Cases
In certain situations, the court may approve extraordinary fees for legal work that goes beyond standard probate services. The judge considers factors such as:
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The value of the estate
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The complexity and time required for extraordinary tasks
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The results achieved and their impact on the estate
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Whether the estate benefited from the additional legal work
Examples of extraordinary services under California Probate Law may include:
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Selling real estate
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Managing or continuing the decedent’s business
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Handling tax returns, audits, or tax-related litigation
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Defending a contested will
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Locating hidden or disputed estate assets
Alternative Attorney Fee Arrangements
In cases involving disputed wills, executor misconduct, or other complex legal matters, attorneys may also charge an hourly rate instead of a percentage-based fee. The specific fee arrangement is typically agreed upon between the attorney and the client based on the scope of work required.
For more details, you may refer to our tax calculator or consult with a probate attorney
Speak with Our California Estate Litigation Attorney Today
