If you become involved in estate litigation, whether you wish to challenge or defend the estate, you need the help of a Sacramento estate lawyer to represent your interests.
Estate litigation occurs when someone challenges a will or estate plan during the probate process. Being a party to such litigation is a stressful situation for all those involved. When a person dies, the estate is divided according to the wishes of the deceased or, if there is no will, this is left up to probate court.
While most estates are divided without being challenged, even the most well-drafted estate plans can be challenged when someone feels they were not treated fairly and is willing to bring a lawsuit to rectify the situation. Cases may drag on for long periods of time and become very contentious, draining the estate and causing hard feelings for all parties.
Our seasoned trial attorneys have years of experience in the probate courts and in-depth knowledge of the substantive law and unique procedures applicable to probate, trust and estate contests in California’s major urban areas. For that reason, we often represent individual fiduciaries and beneficiaries in large and significant disputes involving probate, trust contests, and estates.
Whether your estate dispute is large or small, we provide our clients with the same degree of respect and commitment to excellence. A seasoned estate attorney at Hackard Law offers a free consultation to discuss your individual estate litigation situation and show you how we can help.
Hackard Law’s estate litigation practice group recognizes that probate, trusts, and estate issues involve people – people often stressed by the loss of a loved one and the pain of a family in dispute.
We have had clients ask us whether they “have a fighting chance” to prevail in their estate dispute. Our job is to give our clients a fighting chance. Our Sacramento estate lawyers do this in a variety of ways, including the following:
Michael Hackard has represented high-net-worth families, individuals and businesses in California estate law over four decades of practice, earning Super Lawyer status, Martindale-Hubbell’s AV-Preeminent rating, and other awards through years of fighting for his clients. The leadership and credibility he brings to court pleadings and court practice results in a legal team that is committed to excellence and respect for our clients and their needs.
Many law firms involved in California trust and estate litigation assign these cases to attorneys who are fundamentally estate planners with limited or no experience handling major contested matters in the probate courts. Other firms rely on civil litigators with little or no experience in the fields of probate, trust and estate law. Hackard Law is unique: we offer seasoned trial attorneys with many years of experience in the probate courts and in-depth knowledge of the substantive law and procedures applicable to probate, trust and estate contests in California’s major urban areas. Our battle-ready attorneys know the ins and outs of complex estate cases.
Thanks to our success in court, we have the credibility to obtain the most favorable settlements of disputes for our clients in mediation or even before litigation ensues. We also counsel our clients about estate litigation avoidance, and we can provide sophisticated advice that only comes from years of experience in probate, trust, and estate law in California’s major Superior Court venues. Let us fight for you – we know the battlefield, and we’re ready to engage.
Estate litigation often comes about due to challenges of the will during the probate process. Common reasons include failure to meet the execution requirements of the California Probate Code or improper actions by the representative or executor of the estate. To start with, the will must have been drafted correctly, with the deceased and two witnesses signing the will, or the deceased must have made handwritten pertinent provisions. Under the California Probate Code, a will is not valid if:
Often-litigated claims we manage include:
Estate lawyers at Hackard Law frequently prosecute wrongdoers who have taken or hidden the assets of elderly persons and their estates. It is not uncommon for a caregiver, family member, or even an accountant or financial planner to trick or pressure an elderly person to leave them their assets. We value the opportunity to do justice for the aggrieved elderly and their families, so contact us if you suspect this type of abuse. We aggressively protect the rights of those who are harmed by financial abuse of the elderly.
Hackard Law often protects the rights of beneficiaries of estates, trusts, and insurance policies. Other beneficiaries or unscrupulous estate fiduciaries might target those who are to receive the benefits of an estate and cheat them out of their inheritance. If you suspect these tactics, seeking out legal guidance early is often appropriate.
We vigorously prosecute will contests, including petitions for revocation, interpretation and validity. These disputes result from fraud, lack of testamentary capacity, or undue influence.
One of the easiest ways for a claimant to try to have a will rejected by the probate court is to prove that the formal requirements of making the document were not met. California requires two adult witnesses to observe the testator (person making the will) sign the will and to sign it themselves while understanding the nature of the will.
Challenges to the will may be brought if:
Having unequal estate shares between siblings also leads to disputes, especially when the inequality is the result of undue influence by one sibling against others. Exclusion from a will or trust is also a typical catalyst for a dispute. Some will contests simply focus on the interpretation of testamentary documents.
Estate lawyers at Hackard Law prosecute and defend trust contests, including petitions to determine and enforce the rights and obligations of beneficiaries and trustees. Trust contests, like will contests, often involve testamentary capacity and undue influence issues. Petitions for accounting and resignation, replacement and removal of trustees are part and parcel of trust contests.
Trustees or Executors may find themselves in court on behalf of an estate to …
Litigation over any of these issues can make a huge difference in how an estate is ultimately distributed. It only makes sense to hire a California estate litigation attorney who has the experience, skill and compassion to fight for your rights and justice.
At Hackard Law, our California estate attorneys are here to answer questions you might have. The following are among the most common questions and concerns we hear from our clients:
Timeframes to settle a litigated case vary, depending on the issues and complexity of the case. Based on our litigation experience, contested estates usually last from six months to two years. There is generally a lot to lose in contested estates, and the desire to fight may wane with expense and time. Timing also depends on:
Fighting smart is just as important as fighting hard. Expensive litigation can be avoided in those circumstances where the parties and their attorneys reasonably approach the issues and weigh the costs and benefits of litigating. Sometimes estate disputes are resolved quite early, and people go on with their lives. Other times a family feud lessens the chance of resolving issues early on.
Hackard Law often undertakes estate dispute cases on a contingency fee basis, which means you pay nothing upfront and fees are taken out of a settlement we win for you. Contact us for options regarding contingency fees and other alternative fee arrangements. In many cases Hackard Law’s willingness to prosecute or defend a case on a contingency fee basis provides an heir or beneficiary “a fighting chance in trust and estate litigation.”
An early question from a prospective client is whether they will be disinherited by engaging in a will or trust dispute. Both wills and trusts often include “In Terrorem” clauses.
What is an In Terrorem Clause?
These provide that where a beneficiary under a testamentary instrument unsuccessfully challenges the document’s validity, the beneficiary will forfeit any interests and benefits they would have obtained under the will or trust.
Testators include In Terrorem clauses in their wills and trusts in order to stop estate beneficiaries from taking action that doesn’t match the testators’ expressed wishes. In California, In Terrorem clauses are narrowly construed, and certain In Terrorem provisions actually violate public policy. As a result, the California Legislature enacted important changes to the Probate Code, removing most of the “terror” from In Terrorem. Basically, if the contestant had probable cause to contest the will or trust, the no-contest clause is ineffective.
California Probate Code Section 21311(b) states that “probable cause exists if, at the time of filing a contest, the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery.”
California estate attorneys at Hackard Law take the time and effort to discuss our clients’ concerns as to the existence of probable cause. What we have seen in the development of the law is that as long as the challenge is not invalid on its face or frivolous from the view of a reasonable person, the In Terrorem clause will not be enforced against the contestant.
The bottom line is, if you have a legitimate reason to question or contest the will, do not be afraid to do so. Our California estate litigation attorneys will examine your situation and let you know what the likelihood is that your claim will be successful.
California has many procedural rules and requirements for estate litigation, so anyone challenging or being challenged should have legal guidance. No matter how complex your situation, whether you are an executor or a concerned beneficiary, the Sacramento estate lawyers at Hackard Law Firm are prepared to take the burden off you and handle all legal issues involved with negotiations, mediation, and taking your case to trial if necessary. Contact us today to learn more.
(916) 775-8542