What Can You Do If Estate Property is Wrongfully Taken? | CA Probate Litigation

These things happen: a loved one dies. Their estate is unsecured. Relatives, neighbors and friends gather to honor the decedent. Somewhere there is conflict – maybe not open or glaring – but conflict nonetheless. The fight might be one against many, or a few against a few. Conflict may be particularly rife among stepchildren and stepparents. With the challenge you’re facing, you’re going to need a probate litigation attorney.

Let’s continue our scenario: There is someone is in charge, or they appear to be in charge, of the estate. Important documents are secured, and estate or probate lawyer is hired. Amidst all of this mix of grief, uncertainty and anxiety, estate assets disappear – furniture, coins, silver, money, cars and precious family heirlooms. It is one thing if assets are distributed according to the decedent’s wishes, but it’s quite another if an estate’s valuables are removed without accountability or transparency – or in many cases, just outright stolen.

It is within this tense environment that a proficient estate lawyer may share the wisdom of experience and gauge whether missing items rise to the level of civil litigation or even criminal theft.

In these cases, the filing of a a legal document also known in California as a Heggstad Petition, is necessary. During the litigation of the Section 850 or Heggstad petition, the parties may engage in discovery by deposition, interrogatories, demand for production of documents, etc. It is then the prerogative of the personal representative to utilize the procedures set forth in California’s civil discovery statutes to obtain the information appropriate to the dispute.

Hackard Law regularly represents clients in Heggstad/ Probate Code § 850 matters throughout California. Our litigation team is committed to excellence in the representation of clients in trust, estate and probate matters – from Sacramento to Los Angeles and the Bay Area. We’re proud to serve clients and protect their interests – contact us today so we can help you.