Skilled Attorneys for Trust and Estate Litigation Throughout Northern California and Beyond
Cost-effective dispute resolution for beneficiaries and fiduciaries
At Loew Law Group, a Professional Law Corporation, our attorneys represent fiduciaries and beneficiaries in disputes over the validity of wills and trusts, as well as disputes over how fiduciaries handle probate and trust estates. We are skilled and accomplished trial lawyers who work vigorously to resolve disputes in a cost-effective manner.
Capable representation during will and trust challenges
Beneficiaries who suspect that a will or trust does not reflect their loved one’s intentions may challenge the document’s validity on a number of grounds. These include:
- Defective formation — A will must be written, signed and witnessed properly. Other estate planning instruments must likewise be sufficiently clear to establish the decedent’s testamentary intent.
- Lack of capacity — A testator or trustor must be of sound mind. An elderly testator or trustor who suffered from dementia may not have retained the mental capacity to understand the meaning or consequences of the will or trust.
- Duress — The testator or trustor must create a will or trust freely; if someone uses force or threats to induce a testator or trustor to include terms favorable to them, the instrument is invalid.
- Undue influence — Like coercion, undue influence compels the testator or trustor to include terms that favor one or more individuals. Rather than force, undue influence relies on emotional manipulation, often by a caregiver who has unfettered access to the testator or trustor.
- Fraud — In cases involving fraud, the will or trust was either forged, or someone tricked the testator or trustor into signing an instrument comprising different terms than the testator or trustor expected.
We represent executors, trustees, and beneficiaries in will and trust contests.
Quality service for trust and estate disputes
Whether an estate’s assets are governed by a will or a trust, there are bound to be conflicts over how the wealth is held, managed and transferred. We litigate a variety of issues, including:
- Accountings and breaches of fiduciary duty — Actions by beneficiaries that compel a fiduciary to account for management of estate or trust funds.
- Conservatorship disputes and financial elder abuse —Concerned relatives may have questions about whether a fiduciary is managing assets in the best interests of an elder, or whether persons with access to an elder are using undue influence to unjustly enrich themselves.
- Discover and compel delivery of assets — Actions a fiduciary brings to locate and/or compel delivery of assets believed to be in the possession of another. Beneficiaries may also bring such actions against fiduciaries who have failed to disburse assets from an estate.
- Debtor and creditor litigation — Attempts to settle the estate by litigating amounts allegedly owed and owing.
Prolonged legal disputes can drain the assets of an estate or a trust. We provide efficient, cost-effective services to help preserve that wealth.
Contact our litigation attorneys to resolve your will and trust disputes throughout California
Even the most precisely drafted estate plan is not immune from legal disputes. Loew Law Group, a Professional Law Corporation, provides quality trust and estate litigation services at an affordable rate. To schedule a free thirty-minute consultation, call us today at 650.397.8700 or contact our office online.