Whenever you’re dealing with the loss of a loved one, one of the most difficult aspects of that can be inheritance disputes. When the family has such a dispute, it can make grieving and moving on that much harder; not to mention harm existing relationships among the family members. A San Diego, CA contested probate lawyer can often help a family resolve these disputes more easily than they could on their own.
How Can a Contested Probate Lawyer in San Diego, CA Help a Family Resolve Inheritance Disputes?
Clarifying the Contestation
Why is the inheritance being disputed? This is always the important first question to dig into. One of the most common triggers is a contested will, which often happens when a beneficiary (or someone who believes they should be a beneficiary) questions whether the deceased had the mental capacity to make it, was under undue influence at the time, or alleges that it was improperly executed. Things can get even more difficult if someone dies without a will. When this happens, California’s Probate Code will then decide asset distribution. This can often lead to disagreements, particularly with blended families or where there are estranged relatives.
Family dynamics will always complicate matters in these situations. Long-standing tensions or perceived inequities in the inheritance always have a potential to ignite dispute. Another frequent source of disagreement in these situations is estate documents that have unclear language or ambiguities of some sort. This invites differing interpretations and allows for prolonged uncertainty and conflict.
One of the key first ways that a probate lawyer can help here is by clarifying exactly what the issue is. It’s not uncommon for family members to be talking at cross purposes in these situations, but the lawyer will help to dig into the details to understand what the disagreement is about. In some cases, simply clarifying everything may even resolve the issue. But even if it doesn’t, laying the issues out clearly allows discussions to move forward much more quickly and more profitably. A lawyer can also clarify legal language and explain the basics of the Probate Code so that everyone is on the same page concerning what the government is doing.
Experience and Knowledge
Probate lawyers bring particular knowledge to inheritance disputes. This makes them different from lawyers who specialize in other areas of law, and this special knowledge and experience offer clarity and direction. A lawyer who understands probate law will be able to explain community property rules, how the state decides inheritance, how wills, trusts, and other documents of the estate are made valid (and what makes them invalid), and can check all documents for compliance. They will also be able to tell you what the courts will perceive as signs of coercion that could indicate a will is invalid because of undo pressure, and they can work alongside a network of experts, such as forensic accountants, whom they can call upon to advise them and the family on particular questions.
Facilitating Resolution Through Negotiation
One of the important ways that a probate lawyer will help a family resolve a dispute is by getting them into negotiation and facilitating useful discussion that moves forward in such negotiations. The goal is to resolve the issue without having to go into the courtroom, which will make things more adversarial and expensive. A lawyer knows how to get these discussions going, work with all parties to help them reach mutually agreeable settlements, help their own client in particular to stay focused on their goals and best interests, and draft clear agreements coming out of a negotiation that will prevent further misunderstanding.
Probate litigation can be very lengthy and extremely expensive, not just generally, but also specifically here in California because of the procedural rules and the frequency of backlogs in the courts. This makes negotiation especially valuable. Whenever a family can resolve things in negotiation and mediation, it’s faster, cheaper, and family relationships have a much better chance of being preserved. When things go to court, family relationships are often disturbed permanently.
Representation in Probate Court
If negotiations fail, obviously a family may have to go to probate court. At this point, a lawyer can help to resolve the dispute by stepping into the courtroom to advocate competently for their clients. The attorney will prepare and present evidence for either challenging the validity of a will or defending it. This may include gathering medical records that prove mental capacity (or incapacity) on the part of the testator, using witness testimony effectively, or using the testimony of expert witnesses to show the validity or validity of an estate document. A lawyer can also keep things moving by filing everything on time. Most importantly, the lawyer will put all the evidence together to make a strong case and argue the legal points before a judge.
Other Ways a Contested Probate Lawyer Can Help
By Preventing Escalation Through Early Intervention
A probate lawyer can actually help long before an inheritance becomes disputed. If the family has an experienced and qualified lawyer working on the case from the beginning, the lawyer may be able to prevent a dispute in the first place. If a dispute arises, early intervention may keep it from spiraling into a prolonged conflict.
This is done by carefully reviewing all the estate plans to spot potential issues, such as an ambiguous clause, and suggesting changes that could fix it. If a lawyer notices unequal distributions of property, they can talk about this with the testator before their death to ensure this is really the testator’s design and clarify the language to make everything ironclad. If a dispute emerges after the testator’s death, the lawyer will be able to advise the heirs of their options right away and help them avoid making rash decisions that can sometimes fuel arguments and litigation.
Managing the Probate Process
One of the benefits of having a probate lawyer is having someone who can oversee the entire process. This process is legally complex and demands a great deal of precision. While it’s possible to appoint an executor who is not a lawyer, having a lawyer execute the estate, or at least advise the executor at all points, will often mean things go more smoothly. The lawyer will file all necessary petitions with the court to initiate the process, inventory and appraise estate assets and address the claims of creditors, and keep the process moving through the courts.
Managing probate also means preserving and distributing all the assets according to the will (or according to state law if no will is present), and in the process minimizing any delay that could exacerbate a dispute. With larger estate, especially, a lawyer will also be able to coordinate with skilled appraisers and qualified accountants in order to properly value complex holdings. Having a neutral third party take care of all this administrative burden can allow families to focus on grieving, recovery, and resolution. This in itself may prevent disputes from arising in the first place.
Whether you are involved in a dispute already or want to prevent one, we can help. Visit the law office of Frisella Neilson, APC in San Diego, CA or call us at 619-260-3500 to schedule a consultation.
