When a loved one passes away, the last thing any family expects is a legal dispute over their estate. But it happens more often than most people realize. Wills are contested. Trustees act in their own interest. Family members are shut out of inheritances they were promised. If you’re facing a probate dispute in Los Angeles, you don’t have to navigate it alone.
Our attorneys at Weiner Law guide clients through probate litigation with focused, prepared, and relentless advocacy. Whether you’re challenging a will, defending against a contest, or seeking to remove a dishonest executor, we’re here to protect your rights and your family’s legacy.
Contact Weiner Law at 866-273-8652 to schedule a consultation with a probate litigation lawyer in Los Angeles.
What is probate litigation?
Probate litigation refers to legal disputes that arise during the administration of an estate or trust. Unlike standard probate (the court-supervised process of distributing a deceased person’s assets), probate litigation occurs when someone believes the process has gone wrong.
These disputes are heard in California’s probate courts. They can involve a wide range of issues, from questions about whether a will is valid to allegations that a trustee or executor has mismanaged estate assets.
Probate litigation can be emotionally charged, involving grief, family dynamics, and significant financial stakes. That’s why having a knowledgeable attorney who understands both the legal complexities and the personal sensitivities is so important.
Types of probate disputes we handle
Weiner Law represents clients across a broad range of probate and estate disputes in Los Angeles County and throughout Southern California. Here are some of the most common types of cases we handle.
Will contests
A will contest challenges the validity of a deceased person’s will. Common grounds for contesting a will in California include:
– Undue influence: Someone in a position of trust (a caregiver, family member, or advisor) pressured or manipulated the deceased into changing their will.
– Lack of capacity: The person who made the will didn’t have the mental capacity to understand what they were signing.
– Fraud or forgery: The will was forged, or the deceased was tricked into signing it.
– Improper execution: The will wasn’t signed or witnessed according to California law.
Will contests are time-sensitive. Under California Probate Code Section 8270, you generally have 120 days after a will is admitted to probate to file a contest. If you have concerns about a loved one’s will, don’t wait to seek legal guidance.
Breach of fiduciary duty
Executors and trustees have a legal obligation to act in the best interests of the estate’s beneficiaries. When they fail to meet that duty, it’s called a breach of fiduciary duty. This breach can include:
– Mismanaging or stealing estate assets
– Failing to distribute assets according to the will or trust
– Making self-interested transactions
– Refusing to provide accounting or financial information
– Unreasonably delaying the probate process
If you suspect an executor or trustee is acting improperly, you have the right to hold them accountable. Our attorneys can investigate the situation and pursue legal action to protect the estate.
Executor and trustee removal
When an executor or trustee isn’t fulfilling their responsibilities (or is actively causing harm to the estate), California law allows interested parties to petition the court for their removal. Grounds for removal include mismanagement of assets, conflicts of interest, failure to follow court orders, and refusal to communicate with beneficiaries.
We represent both parties seeking removal and those defending against removal petitions.
Beneficiary disputes
Disputes between beneficiaries are among the most emotionally difficult probate cases. These conflicts can arise over how assets are valued, how distributions are made, or whether certain beneficiaries were unfairly excluded. Our attorneys work to resolve these disputes as efficiently as possible, whether through negotiation or litigation.
How probate litigation works in California
Understanding the litigation process can help reduce some of the uncertainty you may be feeling. While every case is different, probate litigation in California generally follows these steps.
- Filing a petition. The process begins when an interested party files a petition with the probate court. This could be a will contest, a petition to remove an executor, or a claim for breach of fiduciary duty.
- Response and discovery. The other party has an opportunity to respond. Both sides then exchange information and evidence through a process called discovery.
- Mediation or settlement negotiations. Many probate disputes are resolved through mediation or negotiation before they ever reach trial. Mediation can save time, money, and family relationships.
- Trial. If the case cannot be resolved through negotiation, it proceeds to trial before a probate judge (not a jury, in most cases). The judge reviews the evidence and issues a ruling.
- Post-trial matters. Depending on the outcome, there may be additional steps, such as appeals or enforcement of the court’s orders.
The timeline for probate litigation varies significantly. Straightforward disputes may be resolved in a matter of months, while complex or heavily contested cases can take a year or longer.
Have questions about your situation? Call Weiner Law at 866-273-8652 to discuss your case with an estate dispute attorney in Los Angeles.
Our approach to probate disputes
At Weiner Law, effective probate litigation begins with thorough preparation. Before we take any action, we take the time to understand the full picture: the family dynamics, the estate documents, the financial details, and your goals.
Our approach reflects our core commitment to focused, prepared, and relentless advocacy:
– Focused. We concentrate on probate, trust, and estate matters. This isn’t a sideline for us. It’s what we do every day.
– Prepared. We investigate thoroughly, gather the right evidence, and build a solid foundation before moving forward.
– Relentless. We advocate persistently for our clients’ interests, whether that means negotiating a fair resolution or taking a case to trial.
We also understand that not every dispute needs to go to court. When it’s in our client’s best interest, we pursue resolution through mediation and negotiation. But when litigation is necessary, we’re fully prepared to advocate in the courtroom.
Why families in Los Angeles trust Weiner Law
Probate disputes can strain even the closest families. Our attorneys bring both legal knowledge and a steady, guiding hand to help clients through these difficult situations. We explain the process clearly, keep you informed at every stage, and ensure you understand your options before you make decisions.
Our Los Angeles office is located at 445 S Figueroa St, Suite 3100, Los Angeles, CA 90071. We serve clients from offices throughout California, with headquarters in San Diego (12626 High Bluff Drive, Suite 440, San Diego, CA, 92130)
Whether you’re a beneficiary concerned about how an estate is being handled, an executor facing a contest, or a family member who believes a will doesn’t reflect your loved one’s true wishes, we’re here to help.
Frequently asked questions about probate litigation
How long does probate litigation take in California?
The timeline varies based on your specific case. Some disputes are resolved through negotiation in a few months, while contested matters can take a year or more. Our attorneys will give you an honest assessment of the likely timeline for your specific situation.
Can I contest a will if I wasn’t named in it?
Potentially, yes. In California, “interested persons” (including heirs who would inherit under intestacy laws) may have standing to contest a will. Contact us to discuss whether you have grounds to file a contest.
What does probate litigation cost?
We understand that cost is a concern. Fee structures can vary depending on the type of case and its complexity. We’ll discuss fees and payment options during your consultation so there are no surprises.
Do all probate disputes go to trial?
No. Many probate disputes are resolved through mediation or settlement negotiations before reaching trial. Our attorneys always explore resolution options that serve your best interests before proceeding to litigation.
Schedule a consultation with our Los Angeles probate litigation attorneys
If you’re facing an estate dispute, a will contest, or concerns about how an estate or trust is being managed, our attorneys at Weiner Law are ready to help. We’ll listen to your situation, explain your legal options, and outline a clear path forward.
Call 866-273-8652 today to schedule a consultation. Serving Los Angeles County and Southern California from our office in downtown Los Angeles.
If you’re facing a legal matter involving trusts, probate, estate planning, or litigation, our team is here to help. With offices in San Diego and Los Angeles, Weiner Law serves clients throughout Southern California and beyond. Contact us today to schedule a consultation and learn how we can put our experience to work for you.
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