AREAS OF Practice
Inheritance Disputes
When a loved one passes away and leaves an inheritance, there is a process that takes place to ensure all beneficiaries are treated fairly according to the wishes of the decedent. If the decedent made a Trust, the process is defined by the terms of the Trust and supplemented with out-of-court rules defined in the Probate Code. If the decedent did not make a Trust, the process of administration is much more nuanced and requires strict adherence to the Probate Code and local rules. A beneficiary may require a small estate affidavit, Spousal Property Petition, or full Probate administration in order to recover the assets left to them.
The last thing anyone wants is conflict and disagreements while grieving, but disputes happen and should be handled appropriately. The remedy for a beneficiary who feels they were wronged will vary depending on which process of administration is required. Engaging an attorney early to better understand the appropriate process and to address disputes at the outset, can often help to drastically reduce the cost and delay associated with protracted litigation. If assets were transferred out of the decedent’s estate during their life time, civil remedies may also be required. Klinedinst’s Probate and Trust litigators can assist beneficiaries to determine the appropriate remedy for their grievance, and have experience in probate and civil forums to ensure the beneficiaries’ rights are protected.
Financial Elder Abuse Claims
In the U.S., individuals over 50 score low in measures of financial knowledge and financial literacy, yet their self-confidence in financial decisions may actually increase with age.
Undue Influence Claims
Undue influence is a form of elder abuse. It means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.
Inheritance Disputes
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Separate Property or Community Property Claims
California is a community property state. This means that all property acquired during marriage is presumptively community property unless it is acquired by gift, inheritance, or earned from separate property sources.
Creditor Claims
In general, there is a one year statute of limitation for a creditor to file a creditor’s claim against a decedent’s estate. Once the claim is denied, there is a short window of time for the creditor to file a lawsuit against the estate to enforce their rights. Therefore, creditors cannot delay in bringing their claims against a decedent.